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2001

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International Graduate Student Expectations At Rit, Zeneida Granados Jan 2001

International Graduate Student Expectations At Rit, Zeneida Granados

Theses

Information is a key to seeing problems and experiences encountered by international graduate students while studying abroad. Consequent adaptations to new surroundings have been suggested from several perspectives. Services offered on-campus could help international graduate students to achieve their main goal: to be successful in their professional and social life. Success could commence from the initial contemplation or decision of studying abroad and might continue throughout their prolonged stay if continuous support was available from the staff and customized services in the college or university selected. Conducting sixteen face-to-face interviews (using open-ended questions) and two focus groups of four students …

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Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet Jan 2001

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet

Osgoode Hall Law Journal

No abstract provided.

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Lessons Learned By Opening And Operating An Independent Restaurant: A Case Study, Robert Geiger Jan 2001

Lessons Learned By Opening And Operating An Independent Restaurant: A Case Study, Robert Geiger

Theses

This case study looks at what it takes to create a start-up business in the restaurant industry; with the intention to find out what pitfalls and potential mistakes an individual should be aware of in order to have a successful operation. The details are based on the researchers' education, industry experience, and other people's research and knowledge that are found throughout the restaurant industry. This case study will help others understand what to expect when opening a new restaurant, and possibly some challenges that could be avoided when creating their own restaurant. There are lessons to be learned from this …

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Book Review: Making Disclosure: Ideas And Interests In Ontario Securities Regulation, By Mary Condon, Laureen Snider Jan 2001

Book Review: Making Disclosure: Ideas And Interests In Ontario Securities Regulation, By Mary Condon, Laureen Snider

Osgoode Hall Law Journal

No abstract provided.

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Temporal And Spatial Occurrence Of Thin Phytoplankton Layers In Relation To Physical Processes, Margaret M. Dekshenieks, Percy L. Donaghay, James M. Sullivan, Jan E. B. Rines, Thomas R. Osborn, Michael S. Twardowski Jan 2001

Temporal And Spatial Occurrence Of Thin Phytoplankton Layers In Relation To Physical Processes, Margaret M. Dekshenieks, Percy L. Donaghay, James M. Sullivan, Jan E. B. Rines, Thomas R. Osborn, Michael S. Twardowski

Graduate School of Oceanography Faculty Publications

In 1996 three cruises were conducted to simultaneously quantify the fine-scale optical and physical structure of the water column. Data from 120 profiles were used to investigate the temporal occurrence and spatial distribution of thin layers of phytoplankton as they relate to variations in physical processes. Thin layers ranged in thickness from a few centimeters to a few meters. They may extend horizontally for kilometers and persist for days. Thin layers are a recurring feature in the marine environment; they were observed and measured in 54% of our profiles. Physical processes are important in the temporal and spatial distribution of …

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Changes In Copepod Distributions Associated With Increased Turbulence From Wind Stress, L. S. Incze, David L. Hebert, N. Wolffe, N. Oakey, D. Dye Jan 2001

Changes In Copepod Distributions Associated With Increased Turbulence From Wind Stress, L. S. Incze, David L. Hebert, N. Wolffe, N. Oakey, D. Dye

Graduate School of Oceanography Faculty Publications

Vertical profiles of turbulent kinetic energy dissipation rate (ε), current velocity, temperature, salinity, chlorophyll fluorescence, and copepods were sampled for 4 d at an anchor station on the southern flank of Georges Bank when the water column was stratified in early June 1995. Copepodite stages of Temora spp., Oithona spp., Pseudocalanus spp., and Calanus finmarchicus, and all of their naupliar stages except for Temora spp., were found deeper in the water column when turbulent dissipation rates in the surface mixed layer increased in response to increasing wind stress. Taxa that initially occurred at the bottom of the surface mixed …

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European Union Legal Research: A Guide To Print And Electronic Sources, L. Kurt Adamson Jan 2001

European Union Legal Research: A Guide To Print And Electronic Sources, L. Kurt Adamson

Computer Law Review and Technology Journal

Legal practice today is a global activity. American lawyers need to find legal information efficiently, even when the information from jurisdictions far beyond the boundaries of their state or of the United States. Legal practice routinely involves international fields such as trade, business transactions, and taxation. The nations of Europe, especially those of the European Union ("EU"), are major trading partners of the United States and are the source of many legal transactions. This guide identifies the print and electronic sources that are most useful for finding relevant legal information from the EU.

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Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar Jan 2001

Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar

Articles

During contractual negotiations, parties often make reliance expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in precontractual reliance under alternative legal regimes. Investments in reliance will be socially suboptimal in the absence of any precontractual liability-and will be socially excessive under strict liability for all reliance expenditures. Given the results for these polar cases, we focus on exploring how "intermediate"-liability rules could be best designed to induce efficient reliance decisions. One of our results indicates that the case for liability is shown to be stronger when a party retracts from terms …

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Gang Aft Agley, Carl E. Schneider Jan 2001

Gang Aft Agley, Carl E. Schneider

Articles

In my last contribution to this column (HCR, July-August 2000), I argued that the law of bioethics has repeatedly failed to achieve the hopes cherished for it. I presented evidence, for example, that most doctors breach the duty of informed consent, that advance directives do not direct patients' care, and that repeated legal attempts to increase organ donation have failed to find the success predicted for them. I closed that column by promising to try to explain this chastening experience. It would, of course, take a lifetime of columns to capture all the reasons the law of bioethics …

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Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey Jan 2001

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

Articles

A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …

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The U.S. Treasury's Subpart F Report: Plus Ça Change, Plus C'Est La Même Chose?, Reuven S. Avi-Yonah Jan 2001

The U.S. Treasury's Subpart F Report: Plus Ça Change, Plus C'Est La Même Chose?, Reuven S. Avi-Yonah

Articles

On 29 December 2000, the U.S. Treasury Department released its long-awaited study of Subpart F, entitled “The Deferral of Income Earned through U.S. Controlled Foreign Corporations." This study was commenced in the aftermath of the controversy that ensued from the issuance and subsequent withdrawal of Notice 98-11. The study was originally expected to be issued in 1999 in response to the report published that year by the National Foreign Trade Council, which advocated significant changes in Subpart F. The Treasury Study’s delayed issuance at the end of the Clinton Administration means that it only has (at best) persuasive force for …

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The Liberal Commons, Hanoch Dagan, Michael A. Heller Jan 2001

The Liberal Commons, Hanoch Dagan, Michael A. Heller

Articles

Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline-there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to the same outcome. …

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The Ethics Of Jerusalem And The Morals Of Anthens: Assessing Hans Kung's Theological Ethics, Ken Brewer Jan 2001

The Ethics Of Jerusalem And The Morals Of Anthens: Assessing Hans Kung's Theological Ethics, Ken Brewer

The Asbury Journal

No abstract provided.

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Treating Tax Issues Through Trade Regimes (Symposium: International Tax Policy In The New Millennium), Reuven S. Avi-Yonah Jan 2001

Treating Tax Issues Through Trade Regimes (Symposium: International Tax Policy In The New Millennium), Reuven S. Avi-Yonah

Articles

Professor Paul R. McDaniel has performed an extremely valuable service in clarifying the relationship between trade and tax law. In particular, he has done so by pointing out that, to a large extent, the two spheres do not overlap, much less clash in their objectives. This makes sense because, fundamentally, the goal of trade law is to facilitate trade, while the goal of tax law is to raise revenue. Thus, for example, an ideal tariff under trade law is set at zero, but an ideal tax under tax law is set at some positive rate. It therefore should not be …

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Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker Jan 2001

Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker

Articles

Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5

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The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine Jan 2001

The Changing Role Of Labor Arbitration (Symposium: New Rules For A New Game: Regulating Employment Relationships In The 21st Century), Theodore J. St. Antoine

Articles

A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent close of what he described as labor arbitration's "golden age." I have expressed reservations about that characterization, insofar as it suggested an impending shrinkage in the stature of arbitration. But Professor Feller was right on target in one important respect. Labor arbitration was going to change dramatically from the autonomous institution in the relatively self-contained world of union-management relations which it had been from the end of World War II into the 1970s. When the subject matter was largely confined to union-employer agreements, arbitration …

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Good Faith And The Cooperative Antagonist (Symposium On Revised Article 1 And Proposed Revised Article 2 Of The Uniform Commercial Code), James J. White Jan 2001

Good Faith And The Cooperative Antagonist (Symposium On Revised Article 1 And Proposed Revised Article 2 Of The Uniform Commercial Code), James J. White

Articles

One of Karl Llewellyn's most noted achievements in the Uniform Commercial Code was to impose the duty of good faith on every obligation under the Uniform Commercial Code.1 Some (I am one) have privately thought that imposition of this unmeasurable, undefinable duty was Llewellyn's cruelest trick, but no court, nor any academic writer, has ever been so bold or so gauche as to suggest that good faith should not attend the obligations of parties under the UCC. Notwithstanding this silent indorsement of the duty of good faith, the courts2 and commentators3 have had difficulty in determining what is and what …

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Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar Jan 2001

Miranda Thirty-Five Years Later: A Close Look At The Majority And Dissenting Opinions In Dickerson, Yale Kamisar

Articles

Over the years, Miranda v. Arizona1 has been criticized both for going too far2 and for not going far enough.3 Nevertheless, on the basis of talks with many criminal procedure professors in the sixteen months between the time a panel of the Fourth Circuit upheld a statute (18 U.S.C. § 3501) purporting to "overrule" Miranda and a 7-2 majority of the Supreme Court overturned that ruling in the case of Dickerson v. United States,4 I am convinced that most criminal procedure professors wanted the Supreme Court to do what it did-"reaffirm" Miranda. This is not surprising. As Professor Grano once …

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Project Management: A Handbook Of Fundamentals For The Packaging Student And Professional With A Review Of Current Literature, Kenneth Fischer Jan 2001

Project Management: A Handbook Of Fundamentals For The Packaging Student And Professional With A Review Of Current Literature, Kenneth Fischer

Theses

This thesis seeks to introduce the basic concepts and techniques of project management to packaging students and professionals. After reviewing these fundamentals, packaging students and professionals should be able to facilitate successful project management in the work place: Develop an appropriate project plan for specific objectives Understand the scheduling techniques such as work breakdown structure, Gantt Charting, PERT Charting, Network Diagramming, Assign resources and manage the project team Interpret and optimize a project plan or schedule Identify and manage project dependencies Communicate project status information appropriately and effectively Determine the impact of potential problems and make appropriate decisions for project …

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Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger Jan 2001

Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger

Articles

Reasonable care is, of course, a concept central to any torts class. But what is it? One very standard doctrinal move is to conceptualize reasonable care as that care shown by a "reasonable person" under like circumstances. The next step, logically, is to visualize this reasonable person. Visualization requires some important choices. For example, is the reasonable person old or young? Disabled or not? These are two questions that all the casebooks I have consulted discuss. But, oddly, no casebook of which I am aware deals with the trait that nearly invariably figures in our description of people: sex. If …

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Learning Recursive Functions Refutably, Sanjay Jain, Efim Kinber, Rolf Wiehagen, Thomas Zeugmann Jan 2001

Learning Recursive Functions Refutably, Sanjay Jain, Efim Kinber, Rolf Wiehagen, Thomas Zeugmann

School of Computer Science & Engineering Faculty Publications

Learning of recursive functions refutably means that for every recursive function, the learning machine has either to learn this function or to refute it, i.e., to signal that it is not able to learn it. Three modi of making precise the notion of refuting are considered. We show that the corresponding types of learning refutably are of strictly increasing power, where already the most stringent of them turns out to be of remarkable topological and algorithmical richness. All these types are closed under union, though in different strengths. Also, these types are shown to be different with respect to their …

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Time To Say Good-Bye To Madonna's American Pie: Why Mechanical Compulsory Licensing Should Be Put To Rest, Theresa M. Bevilacqua Jan 2001

Time To Say Good-Bye To Madonna's American Pie: Why Mechanical Compulsory Licensing Should Be Put To Rest, Theresa M. Bevilacqua

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Does Ethics Make Good Law? A Case Study, Jeff Storey Jan 2001

Does Ethics Make Good Law? A Case Study, Jeff Storey

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky Jan 2001

Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky

Cardozo Journal of Equal Rights & Social Justice

The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.

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In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim Jan 2001

In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that traditional incarceration of mothers can have detrimental effects on both the women and their children, advocating for alternative correctional methods such as in-prison day care programs. These alternatives aim to maintain the mother-child bond, reduce recidivism, and mitigate the negative societal impacts of separating mothers from their children.

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Malcolm Maclean, Jr.: Ahead Of His Time And Ahead Of Our Time, Will Norton Jan 2001

Malcolm Maclean, Jr.: Ahead Of His Time And Ahead Of Our Time, Will Norton

College of Journalism and Mass Communications: Faculty Publications

In a recent essay Stephen Reese (1999, 70), chair of the Department of Journalism at the University of Texas, assessed the media today and analyzed the condition of journalism education and concluded that foundations and media corporations are having more influence on journalism programs than at any time in the history of journalism education. As I read the essay by Reese, I noted many observations that Malcolm MacLean made three decades ago, but nowhere was MacLean cited. In fact, I do not believe Reese could have described the influence of media as a new problem if he had known about …

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2001-2002 Lindenwood University Graduate Course Catalog, Lindenwood University Jan 2001

2001-2002 Lindenwood University Graduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Graduate Course Catalog

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Hysteresis During Cycling Of Nickel Hydroxide Active Material, Venkat Srinivasan, John W. Weidner, John Newman Jan 2001

Hysteresis During Cycling Of Nickel Hydroxide Active Material, Venkat Srinivasan, John W. Weidner, John Newman

Faculty Publications

The nickel hydroxide electrode is known to exhibit a stable hysteresis loop, with the potential on charge being higher than that on discharge at every state-of-charge (SOC). What we show here is that this loop created during a complete charge and discharge (i.e., boundary curves) is not sufficient to define the state of the system. Rather, internal paths within the boundary curves (i.e., scanning curves) can be generated that access potentials between the boundary curves. The potential obtained at any SOC, as well as how the material charges and discharges from that point, depends on the …

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Federal Preemption And Vacatur: The Bookend Issues Under The Revised Uniform Arbitration Act, Stephen L. Hayford Jan 2001

Federal Preemption And Vacatur: The Bookend Issues Under The Revised Uniform Arbitration Act, Stephen L. Hayford

Journal of Dispute Resolution

As one of the two Academic Advisors to the Drafting Committee appointed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") to revise the Uniform Arbitration Act, I was assigned primary responsibility for the two most important issues pertinent to the Drafting Committee's framing of the Revised Uniform Arbitration Act ("RUAA"). The first-the issue of federal preemption-set the baseline for the scope and character of the RUAA by defining for the Drafting Committee the areas of the substantive law of arbitration in which the states are free to regulate, the Federal Arbitration Act ("FAA") notwithstanding. The second-the issue …

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Mandatory Arbitration Of An Employee's Statutory Rights: Still A Controversial Issue Or Are We Beating The Proverbial Dead Horse - Penn V. Ryan's Family Steakhouse, Inc., Andrea L. Myers Jan 2001

Mandatory Arbitration Of An Employee's Statutory Rights: Still A Controversial Issue Or Are We Beating The Proverbial Dead Horse - Penn V. Ryan's Family Steakhouse, Inc., Andrea L. Myers

Journal of Dispute Resolution

Since the early 1980s, the Supreme Court has espoused a strong preference for arbitration in the employment setting. Despite this general preference, the Supreme Court has never clearly stated that mandatory arbitration of statutory rights is always reasonable. This omission has led to much controversy about whether this preference permits the mandatory arbitration of all statutory rights or only those that are amenable to arbitration as defined by the Supreme Court.

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