Digital Commons Network^™

More Competition Through Deregulation: The German Tv Market, Ulrich Koch

Fordham International Law Journal

This article introduces the market structure of German television (“TV”). The approach two-fold. First, this article discusses who Bertelsmann is, how we are engaged in the TV business, and how we consider ourselves. Second, this article shows how Bertelsmann is engaged in the TV business throughout Europe. Last afterwards, this article presents some statements with respect to the market structure in the German TV market, which is a strange market from the competition point of view.

The Federal Cartel Office Perspective, Markus Wagemann

Fordham International Law Journal

This article focuses on the German television (“TV”) market from an antitrust perspective, limited to some competition aspects of the technical and program side of the German TV market. On the technical side, we are in a situation of an emerging market for digital TV where a TV household needs a decoder in order to transfer digital TV signals into analog TV signals, because most households still have analog TV sets and also to descramble encrypted pay-TV signals for subscribers. The other issue, the program side, is more what competition authorities are dealing with, in particular the Bundeskartellamt in its …

Antitrust Law And Pay-Tv: The Italian Case, Claudio Cocuzza

Fordham International Law Journal

Television (or “TV”) broadcasting today is in the wake of a critical technological revolution. The development of new technologies is becoming increasingly rapid and the legal scenario is changing daily and sometimes disorganically. Regulation in this field is strictly connected with technology and its evolution. For this reason, it is worthwhile to go through a brief outline of the last and most significant television broadcasting techniques. Distribution of TV “signals” has occurred in Europe and especially in Italy — until the beginning of the present decade — almost exclusively through terrestrial networks, i.e. via etere. This situation means that in …

Deregulation Of Air Transport Agreements, Robert Wolfger

Fordham International Law Journal

This essay briefly discusses the reality that I have experienced in air transport for some time. In this field, the world is still ruled by bilateral air transport agreements. Such bilateral agreements are even in force in Europe. This essay asks several questions. First, what does successful deregulation in Europe really mean? Would deregulation be successful if many low-cost carriers flew throughout Europe and carried mostly point-to-point traffic from point A to B? I personally think that very few routes are suitable for this point-to-point traffic.

Interjurisdictional Competition Within The European Union, Wolfgang Kerber

Fordham International Law Journal

Part I of this Essay shows that two central principles of the EC, namely mobility between Member States and decentralization of economic policies (subsidiarity), imply that Member States and other lower-level jurisdictions necessarily are in competition with one another (locational competition). Part II presents an outline of a theory of interjurisdictional competition that suggests, first, that only a competitive system of jurisdictions can be compatible with both decentralization and mobility and, second, that interjurisdictional competition may be a superior way of supplying public goods and services. Part III argues that the institutional structure of the EC has failed to take …

From World Trade Law To World Competition Law, Freidl Weiss

Fordham International Law Journal

The WTO has become the chosen forum for various trade-related additional policies and provisions such as Trade Related Environmental Measures (‘TREMS‘), TRIMS, TRIPS, and possibly in the future, competition and investment rules. The TRIPS, as is well known, owes its existence to trade-offs with DCs, which have still not been fully implemented. Future additional policies, if controversial, would need to be justified separately on economic grounds, or risk failure. Detailed multilateral competition rules will undoubtedly be adopted one day. I believe, however, that the time is not yet ripe for a comprehensive agreement, except perhaps on the most abstract of …

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Faculty Scholarship

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect differences in national understandings of sharing, property, and even personhood. As …

Research Methods In Cognition And Emotion, W G. Parrott, Paula T. Hertel

Psychology Faculty Research

In this chapter we critically survey research methods used in the field of cognition and emotion. Research on cognition and emotion addresses a great variety of topics, which include the ways in which emotional states influence cognitive processes, the role of cognition in producing emotion, and folk categories and knowledge of emotion. So great is this variety that a brief chapter cannot address all the research methods that have contributed to the expansion of knowledge that has occurred in recent years; there are too many methods, and many are relevant only to particular specialized topics. Specialized research methods are discussed …

An Investigation Into The Implementation And Performance Of Spectrally Shaped Orthogonal Frequency Division Multiplex, David Lahiri Bhatoolaul

School of Engineering, Computing and Mathematics Theses

Orthogonal Frequency Division Multiplex (OFDM) is a flexible, robust multi-carrier modulation scheme. The orthogonal spectral shaping and spacing of OFDM sub-carriers ensure that their spectra can be over-lapped without leading to undesirable inter-carrier interference. Conventional OFDM systems have non-band limited Sinc(x) shaped subcarrier spectra. An alternative form of OFDM, referred to hereafter as Spectrally Shaped OFDM, employs band limited Nyquist shaped sub-carrier spectra. The research described in this thesis investigates the strengths and weaknesses of Spectrally Shaped OFDM as a potential modulation scheme for future mobile radio applications. From this research a novel Digital Signal Processing architecture for modulating and …

Integration Of Faith And Learning In Christian Higher Education : Professional Development Of Teachers And Classroom Implementation, Constance Chibuzo Nwosu

Dissertations

Problem. Few studies have focused on effective professional development programs that enhance faith-learning implementation in the Christian higher education classroom, and little has been documented about what integration of faith and learning actually looks or sounds like in Christian higher education classrooms.

Purpose. This study had four purposes:

1. To describe the training processes used for preparing teachers in Christian higher education for implementing EFL in the classroom.
2. To compare these methodologies with Jesus’ training methodologies and research-based professional development programs.
3. To understand how teachers in Christian higher education classrooms defined IFL.
4. To identify and document some exemplary practices of faith …

The Relationship Between Religious Beliefs, Moral Development, Self-Control, Peer Pressure, Self-Esteem, And Premarital Sex, Jacynth A. Fennell

Dissertations

Problem. The purpose of this study was to ascertain if there is any relationship between religious beliefs, moral development, self-control, peer pressure, self-esteem, and premarital sex, providing for a comprehensive framework for understanding this phenomenon.

Method. Subjects were 148 undergraduates attending three schools in different geographic regions within the United States. Subjects were primarily between 18 and 25 years old. A survey was completed by 148 students. Data-were analyzed using Analysis of Variance and Independent-Samples t test.

Results. Of the 148 students who participated in the study, 38% were Black, Hispanic, 38% were White, non-Hispanic, 10% were …

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Reviews

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …

Review Of The Repeal Of Reticence: A History Of America's Cultural And Legal Struggles Over Free Speech, Obscenity, Sexual Liberation, And Modern Art, Donald J. Herzog

Reviews

Our public sphere, which should have displayed and preserved the grandeur and beauty of our civic ideals and moral excellences, is instead inane and vacuous when it is not utterly mean, ugly, or indecent (p. 4). Troubled by the tawdry nonsense circulating in the public sphere-and she wrote before learned enquiries into whether the President's genitals had any distinguishing characteristics- Rochelle Gurstein turns to history to understand how we arrived at such a sorry destination. Hers is a tale of decline: The Victorians "we moderns" so routinelyd eridef or theirP uritanicalr epressivenessu nderstoodf ull well that certain things have to …

Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger

Reviews

In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …

Failure And Forgiveness: A Review, James J. White

Reviews

In Failure and Forgiveness, Professor Karen Gross has written two books about bankruptcy. The first book, found in the first nine chapters, describes the bankruptcy law, the bankruptcy system, its operation, and the policies that support that law and system. This first book is written for a lay audience, and it is an admirable exposition of the law and policy. The second book, chapters ten to fifteen, contains several proposals for change in the bankruptcy law and states arguments to justify those proposals. The second book shows Professor Gross to be a kindly socialist, deeply suspicious of free markets and …

Characterisation Of Cytokine Gene Polymorphisms In Patients With Acute Pancreatitis, Kevin Sargen

Peninsula Medical School Theses

Background and Aims Acute Pancreatitis is an inflammatory disorder of varied aetiology and outcome. Tumour necrosis factor (TNF) and interleukin-10 are important mediators of disease pathogenesis. To investigate if the TNF and IL-10 gene loci influence susceptibility to and severity of acute pancreatitis, 135 patients with acute pancreatitis, ethnically matched normal controls, and alcoholics without pancreatic disease were studied. Methods Aetiology was classified as being secondary to alcohol, gallstones, or idiopathic. Patients were stratified into groups according to disease severity by assigning an organ failure score. Three TNF microsatellite loci (TNFa, TNFb, and TNFc), the -308 polymorphism within the TNF …

The Deteriorating Ethnic Safety Net Among Arab Immigrants In Chicago, Louise Cainkar

Social and Cultural Sciences Faculty Research and Publications

No abstract provided.

Becoming A Citizen: Reconstruction Era Regulation Of African American Marriages, Katherine M. Franke

Faculty Scholarship

While many Black people regarded slavery as a form of social death, some nineteenth-century white policy-makers extolled the virtues of slavery as a tool to uplift the characters of Africans in America: "[Slavery in America] has been the lever by which five million human beings have been elevated from the degraded and benighted condition of savage life ... to a knowledge of their responsibilities to God and their relations to society," observed a Kentucky Congressman in 1860. These sentiments were echoed by abolitionist northern officers not three years later when the institution of marriage was lauded for its civilizing effect …

The Church As An Agent Of Reconciliation In The Thought Of Desmond Tutu, Trust J. Ndlovu

Dissertations

South Africa was both the first and last bastion of extended European colonial rule in Sub-Saharan Africa. Due to the extensive interaction between the Black and White races over time, who were distinguished by divergent philosophies of life, friction developed between these two major ethnic blocs, as well as the other peoples that came as labor for the Whites or have arisen as a result of miscegenation between the Blacks and the Whites. Archbishop Desmond Tutu holds that racial tension is neither good for South Africa nor even Christian, and insists that it should be eliminated, giving way to reconciliation. …

The Common Law And Statutes, Peter L. Strauss

Faculty Scholarship

Controversies about statutory interpretation and the proper roles for judges in interpretation are particularly noticeable in the Supreme Court but have penetrated downward throughout the judicial system. What I mean to explore here are some implications of our common law heritage and the presuppositions of a common law system for these controversies, that seem rarely noticed in the ongoing debates. I mean by this not only common law judging, but also what we might call common law legislating – that is, the practice of creating statutes to achieve marginal changes in existing law in response to perceived deficiencies, rather than …

Test-Retest Reliability Of Individual Student Acquisition And Retention Rates As Measured By Instructional Assessment, Matthew K. Burns

Dissertations

Statement of the problem. Research on Instructional Assessment is in its infancy. To date, no studies regarding its psychometric properties have been published, but the need for using technically sound assessment methods is prominent in education. Therefore, demonstrated technical adequacy is crucial. The lack of psychometric data for Instructional Assessment is especially noteworthy since it is one of the few educational assessment techniques that includes assessment of performance and cognitive learning theory, both of which have been linked to improved student achievement.

Method. Ninety-six students from Grades 1, 3, and 5 were individually taught a series ofwords from …

The Reflective Process In Nursing Clinicals Using Journaling And Dialogue, Rita Van Horn

Dissertations

Method. Two case studies describe the experiences of (1) 17 students who worked individually in the hospital clinical setting and who answered specific questions about problem solving in a written journal and (2) 20 students who were paired in the clinical setting and who answered the same questions together in a journal shared by the pair. In both case studies the experience was 9 weeks. The written journal questions were designed around a problem-solving process and thoughts and feelings about the clinical experience. A rubric adapted from Boud, Koegh, and Walker’s (1985) reflective model was used to analyze the journal …

Technology Partnership Curriculum Initiative: A Descriptive Case Study Of Its History, Development, And Implementation, Ingrid Wright-Jones

Dissertations

Problem

Curricular reform has a pathetic history. Curriculum documents, some of the major tools of reformers, have had a minor effect on transforming education because the power of pedagogy has been ignored (Cuban, 1993). Teachers in the Seventh-day Adventist (SDA) system voiced similar concerns about curriculum documents. Additionally, they felt that their 2-4-day in-service training did not adequately prepare them to implement curricular changes. This initiative, aimed at restructuring both the content and process of teaching, was to be implemented in a distance-learning pilot project in eight one-teacher schools.

Purpose

The purpose of this study was to: (1) define the …

The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas

Faculty Scholarship

Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answer to this question in the pages of a recent decision by the United States Supreme Court. I do feel obliged to say this, not because I am committed to a court-centered adjudicative conception of American constitutionalism; to the contrary. But rather, because the decision on which I want to focus seems to me to offer a rich resource for critical reflection on the idea of self-government whose connections to Progressive Constitutionalism give us our topic this afternoon.

The Independent Counsel Statute: A Premature Demise, Julian A. Cook

Scholarly Works

With the backdrop of the impeachment trial of President William Jefferson Clinton, Congress was confronted with the quandary of whether to reauthorize the independent counsel statute. As the statute approached its June 30, 1999 lapse date, lawmakers grappled with and bandied about an array of proposals, including statutory abandonment, in the midst of tremendous political tension and public fervor over the actions of the President, Independent Counsel Kenneth Starr, and members of Congress. Ultimately, Congress allowed the statute to expire, leaving the prosecution of high-ranking Executive Branch officials in the hands of the Department of Justice. Advocates of reauthorization could …

Around The Nation, Paula Hannaford-Agor

Popular Media

A number of courts have taken strong steps to deal with issues of lawyer professionalism and competence. Some state appellate courts have declared incivility unacceptable, and some trial courts have closely regulated lawyer conduct in the courtroom. Some state court systems have instituted com­missions, standards and programs to improve significantly professionalism, ethics, and excellence in practice. But more judicial leadership and daily involvement is needed in all these areas. It is this goal that the Conference of Chief Justices (CCJ) has addressed in its bold and comprehensive National Action Plan on Lawyer Conduct and Professionalism, unanimously adopted by the CCJ …

The Three-Legged Stool Of Corporate Governance Reform, Jayne W. Barnard

Popular Media

No abstract provided.

"Meet My Mentor": A Collection Of Personal Reminiscences, Frank G. Houdek, Edmund P. Edmonds

Journal Articles

Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important - and how varied - the process of mentoring has been and continues to be for the growth and evolution of the profession.

Conjunctive Use Of Surface Water And Groundwater For Sustainable Agricultural Production, Richard C. Peralta

Civil and Environmental Engineering Faculty Publications

This report is a guide to aid conjunctive water use in stream-aquifer systems. Conjunctive use refers to coordinated use of groundwater and surface water resources. This document discusses principles useful for field engineers and agricultural experts. It presents hydrologic and hydraulic principles and quantitative and qualitative parameters relating to sustainable conjunctive use. It provides tools and software.

Cover And Contents

Turkish Journal of Veterinary & Animal Sciences

No abstract provided.