Digital Commons Network^™

Corporate Governance In A Global Environment: The Search For The Best Of All Worlds, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

This Article reflects on the various visions of corporate governance. Initially, the Article reviews the contractarian and communitarian theories of the corporation. The communitarian theory views the corporation as a separate entity, with social responsibilities not only to the shareholders but to the firm's other stakeholders and society at large. On the other hand, the contractarian approach considers the firm's shareholders as the primary constituency to whom management is accountable. Voluntary contracting and market forces align the interests of management and shareholders. The Article next analyzes salient features of corporate governance in the United States, Japan, and Germany. The United …

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

Development Of Nuclear Dna Markers To Detect Hybridization And Assess Phylogenetic Relationships Among Subspecies Of Rainbow Trout ( Oncorhynchus Mykiss) And Cutthroat Trout (Oncorhynchus Clarki), J.W. Pearce Smithwick

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Not-For-Profit Organizations With Conforming Changes As Of May 1, 2000; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Not-For-Profit Organizations Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Lady Griz Volleyball Media Guide, 2000, University Of Montana—Missoula. Athletics Department

Lady Griz Volleyball Media Guides, 1979-2008

Media guide created about the Lady Griz volleyball team.

Arts Calendar, Winter-Spring 2000, University Of Montana--Missoula. School Of Fine Arts

Arts Events Calendar, 1962-2018

Calendar of arts events for winter and spring 2000 at the University of Montana’s School of Fine Arts.

Polish Communications Law: Telecommunications Takes Off In Transition Countries But At What Price Are They Becoming Wired?, Jennifer L. Feltham

Vanderbilt Journal of Transnational Law

Internationally, the urge to expand and improve telecommunications services is spreading. Transition countries, attempting the leap from Third World status to becoming world leaders, have caught the fever and have attempted to reform their regulations governing telecommunications. In large part these laws have induced slow liberalization of the communications sector with an intrusive regulatory agency guarding every step taken towards privatization. The World Trade Organization's General Agreement on Trade in Services (GATS) encourages transition countries to use privatization as a way to increase funding for communications equipment. Many transition countries signed the GATS agreement in the hope of attracting international …

The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A new International Criminal Court (ICC) was created on July 17, 1998 under the Rome Statute adopted by the United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court. Under the Statute, the ICC will have jurisdiction over crimes of genocide, certain crimes against humanity, and certain war crimes, leaving the crime of aggression for further definition.

Nonetheless, there are certain preconditions to the exercise of such jurisdictional competence, as noted especially in Articles 12-14 of the Statute. In general, the Court can exercise jurisdiction if a "situation" or case (1) is referred to the Prosecutor …

Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent

Vanderbilt Journal of Transnational Law

This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …

Commercial Norms, Commercial Codes, And International Commercial Arbitration, Christopher R. Drahozal

Vanderbilt Journal of Transnational Law

This Article examines whether the incorporation of commercial norms into commercial codes is an appropriate law-making strategy. Most commercial codes, including the Uniform Commercial Code, regard common business practices as an important source for courts to consider when resolving contract disputes. Yet some scholars criticize this incorporation strategy, arguing that reliance on commercial norms is often inappropriate and may distort the true nature of the parties' agreement. Reliance on commercial norms does restrict the ability of contracting parties to allocate part of their agreement to extra-legal means of enforcement. Nevertheless, this Article asserts that those costs may be outweighed by …

A Technological Dream Turned Legal Nightmare, Brandon E. Ehrhart

Vanderbilt Journal of Transnational Law

The U.S. Global Positioning System (GPS) provides precise positioning information to anyone in the world, regardless of nationality, as long as they have access to an inexpensive receiver. However, in managing and providing the GPS for no charge, the United States may have opened itself to worldwide tort exposure. This Note analyzes U.S. liability for negligently operating the GPS under the Federal Tort Claims Act (FTCA) in four categories.

First, this Note examines the transformation of the GPS from its domestic military beginnings to its current role as the foremost radionavigation technique in history and as a vital tool to …

Unlabel Their Frankenstein Foods!: Evaluating A U.S. Challenge To The European Commission's Labeling Requirements, John S. Fredland

Vanderbilt Journal of Transnational Law

The recent development of genetically-modified agriculture has been accepted enthusiastically by the U.S. agricultural producers, but the European public has expressed fear that the so-called "Frankenstein Foods" may be harmful to health and the environment. Faced with this public outcry, the European Commission. passed regulations, which mandated that food products containing genetically-modified agricultural products be labeled as such. Although the European Commission appears to have passed its labeling requirements without express or hidden protective intent, the regulations stand to make U.S. producers less competitive in the European market than their European counterparts. This Note contends that the United States should …

Negotiation And Native Title: Why Common Law Courts Are Not Proper Fora For Determining Native Land Title Issues, Geoffrey R. Schiveley

Vanderbilt Journal of Transnational Law

The displacement of indigenous populations is an obvious but often-overlooked consequence of worldwide European colonization. Until relatively recently, the rights of these groups have consistently been held to lower standards of protection than those of their colonizing counterparts, partly through the use of doctrines such as terra nullius. While earlier decades established the groundwork for recognition of these rights, in the 1990s native rights issues became of greater importance to both the international community and individual nations. Some of this heightened interest can be attributed to a series of high-profile common law court cases that provided native populations with favorable …

Revising Shonenho: A Call To A Reform That Makes The Already Effective Japanese Juvenile System Even More Effective, Masami I. Tyson

Vanderbilt Journal of Transnational Law

Shonenho, the Japanese Juvenile Law, is based on ideas of protection, love, and tolerance towards the juvenile offender. Its main purpose is to protect him from the stigma of the crime or delinquent act that he has committed, as well as from the environment in which he was when he committed the crime or delinquent act. Punishment does not have a role within the Japanese juvenile system. Rather, Shonenho strives to reform the juvenile so that he can return to society as a fully functional member within a relatively short period of time. Looking at the low juvenile criminal and …

Who Asked You?: The Appropriateness Of U.S. Leadership In Promoting Religious Freedom Worldwide, Nichol J. Starr

Vanderbilt Journal of Transnational Law

Government endorsed and government imposed religious persecution is a growing phenomenon worldwide. From Central America to the Far East, people are arrested, tortured, and even killed for having and expressing their faith, despite the existence of universal covenants expressing acceptance of religious differences as among the most basic of human rights. Seeing the apparent futility of U.N. and other international efforts to curb such persecution, the U.S. Congress in 1998 passed the International Religious Freedom Act. Faith-based religious persecution--and the United States' role in combating it--first took center stage in American politics during the IRFA's passage, and most recently has …

Combating Copyright Infringement In Russia: A Comprehensive Approach For Western Plaintiffs, David E. Miller

Vanderbilt Journal of Transnational Law

This Article addresses several measures that U.S. and European firms can undertake to combat copyright infringing activities in Russia. First, the Article attempts to dispel the notion that Russian law and the Russian government are inadequate to deal with copyright and piracy problems. In fact, recent surveys suggest that foreign plaintffs have achieved some success in arbitrazh courts. Furthermore, Russian authorities have begun to take steps to ensure that these decisions will be enforced.

Second, the Author suggests that the United States and European nations can apply pressure on the Russian Federation to ensure compliance with copyright laws in the …

Setting Arbitrators' Fees: An International Survey, John Y. Gotanda

Vanderbilt Journal of Transnational Law

This Article examines the compensation policies of international arbitrators. Specifically, the Article details the results of a survey of individuals who practice in the area of international arbitration.

Initially, the Article describes the different methods of calculating the fees of the arbitral tribunal, discussing the relative advantages and disadvantages of each method. The study concludes that most arbitrators calculate their fees using a time-based method, except when the arbitral institution requires that their fees be determined under the ad valorem method.

Next, the Article examines arbitrators' policies regarding cancellation and commitment fees. Survey results highlighted confusion about whether arbitrators were …

Not Twice For The Same: How The Dual Sovereignty Doctrine Is Used To Circumvent "Non Bis In Idem", Dax E. Lopez

Vanderbilt Journal of Transnational Law

Today, it is quite possible for a criminal defendant who has violated the laws of several countries with one criminal act to be subject to multiple prosecutions. In situations where two countries share concurrent criminal jurisdiction, it is unclear whether the defendant would be able to rely on some level of double jeopardy protection. International law currently does not obligate a sovereign state to recognize another state's penal judgments, thus allowing states to prosecute a defendant regardless of any legal action that may have been previously taken against the defendant. Several countries, however, have chosen to provide defendants with at …

Final Exit: Should The Double Effect Rule Regarding The Legality Of Euthanasia In The United Kingdom Be Laid To Rest?, Brendan A. Thompson

Vanderbilt Journal of Transnational Law

This Note explores the double effect rule that currently governs physician-assisted suicide cases in the United Kingdom. Recent events in the British medical and legal community have raised serious questions about the rule's adequacy, and have arguably created an environment in which Parliament must reexamine the validity of both the double effect rule and the laws governing active euthanasia.

After providing some historical background regarding the origins and development of the double effect rule, this Note surveys recent developments such as changing attitudes towards euthanasia and the public reaction to the Moor verdict, both of which have created an environment …

Information Warfare And Neutrality, George K. Walker

Vanderbilt Journal of Transnational Law

This Article examines Information Warfare--that is, actions taken to affect adversary information and information systems conducted during a crisis or conflict to achieve or promote specific objectives against the adversary. The Article begins with an explanation of the development and structure of the Internet. It then cites examples of the use of information strategies in recent conflicts.

Next, the Article turns to a discussion of the principles of neutrality in the U.N. Charter era. Specifically, the Article examines neutrality in the context of land warfare, naval warfare, aerial warfare, and outer space. Next, the Author discusses application of principles from …

European Integration: Past, Present, And Future, Martin A. Rogoff

Vanderbilt Journal of Transnational Law

From its inception in the 1950s until the early 1990s, the European Union (EU) was largely the creation of politicians, jurists, and technical experts. Its effective sphere of operations was confined for the most part to economic matters. The Single European Act, which entered into force in 1987 and called for the completion of the economic integration project by 1992, marked the end of what might be termed the first, or economic, phase of European integration. With the entry into force of the Treaty on European Union (Treaty of Maastricht) in 1993, a second, or political, phase of European integration …

1999 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 1999., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

Brenner Article Theory, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes.

• Shaikh, A., PhD. (n.d.). Handwritten notes on Brenner on FROP and the real profit–output ratio [Unpublished handwritten notes].

• Shaikh, A., PhD. (n.d.). Printed graphs including output/capital and profit rates for Japan, the United States, and Germany, and bank failures in the United States [Unpublished printed graphs].

• Michl, T. R. (n.d.). Curriculum vitae [Unpublished curriculum vitae].

• Shaikh, A., PhD. (1999, October 8). File directory: GF computer prior to Windows NT upgrade [Unpublished printed file directory listing].

• Shaikh, A., PhD. (n.d.). Handwritten notes for an AEA presentation titled “I: what is Brenner’s argument” [Unpublished …

Using Tort Settlements To Cartelize, Ian Ayres

Valparaiso University Law Review

No abstract provided.

Formalism And Realism In Commerce Clause Jurisprudence, Barry Cushman

Journal Articles

This Article attempts a reconceptualization of developments in Commerce Clause jurisprudence between the Civil War and World War II by identifying ways in which that jurisprudence was structurally related to and accordingly deeply influenced by the categories of substantive due process and dormant Commerce Clause doctrine. Antecedent dormant Commerce Clause jurisprudence set the terms within which Commerce Clause doctrine was worked out; coordinate developments in substantive due process doctrine set limits upon the scope of Commerce Clause formulations and thus played a critical and underappreciated role in maintaining the federal equilibrium. The subsequent erosion of those due process limitations vastly …

Hygiene And "The Indian Problem": Ethnicity And Medicine In Bolivia, 1910-1920, Ann Zulawski

Latin American and Latino/a Studies: Faculty Publications

In the first decades of the twentieth century, Bolivian intellectuals and politicians debated how the country's Indian population should be incorporated into social and political life as the nation became increasingly integrated internally and forged stronger links to the world market. Public health was central to this discussion because of elite fears of contagion due to greater contact between Indians and non-Indians and the realization that if Indians were to be productive members of society, then their physical well-being had to be considered. This study examines the proposals of two Bolivian doctors, Jaime Mendoza and Nestor Morales, for improving the …

Are We Understating The Impact Of Economic Conditions On Welfare Rolls?, Dan A. Black, Terra G. Mckinnish, Seth G. Sanders

Center for Policy Research

In this brief we argue that welfare participation is more sensitive to economic conditions than previously believed. Why? Prior research focused on short-term economic fluctuations and ignored differences between high- and low-skilled workers. As welfare is long-term (i.e., permanent) it makes more sense to make comparisons with long-term economic trends. Also, since low-skilled workers are more likely to end up on welfare, it is proper to focus on their economic opportunities. Thus, we focus on the long-term impact of economic conditions on welfare participation, and we concentrate our analysis on low-skilled workers. Specifically, we analyze long-term changes in the supply …

Press Release - 2000-2001 June S. Stillman And Lois Holt Scholarship Winners, Ucf Libraries

Libraries' Documents

Press Release announcing the winner of the 2000-01 June S. Stillman Memorial Endowed Scholarship, Sarah B. Patton, and Lois Holt Scholarship, Erin Zink.

Asia-Pacific Security: China's Conditional Multilateralism And Great Power Entente, Jing-Dong Yuan Dr.

Books, Monographs & Collaborative Studies

According to Dr. Jing-dong Yuan, China now recognizes that multilateral engagement is unavoidable and indeed can be useful in advancing China's interests. China's embrace of multilateralism, however, varies depending upon the particular forum and specific issue. Furthermore, Dr. Yuan contends China remains leery of entering into arrangements that might constrain its independence and flexibility. This change in China's attitude toward multilateralism is a significant one that has important implications for U.S. national security strategy and for U.S. interests in the Asia-Pacific.

Copyright Law In The Digital Age: Malum In Se And Malum Prohititum, Sheldon W. Halpern

The Honorable Helen Wilson Nies Memorial Lecture

The scale of copyright piracy has changed, allowing creative works to be distributed globally with a click of a mouse. People's attitudes towards infringing on someone else's protected work have changed as well due to the simplicity and speed of the digital infringing process. Prof Halpern discusses how one can tailor copyright law to accommodate technological changes. He discusses how an act of infringement needs to be defined as malum in se rather than malum prohibitum in order for infringement to be taken seriously and suggests that a radically different approach to some of the fundamental principles governing copyright law …