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2000

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A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger Jan 2000

A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger

LLM Theses and Essays

Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …

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The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson Jan 2000

The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson

LLM Theses and Essays

Much of the recent literature on negotiation has concerned environmental negotiations. The environmental negotiations literature often discusses the negotiation of domestic environmental issues or the negotiation of multilateral/global environmental conventions. However, the literature on bilateral negotiations dealing with environmental issues, especially as it is related to mutual defense arrangements is scarcer. This thesis deals with this latter type of negotiations. This thesis explores whether interest-based negotiation techniques can be effectively used in resolving the environmental issues that are associated with base closures. It will do so by first describing and responding to some of the criticisms of the fundamental concepts …

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Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch Jan 2000

Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch

LLM Theses and Essays

The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …

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International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva Jan 2000

International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva

LLM Theses and Essays

This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …

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International Joint Ventures Between France And The United States, Alexis Desreumaux Jan 2000

International Joint Ventures Between France And The United States, Alexis Desreumaux

LLM Theses and Essays

This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …

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"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli Jan 2000

"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli

LLM Theses and Essays

It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …

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Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson Jan 2000

Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson

LLM Theses and Essays

This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …

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Exit, Voice, And Values On The Net, Dawn C. Nunziato Jan 2000

Exit, Voice, And Values On The Net, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Professor Lawrence Lessig makes the (rather dire) prediction in Code and Other Laws of Cyberspace that the Internet will be transformed from an unregulated medium into a highly regulated one. Lessig posits that the Net will largely be regulated not by the government but by commercial entities - in particular, by the software (or code) written by entities such as AOL and IBM. While the government's regulatory power is limited by the Constitution, regulation by commercial entities is not. For example, Internet service providers can censor "indecent" speech on the Net largely free of constitutional constraints. The "Net libertarians" applaud …

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Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross Jan 2000

Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross

GW Law Faculty Publications & Other Works

Despite doctrinal requirements that the state establish a compelling interest to justify content-based regulations on speech, Professor Ross argues that courts have routinely taken the government's interest at face value when it argues that it inhibits speech to protect children. The Article examines the Supreme Court's test which requires the state to establish a compelling interest by articulating the precise harm it wishes to address, demonstrating a nexus between that identified harm and the regulated speech, and showing that restriction of the speech will alleviate the harm. The author seeks to reframe the discussion surrounding controversial speech and children by …

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Title Match: Jesse Ventura And The Right Of Publicity Vs. The Public And The First Amendment, Erin Skold Jan 2000

Title Match: Jesse Ventura And The Right Of Publicity Vs. The Public And The First Amendment, Erin Skold

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Product Configuration Trade Dress And Abercrombie: Analysis Of Ashley Furniture Industries, Inc. V. Sangiacomo N.A. Ltd., Rohit A. Sabnis Jan 2000

Product Configuration Trade Dress And Abercrombie: Analysis Of Ashley Furniture Industries, Inc. V. Sangiacomo N.A. Ltd., Rohit A. Sabnis

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law And Internet Ethics, Simone A. Rose Jan 2000

Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law And Internet Ethics, Simone A. Rose

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Patent Protection Of Computer Programs, James P. Chandler Jan 2000

Patent Protection Of Computer Programs, James P. Chandler

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Dialogue Magazine, Winter 2000 Jan 2000

Dialogue Magazine, Winter 2000

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

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Health Informatics Research & Evaluation Design Students Overwhelmingly Prefer Hypertutorial Web-Based Instruction In Randomized Comparison, Craig W. Johnson Jan 2000

Health Informatics Research & Evaluation Design Students Overwhelmingly Prefer Hypertutorial Web-Based Instruction In Randomized Comparison, Craig W. Johnson

Faculty, Staff and Student Publications

No abstract provided.

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Java-Based World Wide Web Clinical Trial Data Management, Vinod Aggarwal, Venkatesh Rudrapatna, Craig W. Johnson Jan 2000

Java-Based World Wide Web Clinical Trial Data Management, Vinod Aggarwal, Venkatesh Rudrapatna, Craig W. Johnson

Faculty, Staff and Student Publications

No abstract provided.

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The Web-Based Interactive Family History Questionnaire, Rita Torkzadeh, Constance M. Johnson, Craig W. Johnson Jan 2000

The Web-Based Interactive Family History Questionnaire, Rita Torkzadeh, Constance M. Johnson, Craig W. Johnson

Faculty, Staff and Student Publications

No abstract provided.

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To Be Like Jesus: Dr. C. Mervyn Maxwell's Life Ambition: A Tribute To A Professor Emeritus, P. Gerard Damsteegt Jan 2000

To Be Like Jesus: Dr. C. Mervyn Maxwell's Life Ambition: A Tribute To A Professor Emeritus, P. Gerard Damsteegt

Journal of the Adventist Theological Society

No abstract provided.

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Sabbath And The New Covenant, Roy Gane Jan 2000

Sabbath And The New Covenant, Roy Gane

Journal of the Adventist Theological Society

No abstract provided.

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A Note On The Representation Of Environmental Risks In The News, Demond Shondell Miller Jan 2000

A Note On The Representation Of Environmental Risks In The News, Demond Shondell Miller

The Qualitative Report

This paper examines the role of the media in representing environmental risks to society, focusing on how environmental realities are constructed via the objectivist and subjective perspectives. This study explores the construction of reality centered on space exploration, namely, the Cassini space probe. In this study, 200 respondents were asked to read four news articles from various sources and comment on the information contained in the articles. Their comments addressed the extent to which the articles were useful in helping them assess their risk to potential plutonium exposure in the event of a launch disaster. A large majority of the …

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Strategies For Conversation And Systems Analysis In Requirements Gathering: A Qualitative View Of Analyst-Client Communication, Cathy Urquhart Jan 2000

Strategies For Conversation And Systems Analysis In Requirements Gathering: A Qualitative View Of Analyst-Client Communication, Cathy Urquhart

The Qualitative Report

This paper describes how strategies for conversation and systems analysis may operate in requirements gathering. The emergence of these concepts, whilst using grounded theory techniques to analyse a case study of analyst-client interaction is discussed. The topics of conversation in the case study are analysed and grouped into themes and examined with reference to strategies for conversation and systems analysis. Methodological issues that occur when undertaking qualitative analysis of discourse are also discussed. Finally, some implications for systems analysis practice are outlined.

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Job As Paradigm For The Eschaton, Lael O. Caesar Jan 2000

Job As Paradigm For The Eschaton, Lael O. Caesar

Journal of the Adventist Theological Society

No abstract provided.

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Shapes Of Ministry In The New Testament, P. Gerard Damsteegt Jan 2000

Shapes Of Ministry In The New Testament, P. Gerard Damsteegt

Faculty Publications

The chapter evaluates an interpretation of the New Testament ministry that argues that there was no specific local church organization spelled out in the Bible. The absence of organizational structure allows for the ordination of women in the local church and presents Junia as the first female apostle and Phoebe as a female minister. The evaluation presents the biblical structure of leadership and shows that through incorrect interpretation of the texts this view distorts the biblical view of local church leadership.

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1989 Revolutions In East-Central Europe : A Comparative Analysis, Ruth Rodda Jan 2000

1989 Revolutions In East-Central Europe : A Comparative Analysis, Ruth Rodda

School of Law, Humanities and Social Sciences Theses

There is a substantial amount of existing literature that focuses on the revolutionary events of 1989 in East-Central Europe. Yet, there are few comparisons which apply a comparative-historical approach to a small set of cases. A large body of existing literature provides the ideal situation for a comparative-historical study. This thesis will test the utility of applying a comparative-historical methodological approach to the events of 1989 in four countries in East-Central Europe. The four countries are paired into two cases. The case of Poland and Hungary is compared with the case of Bulgaria and Romania. A theoretical frame of reference …

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States Begin To Adopt Ucita–Model Legislation For Licensing, Anne Klinefelter Jan 2000

States Begin To Adopt Ucita–Model Legislation For Licensing, Anne Klinefelter

Faculty Publications

No abstract provided.

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The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein Jan 2000

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Articles

A long and distinguished line of law-and-economics articles has established that in many circumstances fully compensatory expectation damages are a desirable remedy for breach of contract because they induce both efficient performance and efficient breach. The expectation measure, which seeks to put the breached-against party in the position she would have been in had the contract been performed, has, therefore, rightly been chosen as the dominant contract default rule. It does a far better job of regulating breach-or-perform incentives than its leading competitors-the restitution measure, the reliance measure, and specific performance. This Essay does not directly take issue with the …

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The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry Jan 2000

The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry

Seattle University Law Review

This Article addresses a particular aspect of many kinds of professional practice: the rendering of advice to clients. Drawing on their knowledge and experience, professionals may recommend a certain course of action to their clients in the course of their practice. The client may then assess the recommendation and decide whether or not to act on it. This aspect of professional practice involves a speech-related activity, so government regulation might raise at least a colorable First Amendment issue. This Article also focuses on a particular aspect of the regulation of professional advice, namely, licensure. When professional advice rendering activities are …

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Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall Jan 2000

Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of …

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The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams Jan 2000

The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams

Seattle University Law Review

In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …

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Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton Jan 2000

Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton

Seattle University Law Review

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.

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