Digital Commons Network^™

A Study Of The Relationship Among Long-Term Independent School Heads In Terms Of Their Personality Types And Leadership Styles, Chad B. Small

Seton Hall University Dissertations and Theses (ETDs)

.

Red Light, Green Light: Has China Achieved Its Goals Through The 2000 Internet Regulations?, Clara Liang

Vanderbilt Journal of Transnational Law

In the mid-1990s, when the Internet began to burgeon in China, many thought that the rule of the Chinese Communist Party (CCP) would finally come to an end. The combination of foreign capital and trans-border information exchange promised a potential influx of democratic ideas and ideals. The CCP responded with both physical and regulatory limits on the use of the Internet by the Chinese people. Some commentators characterized these limits as feeble attempts by the CCP to control a nebulous medium. Others viewed the limits as ineffective steps by the government to become a highly developed authoritarian state.

This Note …

Post Doi Moi Urban Higher Education In The Socialist Republic Of Vietnam: The Case Of Hong Duc University, Jeanne Beth Natali

Theses and Dissertations in Urban Services - Urban Education

The Socialist Republic of Vietnam is experiencing unprecedented peace and prosperity. Although Vietnam's war-damaged economy continued to decline for ten years after hostilities ended in 1975, everything changed in 1986 when doi moi, a moderate economic reform program, was introduced. Doi moi put enormous stress on higher education, whose function in the past had been to train workers for the state sector. Suddenly, higher education had to respond to the changing needs of Vietnamese society.

A 1992 educational sector study found that higher education was irrelevant to the needs of the transitional Vietnamese society. Universities were too small and …

Lessons From An Inventory Of The Ames, Iowa, Flora (1859-2000), William R. Norris, Deborah Q. Lewis, Mark P. Widrlechner, Jimmie D. Thompson, Richard O. Pope

Journal of the Iowa Academy of Science: JIAS

A botanical survey of the vascular flora of the "planning and zoning jurisdiction" of the city of Ames, Iowa (i.e., the area within a boundary 3.2 km beyond the current city limits) was compiled from 1990 to 2000. During this survey, 916 taxa (71 % native) were encountered within chis boundary. Literature reviews and a survey of Iowa State University's Ada Hayden Herbarium for specimens that had been collected in Ames since 1859 add 204 taxa to the flora. This total of 1,120 taxa exceeds the number of taxa known from any comparable area (including counties) in Iowa. We produced …

Duane Isely (1918-2000): A Tribute, Stanley L. Welsh, Deborah Q. Lewis

Journal of the Iowa Academy of Science: JIAS

Duane Isely, Distinguished Professor Emeritus, Department of Botany, Iowa State University, Ames, Iowa, died on 6 December 2000. Dr. Isely was an outstanding plant taxonomist with expertise in other fields as well, especially in seed technology and weed identification and control. He was born in Bentonville, Arkansas, on 24 October 1918 into a family of academicians. His father, Dwight Isely, was professor and later Dean of Agriculture at the University of Arkansas, and his mother, Blessie Elise Dort Isely, also taught at the University of Arkansas and eventually received her Ph.D.

Anomalous Credibility: Ralph Waldo Emerson And His Ohio Lyceum Audience, Richard Mcgrath

Iowa Journal of Communication

This study adopts a functional approach to source credibility in order to illustrate the situation dependent quality of communicator acceptability and test the utility of Cronkhite and Liska'a GOALS/GRASP schema for assessing public address. The essay demonstrates that rhetorical critics may benefit from using this model as a method for explaining speaker credibility.

A Perspective For Teaching Communication Ethics, Marvin D. Jensen

Iowa Journal of Communication

A course in communication ethics needs to be grounded in a larger perspective or context. While students are always free to agree or disagree with such a perspective, they should at least be offered a philosophy within which to judge particular communication acts. This paper suggests an ethical perspective which is based on a closer look at kindness.

Public Relations And Branding On The Web, Gayle M. Pohl

Iowa Journal of Communication

David Snyder, a trend analyst and Life Styles Editor of the Futurist states sales via the Internet totaled $6 billion in 1998 and could reach $300 billion by 2002. He says the use of the Internet is doubling every 100 days and people are getting more comfortable conducting transactions over the use of branding to make products and services and images stand out. A strong brand can transcend the product by tapping into consumer needs. In fact, organizations would be wise to think in terms of global brands to take advantage of economies of scale. This article addresses the issue …

Content Versus Delivery In Public Speaking Instructions, Paul J. Siddens Iii

Iowa Journal of Communication

When teaching public speaking, instructors are faced with the challenge of teaching their students about issues related to both the content of the speech (e.g.: the introduction and conclusion, organization, supporting evidence, etc.), and issues related to physical and vocal delivery (e.g.: appearance, gestures, eye contact, volume, rate, vocal variety, etc.). In public speaking courses, we usually have the opportunity to teach our students about these topics in classroom lectures and discussion, and to further explore these issues in oral and written critiques that we provide our students in classes in which they actually perform speeches. This pilot study continues …

The Frontier To Innerspace: Arguments Against A Mass-Mediated Culture In The Truman Show, Kimberly A. Powell

Iowa Journal of Communication

The 1998 film, The Truman Show, is a carefully executed lie that plays on our sense of media manipulation. The central argument within The Truman Show is that of the phoniness of our culture, thus questioning what is right, wrong, truth and lie. This essay examines the development of an anti-media saturation argument through Birth, Family and Resurrection metaphors by following the lead character, Truman Burbank, as he discovers a new frontier of innerspace. Because values are central to analyzing the frontier myth in film, this essay employs Frentz and Rushing's (1978) Social Value Model to discover how lead …

Palestinian Private Property Rights In Israel And The Occupied Territories, Stacy Howlett

Vanderbilt Journal of Transnational Law

As the birth pangs of an emerging Palestinian state rage on, one question bars settlement, reconciliation, and peace: who is entitled to the land? On a macrocosmic level, this question has and will be answered through diplomatic negotiations, political pressure, and violence. The microcosmic question of the disposition of private property, however, must be taken into consideration before any lasting peace agreement can be reached.

The rights and interests of Palestinian refugees and Israeli settlers with respect to the land they have an interest in must be balanced with national needs for territorial continuity and peace. By tracing the transfer …

U.K. Charity Law: Is It Creating A True Democracy Of Giving?, James R. Michels

Vanderbilt Journal of Transnational Law

In November 1999, the British government announced important legislative reforms affecting the various methods of providing charitable contributions. The government expressed its desire to create a "democracy of giving" by expanding tax relief for charitable donations. These changes took effect in April 2000.

This note argues that the recent legislation reforms, while a step in the right direction, do not create a true "democracy of giving." In arriving at this conclusion, the note will outline the evolution of British tax law related to individual charitable donations. The note will also explore the problems experienced by the charitable sector that prompted …

The Rule Of Law In China, Eric W. Orts

Vanderbilt Journal of Transnational Law

This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part II considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in Chinese Communism. It also reviews efforts that the People's Republic of China has made in recent decades to strengthen its legal institutions. Part III begins with a discussion of the Western jurisprudential idea of the rule of law and suggests a distinction between two basic understandings: (1) rule by law as an …

2001 Break Through, Northern University High School

Malcolm Price Laboratory School Yearbooks

The student yearbook of the Northern University High School, part of the Malcolm Price Laboratory School of the University of Northern Iowa.

An Institutional Analysis Of Consumer Law, A. B. Overby

Vanderbilt Journal of Transnational Law

This Article explores the revival of interest in consumer protection in the United States, and the impact of this revival on the consumer movement. The Author examines the influence that political organizations and institutions have upon the final shape and content of consumer law in the United States and European Union. The Article begins with a general introduction to institutional theory across academic disciplines and to the institutional environment and arrangements in which consumer lawmaking proceeds in the United States and Europe. Next, the Article assesses consumer initiatives in the United States and the European Union, focusing on deceptive advertising, …

The Validation Of A Detailed Strategic Planning Process Model For The Implementation Of Distance Education In Higher Education, Kenneth Phillip Pisel Jr.

Theses and Dissertations in Urban Services - Urban Education

The purpose of this study was to develop, refine, and validate a model of the strategic planning process for distance education. To achieve this end, the informed opinion from a population of peer-nominated experts was solicited over three rounds of iterative Delphi questionnaires administered via electronic mail. Using descriptive statistics to analyze central tendency and variation, the straw model was refined into a validated model by the final Delphi round. In developing this model, the study answered specific questions about the following: (1) The impact of volatile technological change on a strategic distance education plan. (2) The optimum size and …

Understanding The Digital Divide As It Relates To Electronic Commerce, Franklin D. Gaillard

Theses and Dissertations in Business Administration

There exists an electronic digital divide within the United States. This digital divide concerns access to the Internet and its corresponding technologies. The U.S. government is concerned about the digital divide because it appears that certain ethnic groups and income levels are being excluded from computer technologies and the Internet. These groups include African Americans and Hispanics, who are lagging the Caucasians significantly in gaining access to the Internet. For a while the gap between majority and minority groups appeared to be widening. Since Internet access is a prerequisite to electronic commerce, an understanding of the relationship between the digital …

A Brave New Lochner Era? The Constitutionality Of Nafta Chapter 11, Steve Louthan

Vanderbilt Journal of Transnational Law

In the eight years since its adoption, NAFTA Chapter 11 has escaped significant scrutiny from academics and journalists alike. However, with the recent filing of several Chapter 11 expropriation claims involving U.S. states, Chapter 11 has begun to gain some notoriety in the press and sparked at least two legal symposia this past year.

This Note begins by highlighting the recent Methanex Chapter 11 claim involving the State of California. Methanex, a Canadian chemical manufacturer and importer, claimed $1.6 billion in damages over California's ban of the chemical MTBE. Despite the EPA'S classification of MTBE as a possible carcinogen and …

A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin

Vanderbilt Journal of Transnational Law

This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.

The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …

The Developing World In The New Millennium: International Finance, Development, And Beyond, Rurnu Sarkar

Vanderbilt Journal of Transnational Law

Former Treasury Secretary Lawrence Summers once commented that the end of the Cold War was the second most interesting story of the past two decades. According to him, the most compelling story during that time was the emergence of global capital markets.' This viewpoint heralds a subtle sea change that signals the beginning of a newly formed international consensus. Making a successful transition from being a "developing nation" to being an "emerging capital market" is now the most serious challenge facing the developing world today.

Trade relations and capital investments are now being rationalized in a new international economic order …

The Atypical International Status Of The Holy See, Matthew N. Bathon

Vanderbilt Journal of Transnational Law

The Holy See, as personified by the Pope of the Roman Catholic Church, has acquired significant international status over the centuries. In modern times it has not always been clear whether this status arises from the Holy See's status as head of the Church or as ruler of the tiny State of Vatican City. Some view the Holy See's unique international status as an exception to the general rule that only states participate in international affairs. The Holy See has acquired such recognition and authority primarily because of its long-standing involvement in world affairs over the last thousand years. Others …

The Grass Will Not Be Trampled Because The Tigers Need Not Fight, Markus G. Puder

Vanderbilt Journal of Transnational Law

This Article examines the relationship between the Federal Republic of Germany and the German Democratic Republic, and explores whether the German experience may contain lessons for the relations between the People's Republic of China and Taiwan. The Author's analysis of the German situation begins with a discussion of the relations between the separate German states, with a particular emphasis on how that relationship was shaped by the Basic Treaty. That document provided for the promotion of peaceful relations, recognition of independence and sovereignty of each nation, as well as a normalization of the diplomatic relations. After ratification, the Bavarian State …

Ten Years Of Basic Law Amendments: Developing A Constitutional Model Of German Unification, Mathew W. Pile

Vanderbilt Journal of Transnational Law

On October 3, 1990, West and East Germany officially united. Although several unification methods were possible, the unification occurred by East Germany acceding to the West German Constitution--the Basic Law--through a series of treaties. This "treaty route" to unification necessarily required amendments to the Basic Law.

The primary unification instrument, the Treaty on the Establishment of German Unity, detailed the Basic Law amendments that were immediately essential to effectuating unification. The treaty, however, also contemplated additional Basic Law amendments arising from the consequences of unification. In fact, in the ten years following German unification, the German legislature passed six Basic …

Japanese Intellectual Property Law In Translation: Representative Cases And Commentary, Kenneth L. Port

Vanderbilt Journal of Transnational Law

Like much of Japanese law, Japanese intellectual property law is often criticized as being inaccessible. This inaccessibility has contributed to the misperception that Japanese case law regarding intellectual property does not exist. Even if it exists, the perception goes, it takes forever to track down and it is nearly irrelevant.

This Commentary, in a very modest way, is aimed at debunking the myth that Japanese case law regarding intellectual property is either non-existent or less meaningful than its U.S. counterpart. This Commentary consists of five translations of recent, significant intellectual property cases, as well as commentary regarding the relevance and …

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

Foreword--A Symposium, L. Harold Levinson

Vanderbilt Journal of Transnational Law

We all owe a debt of gratitude to my colleagues, Professors Hal Maier and Jon Charney. Professor Maier founded the Vanderbilt Journal of Transnational Law as part of the law school's transnational law program. The first volume of the Journal was published, under his careful supervision, thirty-four years ago. His efforts, along with those of Professor Charney, enabled the Journal and the program to flourish. Their success in developing a publication and a program of the highest quality is demonstrated by the outstanding qualifications of the speakers at this Symposium. Thanks are due also to the student editors who organized …

Innocents Abroad: Opportunities And Challenges For The International Legal Adviser, Wayne J. Carroll

Vanderbilt Journal of Transnational Law

This Article argues that some regulatory authorities have not successfully adapted to the internationalization of the practice of law. First, the Author attempts to define the terms "international legal adviser" and "international legal advice." Next, the Author compares the existing barriers to practice in the United States and the European Union. The Author goes on to outline recent challenges and changes to these barriers to practice, including international efforts such as the WTO and the IBA and local rules in the United States and the European Union. The Author then analyzes the adequacy of existing regulatory regimes with regard to …

Comments Of A Commissioner, Peter D. Ehrenhaft

Vanderbilt Journal of Transnational Law

These comments are solely the views of Peter D. Ehrenhaft, one of the twelve members of the ABA Commission on Multijurisdictional Practice. They are not the official views of the Commission and, indeed, may be modified by the presenter based on the further information the Commission is now gathering from interested parties. These comments are intended to stimulate thought and discussion of the issues and to encourage all sectors of the profession to submit their views to the Commission. The final deadline for the submission of written materials for the Commission's consideration in the preparation of its Initial Draft Report …

Symposium Address: The Role Of Lawyers In The Wto, James Bacchus

Vanderbilt Journal of Transnational Law

A final point I would make to students who are here today and about to go out into the legal world would be this: I have noticed that what I do is a bit controversial in some places. Why is that so?

It is because the world is changing and because, understandably, people have apprehensions about change. It is also because there is very little understanding of what it is that we are doing in Geneva. Consciously, and intentionally, I have spent my first years on the Appellate Body in silence. Vanderbilt is one of the few places where I …

Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand

Vanderbilt Journal of Transnational Law

This Article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part I examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma …