Digital Commons Network^™

The Devil Made Me Do It: Replacing Corporate Directors' Veil Of Secrecy With The Mantle Of Stewardship, Constance E. Bagley, Karen L. Page

San Diego Law Review

This Article argues that the nature of the corporate form coupled with an exclusive focus on shareholder value leads to economically and socially inefficient results. The "profit maximization" view of directors' duties ignores the historical reasons why corporations were given special privileges, such as limited liability, by the state. This narrow view should be replaced with a doctrine of stewardship that imposes a more comprehensive view of the corporation's and directors' responsibility to manage the vast resources held in corporate form. This broader view is consistent not only with the values of a free market economy, but also with modem …

A Jurisprudence In Disarray: On Battery, Wrongful Living, And The Right To Bodily Integrity, Mark Strasser

San Diego Law Review

The right to bodily integrity is firmly entrenched in the right to privacy jurisprudence. An individual who has that right violated by being subjected to an unwanted touching can sue for damages. For example, an individual who receives medical treatment against her will can bring an action for battery, even if that treatment provides her a net benefit.' Yet, the determination of whether our current system provides either sufficient compensation for the victim of a nonconsensual physical invasion or a sufficient disincentive to possible tortfeasors to prevent such invasions is only possible after the potential damages for such invasions are …

The Juvenile Justice System Of Richmond : Progression Into The Future, Elizabeth Ann Teixeira

Honors Theses

The area of juvenile justice in America is a growing concern among both urban and rural community leaders. According to the Community Collaborative for Youth, the juvenile violent crime rate in Richmond is triple the state average. 1 The juvenile violent crime rate is the percentage of violent crime committed by a person under the age of eighteen. This is merely one aspect of the adversity facing the juvenile justice system in the eyes of the community. As a result of the growing need for information on the subject, a great deal of literature has been published about the risk …

Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden

Journal of Law and Health

This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …

Domestic Partnership Benefits: Why Not Offer Them To Same-Sex Partners And Unmarried Opposite Sex Partners, Debbie Zielinski

Journal of Law and Health

Employers offering these benefits to same-sex domestic partners only, may face legal challenges such as marital status and sexual orientation discrimination or equal protection arguments from their unmarried heterosexual employees. In addition, states and municipalities have been increasing the potential of such litigation by passing laws that prohibit discrimination based on sexual orientation and marital status especially in the areas of housing and employment. This Note examines the potential of such legal challenges when employers use the narrow definition in structuring their domestic partner benefit programs. In addition, avoiding challenges by simply not offering benefits will be discussed. However, before …

Beyond Washington V. Glucksberg: Oregon's Death With Dignity Act Analyzed From Medical And Constitutional Perspectives , Steven B. Datlof

Journal of Law and Health

This Article examines several aspects of the medical and legal debate on physician-assisted suicide. Part I describes the Oregon Death with Dignity Act, the only existing American law legalizing physician assisted suicide. Understanding the provisions of the DWDA provides a concrete, practical framework for discussing the medical and constitutional issues central to the PAS debate. Part II considers the wisdom of the DWDA in light of current medical knowledge and practice. The law allows a patient, with only a few months to live, a human end to intolerable suffering under controlled conditions. It is carefully crafted to ensure that patient …

Directors' Duty Of Care To Monitor Information Systems In Hmos: Some Lessons From The Oxford Health Plan, Mary E. O'Byrne

Journal of Law and Health

Given this scale of investment, the centrality of information systems to the success of an HMO, the obligation of regulatory compliance, plus the attention now focused on the year 2000 "millenium bug" problem, information systems are clearly a major area of concern and oversight by corporate directors. This paper analyzes the role of information systems in HMOs and the nature of the HMO directors' duty of care in monitoring the integrity of the information systems to determine when directors may be held personally liable for losses suffered by the corporation when the systems collapse. Section I addresses in general the …

Mr. Peanut Goes To Court: Accomodating An Individuals Peanut Allergy In Schools And Day Care Centers Under The Americans Wtih Disabilities Act, Marie Plicka

Journal of Law and Health

This article explores the ADA and the interpretive case law, as it pertains to schools and day care centers, in hopes of better understanding the purpose of the statute as well as to predict its future. Part II of this article provides a brie explanation of peanut allergies. Part III contains an overview of Title II and Title III of the ADA and their interpretive regulations. Part IV analyzes whether an individual asserting a Title II claim under the ADA, where the relief sought is also available under the Individual with Disabilities Education Act before asserting his or her ADA …

An Analysis Of The Traveler's Dilemma With Experimental Evidence, Eduard A. Pelz

Honors Papers

Game theory studies how people should respond in strategic situations and is naturally used for predictive purposes. The optimal strategy predictions yielded by game theoretic reasoning can be surprising when they conflict with preconceived notions of how to play, i.e. the "common sense" strategy. Consequently, the game theoretically optimal strategy may be a poor predictor of how individuals actually behave in real-life strategic situations. In order to accurately model such situations for predictive purposes it is important to know the limitations of the current game theoretic tools.

In the traveler's dilemma, Kaushik Basu presents a parable to illustrate how game …

A Tale Of Two Proteins, Robert A. Bohrer

Faculty Scholarship

In this article we examine the Orphan Drug Act and one of the most important incentives it provides for the development of new drugs for rare diseases, a seven-year period of market exclusivity for new orphan drugs. The FDA has had difficulty interpreting the market exclusivity provisions of the Orphan Drug Act since its enactment. The continuing uncertainties about the scope of protection that the Act provides for innovative products threaten the basic purposes of the Act. The FDA's recent interpretation of the Act raises numerous questions: Should market protection from the Orphan Drug Act depend on the physical and …

A Review Of The Pikes Peak Batholith, Front Range, Central Colorado: A "Type Example" Of A-Type Granitic Magmatism, Diane R. Smith, J. Noblett, R. A. Wobus, D. Unruh, K. R. Chamberlain

Earth and Environmental Geosciences Faculty Research

The N 1.08-Ga Pikes Peak composite batholith of central Colorado is a type example of an Atype granitic system. From the 1970s through the 1990s, details of the field relations, mineralogy, major and trace element compositions, and isotopic geochemistry of Pikes Peak rocks were documented, and they reveal the existence of two chemical groups, a potassic and a sodic series. The potassic series (~64-78 wt % SiO₂) includes the Pikes Peak Granite, which is mostly coarse-grained biotite f hornblende syenogranite and minor monzogranite that dominates the batholith. The potassic series also includes fine- to medium-grained biotite granite found …

The Malaysian Government's Response To The Economic Crisis, Taisuke Watanabe, Koichi Hayase, M. Arrasu, Edwin Loh, Lee Chen Yee

Documents

Report detailing the policy measures taken by the Malaysian government in response to the AFC.

Annual Report 1999, Czech National Bank

Documents

No abstract provided.

Ibra Strategic Plan: 1999 - 2004, Indonesian Bank Restructuring Agency

Documents

No abstract provided.

The Swedish Banking Crisis: Roots And Consequences, Peter Englund

Documents

No abstract provided.

Volume 49 Issue 2 (1999), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

The Independent Counsel Statute: A Legal History, Benjamin Priester

Journal Publications

The independent counsel statute has been one of the most-if not the most-controversial federal laws of its time. A presence on the national stage for twenty years, it will expire on June 30, 1999, unless Congress affirmatively acts to save it. As the other articles in this issue of Law and Contemporary Problems attest, the statute's future seems bleak, perhaps even if substantial revisions are made. Numerous other sources also have heaped praise, criticism, and everything in between upon the statute. A law with so dark a beginning and so storied a political history may be doomed to extinction. Among …

Ordinary Families -Extraordinary Care Giving, John P. Ronnau

Journal of Family Strengths

Children with severe emotional problems often have multiple needs that require disparate services including child welfare, juvenile justice, health, mental health, substance abuse, and mental retardation (Stroul, 1996). However, the primary care giving responsibilities for these youngsters still remain with their families. It is the family who shelters and clothes them; provides guidance, affection, recreation, nurturing; gets them to appointments with doctors and therapists and to school dayin- and-day-out, year after year (Lourie, 1995). Despite the invaluable and irreplaceable care provided by families, they are often maligned by a system which characterizes them as having their own problems and inadequacies. …

Nonperturbative Aspects Of The Quantum Chaos Theory, Yuri Alexander Dabaghian

Open Access Dissertations

No abstract provided.

Predicting Smoking Cessation In Pregnant Latina And White Women, Ivory Roberts Clarke

Open Access Master's Theses

This study examined cigarette smoking patterns in a low-income sample of pregnant women. The total sample included 142 white women and 56 Latinas. The participants were recruited as current smokers and recent quitters who received prenatal care at six urban health clinics in a northeastern locale. Recent quitters were women who had quit smoking less than one year prior to contact. Predictor variables were examined for both Latinas and white women in order to identify possible differences between the two groups. These variables focused on measures of addiction, social and familial predictors, and demographic information.

Several quantitative procedures were used …

Parental Socialization And The Child's Development Of Internal Concepts Of Self And Others, Elena Sylvie Mirsky

Open Access Master's Theses

The process by which children develop internal models of the self and others has been an area of much theoretical interest. This study explored the influence of parental affective and verbal socialization messages as well as children's own mastery experiences on the child's emerging internal models of self and significant others. The goals of the study were to replicate the association between parental control style and child compliance as reported in the child development literature and to examine the relationship between child compliance and child self-concept. The sample studied consisted of 46 children and their mothers who participated in a …

Assessing Self-Efficacy Among Incarcerated Women: Scale Development And Psychemetric Properties, Cheryl Hevey

Open Access Master's Theses

The increasing number of incarcerated women in the United States has created the necessity to better understand the needs of this population, so that successful correctional programs can be implemented. Programs that address these needs and are aimed at increasing relevant skills have been linked with program effectiveness. However, increasing skills alone is not enough. If these women leave prison without the necessary self-efficacy, it is likely that they will not attempt to perform these skills after release. The objective of this research was to develop a self-report questionnaire to measure self-efficacy in this population. The Self-Efficacy for Incarcerated Women …

Landscape And Habitat Predictors Of Canada Warbler (Wilsonia Canadensis) And Northern Waterthrush (Seiurus Noveboracensis) Occurrence In Rhode Island Swamps, Nicholas A. Miller

Open Access Master's Theses

Canada Warblers (Wilsonia canadensis) and Norther Waterthrushes (Seiurus noveboracensis) – both fores-interior, neotropical migrants – are the only breeding bird species in Rhode Island restricted to forested wetlands. Despite continuing alterations of wetlands and surrounding upland landscapes, primarily as a result of urbanization, the factors affecting the distribution of these two species have not previously been investigated. The need for such research is urgent, especially given the long-term decline in Canada Warbler populations in the Northeast. I examined the relative influence of forest habitat characteristics and landscape context on the presence of both species in 80 …

Transfer Of Development Rights: A Legal Blueprint For The Town Of Bristol, Rhode Island, John A. Pagliarini Jr.

Open Access Master's Theses

This paper addresses the issue of how to establish a transfer of development rights system in the Town of Bristol, Rhode Island. Identified are changes necessary to implement the program. These changes include the adoption and amendment of several pieces of legislation by the Rhode Island General Assembly. Additionally given are amendments and additions to the Bristol Comprehensive Plan, Zoning Code and Subdivision Regulations. These changes establish the parameters of the transfer of development rights program, including: sending district requirements, receiving district requirements and the development rights bank.

This paper does not present a history of transfer of development rights …

Gendered Identities: Women And Household Work, Naomi R. Cahn

Villanova Law Review (1956 - )

No abstract provided.

Journal Of The Arkansas Academy Of Science - Volume 53 1999, Academy Editors

Journal of the Arkansas Academy of Science

No abstract provided.

Microlevel Climate Change Due To Changes In Surface Features In The Ganges Delta, M. M. Adel

Journal of the Arkansas Academy of Science

The Ganges had been the world's 8th largest river in terms of the volume of water discharge of 490 km3/yr to the ocean 4 prior to 1975. Since that time, over a period of two decades, India has reduced the Ganges discharge through Bangladesh to 40% from its original annual average discharge of 1,932+7-223 m3 /s by diverting water for irrigation in her upper states. The , resulting consequences have been disastrous due to the depletion of the surface water resources. One of the devastating consequences has been the generation of extreme climate. The summertime maximum temperature has risen to …

Electron Shock Waves, Frances Terry, Mostafa Hemmati

Journal of the Arkansas Academy of Science

No abstract provided.

Occurrences Of Petalphyllum (Fossombroniaceae) In The Interior Highlands Of Arkansas, Jared W. Kyzer, Daniel L. Marsh

Journal of the Arkansas Academy of Science

No abstract provided.