Digital Commons Network^™

A Statutory Model For Corporate Constituency Concerns, Edward S. Adams, John H. Matheson

Articles

The modern corporation by its nature creates interdependencies with a variety of groups with whom the corporation has a legitimate concern, such as employees, customers, suppliers, and members of the communities in which the corporation operates. Corporate governance involves a system of contractual and fiduciary duties that influence directors and officers to make decisions consistent with defined obligations. This system requires that directors consider shareholders' interests first and foremost in making corporate decisions because the share-holders are the, "owners," of the corporation. Over the past several decades, a number of states have implemented this policy by enacting constituency statutes. These …

Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams

Articles

Multidisciplinary practice (MDP) has been aptly described as the, "most important issue facing the legal profession today." The American Bar Association's Commission on Multidisciplinary Practice (Commission) surprised most observers on June 8, 1999 by recommending that the American Bar Association (ABA) amend the Model Rules of Professional Conduct (Model Rules) to allow lawyers to combine with, and share fees with, other professionals within a single professional entity. Under the proposal, lawyers could create partnerships with accountants, developers, engineers, bankers, and all other professionals, thereby giving clients access to one-stop shopping at multidisciplinary firms.

Reassignment Under The Americans With Disabilities Act: Reasonable Accommodation, Affirmative Action, Or Both?, Stephen F. Befort, Tracey Holmes Donesky

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One of Congress's principal motivations for enacting the Americans with Disabilities Act (ADA) 1 was to help disabled individuals enter into and remain in the American workplace. In the ADA's "findings and purposes" section, Congress stated that "the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals." 2 The legislative history is filled with the statements of senators and representatives supporting the Act as a vehicle for bringing individuals with disabilities "into the economic and social mainstream of American life." 3 Legislators viewed the ADA as …

The Curious Incident Of The Workers In The Boardroom, Brett Mcdonnell

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In Silver Blaze, Sherlock Holmes investigated the disappearance of a prize horse and the killing of its trainer. At one point in the investigation the officer in charge, Inspector Gregory, asks Holmes, "'Is there any other point to which you would wash to draw my attention?' 2 Holmes replies, "'To the curious incident of the dog in the night-time.""' Gregory says "'The dog did nothing in the night-time."'' "'That was the curious incident,' remarked Sherlock Holmes."'

Esop's Failures: Fiduciary Duties When Managers Of Employee-Owned Companies Vote To Entrench Themselves, Brett Mcdonnell

Articles

Managers, Inc.'s workers own the majority of the company's shares. They do not vote for the board of directors; instead, a trust votes the workers' shares. Managers, Inc.'s own directors appoint the committee that votes the trust's shares. Shockingly, those directors find themselves entrenched, winning repeated reelection under this system. The workers own the firm, but they have little or no say in the management of the firm.

An Analysis Of The Fifty-First Session Of The United Nations Sub-Commission On The Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on the Promotion and Protection of Human Rights (Sub-Commission), 2 formerly the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, met at the European Headquarters of the United Nations in Geneva, Switzerland, from 2 August through 27 August 1999 for its fifty-first session. 3 The Sub-Commission is a subsidiary body of the Commission on Human Rights [End Page 788] (Commission). It is composed of twenty-six members who are nominated by their respective governments and elected to four-year terms by the Commission. Under the principle of geographic distribution, the Sub-Commission has seven members from Africa, …

A Review Of The 51st Session Of The United Nations Sub-Commission On Promotion And Protection Of Human Rights, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

The United Nations Sub-Commission on the Promotion and Protection of Human Rights (Sub-Commission)' met at the European Headquarters of the UN in Geneva, Switzerland, from 2 August through 27 August 1999 for its fifty-first session. The Sub-Commission is a subsidiary body of the Commission on Human Rights (Commission).

Pride And Prejudice: A Study Of Connections, Mary Louise Fellows

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Although customs surrounding attribution require that only I be named as author of this Article, that fact obscures other truths about this Article. 1 One way for readers to appreciate this Article as reflecting group activity at the same time it reflects my own individual effort is the literary allusion in the title to Jane Austen and her work. I feel a particular connection to Jane Austen because she seems neither to have enjoyed nor sought the solitary life many of us imagine novelists live. When Austen finds herself, after ten years of having written virtually nothing, back in a …

Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky

Articles

In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of “any alien” under contract to perform “labor or service of any kind,” as not prohibiting a New York church from hiring a British pastor to occupy its vacant pulpit. “[A] thing may be within the letter of the statute and yet not within the statute because not within its spirit, nor within the intention of its makers,” wrote Justice David Brewer in Holy Trinity Church v. United States. Brewer's opinion is a touchstone for those seeking to overcome plain statutory language, but is …

The Easy Case For Derivatives Use: Advocating A Corporate Fiduciary Duty To Use Derivatives, Edward Adams, David E. Runkle

Articles

This Article hypothesizes that directors have a duty to shareholders to investigate and evaluate how derivatives could minimize risk to their organization. Even more, corporations have a duty to use derivatives if overall portfolio risk will thereby be reduced. Part I of this Article defines and describes the major types of derivatives and explains how and why they are used. Part II investigates the risks of derivatives, comparing these risks to other investment instruments. Part III introduces a new conceptualization of derivatives through exploration of three issues surrounding their use: (1) brokers' liabilities to investors when financial losses result; (2) …

Global Restructuring And U.S.-Mexican Economic Integration: Rhetoric And Reality Of Mexican Immigration Five Years After Nafta, Robert Manning, Anita Butera

Articles

The fall 1999 protests over the World Trade Organization (WTO) meeting in Seattle highlighted the intensifying social and political tensions companying the market-driven forces of "globalization." Neoliberal assumption of "freetrade" and capital mobility" had previously dominated the political discourse of both developed and developing countries with grandiose promises of "rising tides" of prosperity "lifting the boats" of all participating social groups via higher wages, lower retail prices, and increasing employment. While neoliberal critiques (Rugman 1994; Hufbauer and Schott 1993, 1992; Lustig, Bosworth and Lawrence 1992; Reich 1991) have tended to focus on recalcitrant nationalism such as protectionist trade policies and …

Process Performance Measures When Process Distribution Is Non-Normal, Donald Holmes, A. Erhan Mergen

Articles

This paper addresses the problems associated with process performance measures, such as Cp. Cpk, when the frequency distribution of the variable being evaluation is not Normal. These measures, also known as capability indices, are commonly used in industry, yet they may not reflect the true process performance if the process distribution is not Normal. Gunter (1), in his four-part series articles, emphasized this point and other problems associated with measures like Cpk. In this paper, we discuss various scenarios with respect to process stability and frequency distribution, and provide an example using non-Normal process curve.

The Effect Of State Anti-Takeover Laws On Board Composition, Chun-Keung Hoi, Jeffrey Lessard, Ashok Robin

Articles

The external discipline of corporate control activities (takeovers) and the internal discipline imposed by corporate boards are two ways in which agency costs can be controlled in firms. State anti-takeover laws (ATLs) reduce the probability of takeovers. Therefore, ATLs diminish one of the two (agency cost) control mechanisms available to firms. The question that arises in this context is whether firms subject to ATLs take steps to bolster the remaining control mechanism, namely the board of directors. In this study, we analyze the effects of ATLs in Ohio and Pennsylvania. We assess board composition changes following passage of ATLs in …

The Phoenix Process, Andrew Davidhazy

Articles

How to make regular B&W paper prints from normally discarded Polaroid paper negatives and take advantage of their unique visual quality.

Conceiving Nonmarital Fathers' Rights: An Inquiry Into The Constitutionality Of West Virginia's Adoption Statute, Lisa Kelly

Articles

When do the rights of nonmarital fathers to their children quicken? Is it only upon the father's establishment of a substantial economic and emotional relationship with his child? Do such fathers' interests gel only after the ink has dried on an order or affidavit in which paternity is established or acknowledged? Do there fundamental rights lie inchoate in the beating hearts of the newborn or gestating child? How should the law regard the role of the nonmarital father in the adoption context? Should there be one standard for all or two-one for fathers of infants and another for fathers or …

Global Markets, Racial Spaces And The Role Of Critical Race Theory In The Struggle For Community Control Of Investments: An Institutional Class Analysis, Elizabeth M. Iglesias

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No abstract provided.

A Scene Similarity Metric For Matching Configurations Of Image Objects, James Carswell

Articles

This paper proposes a novel solution to querying image databases by matching raster features to imagery completely in the raster/spatial domain using the shape of single features together with their spatial relations as the matching primitives. The core feature-based matching module combines a revised least-squares matching algorithm, to accomplish the matching process on binary images, with a unique implementation of a feature library that organizes and links query objects with their images in the database, thus enabling fast and efficient real-time retrieval of relevant imagery. The purpose is to extend this previous work of ours, which matches on the shape …

Micro-Raman Study Of Stress Distribution Generated In Silicon During Proximity Rapid Thermal Diffusion, M. Nolan, T. Perova, R. A. Moore, C. J. Moore, Kevin Berwick, H. S. Gamble

Articles

proximity rapid thermal diffusion (RTD). A compressive stress was found on the whole silicon wafer after 15 s RTD. After 165 s RTD, the distribution of the stress across the wafer was found to be different: compressive at the edge and tensile at the middle. Thermal stress was relieved in the RTD wafers via slip dislocations. These slip dislocations were observed in the product wafers using optical microscopy. Slip lines propagated from the wafer edge to the wafer centre in eight preferred positions of maximum induced stress. The thermally induced stress and the slip dislocation density increased with time spent …

Scenario Building: A Suitable Method For Strategic Construction Industry Planning?, John Ratcliffe

Articles

This paper is primarily about the Scenario Method. How scenario building, planning or learning exercises can profitably be used to identify, develop and test alternative plans, policies and practices that might be proposed in exploring and preparing for strategic decision-making in the construction industry. The method has been widely used in business, industry and government for over thirty years as an unrivalled technique to learn about the future before it happens. The paper examines the principles, practice and pitfalls of Scenario Building with the prime aim of presenting the technique as one singularly relevant to the study of the construction …

Scenario Building: A Suitable Method For Strategic Property Planning?, John Ratcliffe

Articles

The scenario method has been widely used by decision-makers in business, industry and government for over thirty years as an unrivalled technique to learn about the future before it happens. This paper examines the principles, practice and pitfalls of scenario building with the prime aim of presenting the technique as one singularly relevant to the study of future property investment, development and management decisions and land use policy formulation. The origins of the approach from its military based beginnings, through the popularised global environmental applications to the current widescale use by industry and commerce are traced. Some definitions are advanced …

Development Of A Novel Method For Assessing Balance: The Quantitative Posturography System, Jacinta Browne, Neil O'Hare

Articles

Balance is the ability to maintain equilibrium while sitting or standing. There are a number of different methods, which are used to assess balance: technical methods such as Sway Magnetometry, Ataxia Meter and Force Platforms and clinical methods such as Functional Reach Test, Berg Balance Test and Fall Risk Index. The most frequently used technical method is the force platform. There are two types of Force Platform a static and a dynamic Force Platform of which the dynamic Force Platform has been found to be more sensitive at detecting impaired balance. The Quantitative Posturography System (QPS) described in this paper …

Media Education In Ireland: An Overview, Brian O'Neill

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No abstract provided.

Rotary Honing: A Variant Of The Taylor Paint-Scraper Problem, Christopher Hills, H. Moffatt

Articles

The three-dimensional Row in a corner of fixed angle α induced by the rotation in its plane of one of the boundaries is considered. A local similarity solution valid in a neighbourhood of the centre of rotation is obtained and the streamlines are shown to be closed curves. The effects of inertia are considered and are shown to be significant in a small neighbourhood of the plane of symmetry of the flow. A simple experiment confirms that the streamlines are indeed nearly closed; their projections on planes normal to the line of intersection of the boundaries are precisely the 'Taylor' …

Bounds For The Points Of Spectral Concentration Of Sturm-Liouville Problems, Daphne Gilbert, B.J. Harris

Articles

§1. Introduction. We consider the spectral function ρα(λ) associated with the Sturm–Liouville equation

with the boundary condition

Internet Resources For Retirement Planning, Robin Schard

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No abstract provided.

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Articles

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers …

Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker

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No abstract provided.

Judicial Review In Brazil: Developments Under The 1988 Constitution, Keith S. Rosenn

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No abstract provided.

Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi

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No abstract provided.

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William Wilson Bratton

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No abstract provided.