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Sensitivity Analysis Of The Simpplle Model On Lubrecht Experimental Forest, Western Montana, Christine Marie Stalling

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Ordered Attribute Grammar For The Ecosystem Information System, Trish Duce

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Clinton And Jackson Must Rise To The Occasion In L'Affaire Lewinsky, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Having apparently prayed with everyone in the first family about - if not against - the Monica Lewinsky specter, the Rev. Jesse Jackson has become the spiritual point man for the Clinton White House.

Review Of The Oglala People, 1841-1879: A Political History By Catherine Price, Matthew G. Hannah

Great Plains Quarterly (through 2013)

This book is a thorough history of official relations between the Oglala Lakota and the US Government during the mid-nineteenth century, with a special eye to the impact of these relations on the political structures that had been characteristic of Oglala society before significant white contact. The book's structure is straightforward: an introductory chapter draws on early ethnographic data and related scholarship to layout the political anatomy of Oglala society in the early nineteenth century, while the following six chapters cover Oglala-white relations from 1841 to 1879. Each of the six historical chapters not only recounts important events but also …

Foreign Banking Legislation In The U.S., Jun Chen

LLM Theses and Essays

This thesis addresses the dramatic change in legislation for the operation of foreign banks in the U.S in reaction to more recent myriad of opportunities for foreign banks within the U.S. The author takes on an historical perspective to the nature and concept of foreign banking, the International Banking Act of 1978, the Foreign Bank Supervision Enhancement Act of 1991, and the problems and lessons learned from the Daiwa and BCCI scandals. The author concludes with analysis and comments on current U.S. foreign banking legislation while proposing that U.S. banking regulations on foreign banks, though necessary to protect the U.S. …

Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos

LLM Theses and Essays

The incremental generation and disposal of hazardous waste, causing severe environmental pollution, has become one the world’s most important ecological problems starting with the Stockholm Conference in 1972. This paper examines two legislative reactions to pollution caused by hazardous wastes in the United States, under the Resource Conservation and Recovery Act 1976 (RCRA), and Argentina, in Law No. 24051. This paper makes a comparative analysis of the material provisions of both the RCRA and the Law with emphasis on the tools and actions provided for the enforcement of the RCRA and the Law. The paper concludes that the RCRA and …

A New Regulatory Environment For The Telecommunication Industry, Jerome Lavigne Delville

LLM Theses and Essays

The idea of information superhighways has been spurred by consumer demand, technological development and political institutions. These advancements and interests require a regulatory framework to control the operation of, and competition within the telecommunications industry. This paper focuses on government regulation of telecommunication carriers, information services (internet), video-programming and wireless telecommunication (spectrum). This paper also highlights the roles of the Federal Communication Commission (FCC) under the Telecommunications Act of 1996 as compared to previous laws prior to the 1996 Act.

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde

LLM Theses and Essays

This thesis focuses on the right of victims of political and other unconstitutional convictions to obtain legal relief in Mexico. The thesis critically examines the writs of Amparo and habeas corpus, their uses and enforcements in Mexico, including, the policy for the creation of the writs – liberty. This thesis makes a comparative analysis of the use of the Mexican writ of Amparo and the writ of habeas corpus vis-à-vis enforcement mechanisms in the United States for unconstitutional convictions. The thesis concludes with proposals for amendments to the Amparo statute in Mexico to create the possibility for damages as …

Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya

LLM Theses and Essays

This thesis focuses on the doctrine of judicial review and the need to establish a constitutional court in Mexico. The paper critically examines the doctrine of judicial review under the common law (US) and civil law (Germany) jurisdictions. Although the doctrine of judicial review in Mexico is a combination of both models, several decades of institutional arrangements prevent the Mexican judicial system from achieving effective instruments to enforce basic constitutional principles and maintain an equilibrium of powers. This thesis proposes a constitutional review that will create independent constitutional courts, with powers to review executive and legislative powers.

International Aspects Of Banking Regulations - Panama And U.S., Annette Cecilia De Leon Molina

LLM Theses and Essays

Globalization has resulted in a significant increase in the number of foreign banks operating in the United States and the Republic of Panama, thus requiring regulation. This paper deals with the proposed legislative framework by the Republic of Panama to modernize its foreign banking regulations. The paper examines the dynamics of the Basic Accord Capital Standards and U.S. regulation of foreign banks in comparison to the Panama current banking regulations, with the goal to adopting international best practices. The paper concludes by proposing that the Republic of Panama should embrace regulatory revisions at the same level as regulatory schemes in …

Labelling Genetically Modified Products Under International Law, Mary Caroline Harris

LLM Theses and Essays

This paper focuses on the debate on the health, policy and legal regimes that require the special labeling of food, drugs and other products that contain genetically-modified-organisms. The paper examines national and international regulatory schemes on genetically-modified-organisms and the roles of the General Agreements on Tariffs and Trade (GATT) and World Trade Organization (WTO) conventions for non-restrictive global trade. This paper analyzes the scope, aims and objectives of the proposed international Biosafety Protocol in line with the overarching goals of GATT/WTO. The paper concludes that the food industry and individual producers should have the liberty to decide whether to label …

Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang

LLM Theses and Essays

No abstract provided.

Study Of Electronic Cash: Its Impact On The Economy And Society, And Its Future, Sanjana Prasad

LLM Theses and Essays

Technological advancement has introduced an electronic method for the payment for goods and services. With these advancements and the growth of the internet, the market-place of the world has become one universe without borders. This paper examines the various methods of electronic payment for goods and services and the domestic and international laws that govern their operations. The paper explores concerns about money laundering, counterfeiting, internet security, cyber scams in electronic cash as well as proffered security solutions to these problems. The paper concludes with the proposition that electronic cash in the form of cards (ATM) are more accessible to …

Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner

LLM Theses and Essays

Child Custody determination in family law is a herculean task. It typically depends on the balancing of interests between two parents that works in tandem with the best interest of the child. This paper addresses the legal and constitutional factors that affect custody adjudication in the 20th century such as feminist jurisprudence, and the growing concept of joint custody with primary caretaker rule. The paper also examines the role and impact of assisted reproductive technology on custody adjudication. Most importantly, the paper focuses on the best interest of the child doctrine under Article 3(1) of the United Nations Convention on …

Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li

LLM Theses and Essays

This paper focuses on the good faith principle in contracts and international trade. The paper examines the description of the good faith principle in common law and civil law jurisdictions and various approaches to Article 7 (1) of the Vienna Sales Convention that requires the need to promote the observance of good faith in international trade. The paper reviews the drafting history of the Article, interpretation of good faith under common law and civil law, the UNIDROIT and Uniform Commercial Code. The paper concludes by proposing a uniform understanding of the Convention’s good faith principle by clarifying its function, its …

Officers And Directors Compensation In American Law, Laurence Melanie Rouzioux

LLM Theses and Essays

Since the 1980s, executive compensation of directors and officers in U.S. Corporations have increased sharply. This paper reflects upon the public criticism of corporations that paid exorbitant amounts as salary and other benefits to their directors and officers. This paper focuses on the laws of corporations in Delaware as they relate to directors and officers’ compensation. The author examines different concepts such as the doctrine of waste that creates a duty that a corporation cannot give away or waste its assets. The author concludes that executive compensation packages should mirror Delaware corporation laws while remaining reasonable flexible to account for …

Interpretation And Implementation Of The International Law Obligations Set Forth In The U.N. Charter By The Security Council Of The United Nations, Lakshmipriya Narayanaswamy

LLM Theses and Essays

Scholars of international law have applauded the United Nations’ response to restoring peace and security after the Iraqi suppression that led to the Gulf War. This paper focuses on the powers of the Security Council of the United Nations in bringing nations to conform to principles of international law. The paper also explores examples of the Security Council using the theories of interpretation of the principles enshrined in the U.N. Charter to maintain the peace and security of countries such as Congo, Rhodesia, Turkish Republic of Northern Cyprus, and East Jerusalem. The paper concludes with admonishment of the reduced efficacy …

The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi

LLM Theses and Essays

This paper addresses a need for legal predictability in international sale of goods. The author explores the twin purposes of the CISG to provide uniform substantive rules for international sale contracts and to solve conflict of laws problems through a uniform choice of law principle. The paper explores the regime of conflict of law rules in the CISG in comparison with the Hague Convention on the Law Applicable to the Contracts for the International Sale of Goods, EC Rome Convention on the Law Applicable to Contractual Obligations, and the Inter-American Convention on the Law Applicable to International Contracts. The scope …

Domestic Subsidies Under The Wto Agreement On Subsidies And Countervailing Measures And Their Treatment In Section 771 Of The Tariff Act Of 1930, Cecil Carl-Erich Kramer

LLM Theses and Essays

Governments provide subsidies for a variety of reasons and they are an important tool "to promote important objectives of national policy. The Organization for Economic Co-operation and Development (OECD) is comprised of industrialized countries, all of which are Members of the OECD Convention also have shown a steady rise in the provision of subsidies. The policy behind the fact that subsidies are addressed in international agreements is that they create a distortion in international trade and that they can quickly and destructively spread from nation to nation. They create a disparity between the actual costs incurred in producing a particular …

Cpa's Guide To Saving Tax Dollars For Farm Clients;, Andrew R. Biebl, Robert J. Ranweiler

Guides, Handbooks and Manuals

No abstract provided.

Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz

Faculty Scholarship

This Article examines the Supreme Court's decision in Hurley v. Irish-American and compares it to the decision in Stropnicky v. Nathanson. It then considers whether there are sufficient distinctions between the two cases so as to defeat the First Amendment argument that was successful in Hurley. It concludes that the differences between the two cases are not sufficiently significant from the point of view of the First Amendment and that the application of the state public accommodation statute to a lawyer's ideologically motivated decision not to represent a client violates the First Amendment.

Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser

Faculty Scholarship

This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive …

Racial Disparities In The Delivery Of Health Care, Barbara A. Noah

Faculty Scholarship

This Article focuses on the role of conscious and unconscious racial bias in the delivery of care; it does not begin to address the larger issue of inadequate access to care at the outset. Improving access to health care for minorities will undoubtedly have a positive effect on these groups' overall health status; however, to the extent that racial bias in the delivery of care exists apart from problems of inadequate access, the disparity in health status between whites and African Americans will no doubt continue.

Part II of this Article describes racial disparities in a variety of health care …

The Cave Exploration Group Of East Africa And Volcanic Caves In Kenya, Michael Declan Kennedy

International Journal of Speleology

This paper looks at the history of the Cave Exploration Group of East Africa with special reference to the exploration of volcanic caves. It demonstrates that the group has concentrated on two main areas, the Chyulu HiIls and Mt. Suswa, although other areas have also been studied. The Cave Exploration Group of East Africa has had to cope with various problems. The most important of which are related to the socio-economic conditions of a developing country. These problems have not prevented the group from making a valuable contribution to vulcanospeleology.

Seeing Is Succeeding: The Impact Of Visioning On The Bottom Line, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

What We Know, James Boyd White

Other Publications

The editors of Cardozo Studies in Law and Literature, and its contrib­utors too, deserve congratulations for its ten years of most successful life. & a small contribution to this moment of celebration I should like to suggest a particular line of thought about what the reading of literature helps us to see about law.

Hepatic Metabolism And Molecular Interactions Of Nucleoside Analogs Active Against Hiv., Xin-Ru Pan-Zhou

All ETDs from UAB

No abstract provided.

The Role Of The Conserved M2 Leucine In The Activation Of Recombinant Gaba-Gated Ion Channels., Yongchang Chang

All ETDs from UAB

No abstract provided.

Role Of The U5-Primer Binding Site In The Selection Oftrna Used For Initiation Of Human Immunodeficiency Virus Type 1 Reverse Transcription., Sang-Moo Kang

All ETDs from UAB

No abstract provided.