Digital Commons Network^™

Harmonizing The Battle Of The Forms: A Comparison Of The United States, Canada, And The United Nations Convention On Contracts For The International Sale Of Goods, Charles Sukurs

Vanderbilt Journal of Transnational Law

As trade between the United States and Canada continues to increase on the heels of the free trade agreements of the early 1990s, the question of which body of commercial law to apply to these transactions becomes increasingly important. The United Nations Convention on Contracts for the International Sale of Goods (CISG) serves as the default governing law for many of these transactions. In spite of its lack of use and the confusion it has brought to choice of law provisions as a self-executing treaty, many scholars have suggested that the CISG can continue to serve as a body of …

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 …

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 …

Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark

Vanderbilt Journal of Transnational Law

This Article examines the pressures of globalization on the practice of law and legal ethics from an Australian perspective. The Article first examines the positive aspects of globalization and then turns to the potentially disruptive and homogenizing aspects of globalization upon indigenous and non-Western societies. Next, the Article considers how globalization threatens to disrupt tradition and culture in Western societies, specifically focusing on the tradition of the law and legal practice. Finally, the Author discusses the response of the Australian legal profession to the demands of globalization. The Author examines changes that have been implemented to the legal practice and …

Gats' Applicability To Transnational Lawyering And Its Potential Impact On U.S. State Regulation Of Lawyers, Laurel S. Terry

Vanderbilt Journal of Transnational Law

This Article examines the impact of the General Agreement on Trade in Services, or GATS, on legal services, and more specifically on the legal ethics rules in the United States. The Article begins by explaining background information about the global nature of legal services. Then, the Author details the structure and operation of the GATS, including its relevant exemptions, and its applicability to legal services. Next, the Article explores developments that have occurred since the signing of the GATS, including the possible significance to U.S. regulation of the legal profession. Subsequently, the Author identifies remaining questions about the effects of …

Gabrielle Roy: An Annotated Bibliography And Guide To Studies About The Author And Her Works, Marjorie Benedict

University Libraries Faculty Scholarship

Gabrielle Roy (1909-1983) is one of Canada's most important 20th century women writers of fiction. Born in Saint-Boniface, Manitoba, a French-speaking community across the Red River from Winnipeg, Gabrielle was the youngest child in a large family. In 1929, after two years of training at the Winnipeg Normal Institute, she began a teaching career in Manitoba. Eight years later, she traveled to Europe to study dramatic art. There she began to develop her talent as a writer and wrote her first published articles. The outbreak of World War II in 1939 hastened her return to Canada where she settled in …

The Personal Is Political And The Political Can Be Very Bloody Personal : Family Farming In A Deregulated Dairy Industry, Terese Reid

Theses : Honours

This qualitative study considers the links between the political ideology that led to the deregulation of the dairy industry in July 2000 and the personal lived experiences of dairy farming families at a grass roots level. The post-deregulation experiences of dairy farming families within the South West region of Western are investigated through an engaged critical ethnographic methodology. A critical analysis of the political policies relating to dairy deregulation, is also incorporated within the study's methodological framework. The underlying aims of critical ethnography are emancipation, empowerment and liberation. The central purpose of this research is to give the daily farming …

Sense Of Belonging In The School : Impact On Young Adolescents, Diane F. Broderick

Theses : Honours

The transitional nature of adolescence predisposes the adolescent to the effects of evolving biopsychosocial development changes. However, these transitional processes do not occur in isolation in the adolescent. Using a systems approach, this paper examined the issues surrounding adolescents' sense of belonging (SoB) at school. SoB was identified as a means of providing an understanding of belongingness as a linking and stabilising mechanism for adolescents as they successfully negotiate their biopsychosocial changes. SoB at school appears to be positively reflected in the adolescents' peer competencies, student-teacher relationships, motivation and achievement, participation skills, and the ability to relate to the school …

The Influence Of Perceived Family Environment On Adolescent Leisure Behaviour, Cath Price

Theses : Honours

It has been claimed by many that the family environment is a source of influence for child and adolescent behaviour (Hendry, 1983). Research questions were asked to find out if, and to what extent, the family environment {as perceived by the adolescent) determines the adolescent's leisure participation, with whom these pursuits are carried out, and the satisfaction gained from these pursuits. Questionnaires containing measures of leisure participation, with whom they participate, and leisure satisfaction plus the Family Environment Scale (FES) Form R were administered to 313 students between 13 to 16 years of age in a Perth metropolitan state high …

Exploring What Men's Perception Of A 'Good' Family Is, And How This Understanding Shapes Their Roles And Functioning Within Their Family, Grahame L. Paull

Theses : Honours

This study was based on the belief that the dynamics of personal relationships is the basis of social life and personal well-being. There is growing support in the literature however suggesting that the gap between men's family relationship functioning, and their ideals of how life ought to be is widening. The purpose of this research therefore was to explore through men's own experiences what their perception of a 'good' family is, and how this understanding shapes their roles and functioning within their family. Using the three concepts of family as a symbolic structure of meaning, masculinity and cognition, as the …

A Cable/Wireless Modulation/Demodulation Frontend Module For High Speed/Broadband Datalink, Pay Peng Clarice Chong

Theses : Honours

What are the modulation/demodulation schemes that are suitable tor cable or wireless high speed or broadband data link, between 1 Mbps to 30 Mbps? The recent adoption of modulation schemes such as OFDM, 8-VSB, OAM, for Digital Television broadcast (DTV), Asymmetrical Digital Subscriber Lines (ADSL), and Cable Modem (CM) for Internet access, is poss'1ble because of the increase bit/Hz in these modulations over conventional modulation schemes. These modulation/demodulation schemes could also offer similar advantages to dedicated data link applications such as home-networking using cable or wireless medium. This report document the project implementation of Quadrature Amplitude Modulation as the modulation …

Back Stress And Assistance Exercises In Extreme Weightlifting, Adam J. Beard

Theses : Honours

The purpose or this study was to test the suitability or selected assistance exercises to strengthen the low back for the Olympic lilts in elite weightlifters. Four subjects were filmed by a five-camera Motion Analysis system operating at 120Hz. The subjects completed both or the Olympic lifts (Snatch and Clean) at a near one repetition maximum and four assistance exercises (Bent-over Row, Clean Pull Deadlift, Romanian Deadlift, and Good Morning) at an intensity typically performed at a routine training session. Peak moments, compressive and shear forces about the L5/S1 intervertebral joint were calculated via a top-down inverse dynamics model. Comparisons …

Documentary Photography/Postmodern Commodities, Allan Radich

Theses : Honours

This honours project is divided into two parts. Part one is the written thesis. Part two is the photographic component. Part one discusses some of the practices and discourses associated with 'documentary' photography. Some documentary practices and discourses of the past can be seen to be culturally divisive. These practices and discourses were based on being, white, male and European. This ideology and its discursive modes are in conflict with contemporary photographic practices and the relevant social and cultural theories that define it. The thesis defines the discourses and practices of the modernist and postmodernist documentary photographer. It highlights the …

Meeting The Challenge Of Dynamic User Requirements Using Data-Driven Techniques On A 4gl-Database Environment, Christopher Bolan

Theses : Honours

Accompanying the ever-growing reliance on computers within contemporary organisations, the task of software maintenance is, increasingly, becoming a resource burden. The author has identified that there is a need for proven techniques to allow the modelling of flexible/changing user requirement, to enable systems to cope with requirements creep without suffering major code change and associated down-time from rebuilds of the database. This study ascertains the applicability of extension to current data modelling techniques that allows innate flexibility within the data model. The extension of the data model is analysed for potential benefits in the provision of such a dynamic/flexible base …

Providing Services To Family Caregivers At Home: Challenges And Recommendations For Health And Human Service Professions, Susan Toth-Cohen, Laura N. Gitlin, Mary Corcoran, Susan Eckhardt, Pamalyn Kearney, Rosalyn Lipsitt

Department of Occupational Therapy Faculty Papers

The home represents a relatively new arena for practice for most service providers, especially those working with families of persons with dementia. This article describes four key factors to consider when working with caregivers of persons with dementia in their homes. The authors also discuss seven common challenges of service provision in the home and recommend strategies for addressing these challenges.

The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh

Research Collection Yong Pung How School Of Law

As a mechanism for shareholder control of corporate wrongs and thus as a tool of corporate governance, the statutory derivative action has had much international attention given to it, particularly in the last 10 years. Singapore introduced its statutory derivative action in 1993 and since then, there have been two reported cases in which the action was invoked. In this paper, I consider the Singapore derivative action as contained in sections 216A and 216B of the Singapore Companies Act. The approach taken is a comparative one as I also look at the statutory derivative actions in Australia and other common …

The Annual Meeting Of The Iowa Academy Of Science April 20-21, 2001 [Program, 113th Meeting], Iowa Academy Of Science

Iowa Academy of Science Documents

Contents:

Program Summary --- 1
General Session Speakers --- 4
Awards --- 7
Symposia Programs --- 8
Special Events --- 8
Poster Sessions --- 9
Section Programs/Special Sessions --- 9
Agricultural Sciences --- 9
Anthropology --- 10
Botany --- 11
Cellular, Molecular & Microbiology --- 15
Chemical Education --- 13
Chemistry: Inorganic, Analytical & Physical --- 16
Chemistry: Organic & Biological --- 16
Conservation --- 17, 24
Earth Science Teaching --- 13
Elementary Science Teaching --- 13
Engineering --- 12
Geology --- 17, 19
Physics --- 20
Physiology --- 20
Psychology & Linguistics --- 10
Science Teaching --- 13, 22, …

The Allure And Peril Of Genetic Exceptionalism: Do We Need Special Genetics Legislation?, Sonia M. Suter

GW Law Faculty Publications & Other Works

Genetics discrimination has become a large concern among scholars, scientists, the media, and the public. In the rush to confront serious and legitimate concerns about potential abuses of genetic information, policy makers and commentators often fail to ask whether these concerns are unique. Most scholarship on genetics, explicitly or implicitly, adopts a "genetics exceptionalism" perspective, i.e., a view that genetic information is qualitatively different from other medical information and therefore raises unique social issues. This article challenges genetics exceptionalism and argues that protections against abuse of information should not be limited to genetic information, but should extend to other medical …

Rethinking Wto Trade Sanctions, Steve Charnovitz

GW Law Faculty Publications & Other Works

The paper presents an outline of the issues and a preliminary appraisal of the use of trade sanctions by the World Trade Organization (WTO) as a means of promoting compliance by parties. The WTO is unique among intergovernmental organizations (IGOs) in using trade sanctions to enforce independent adjudications. Many commentators have suggested using trade sanctions analogously in other IGOs, or alternatively broadening trade rules so that the sanctions can be used for other purposes, such as enforcing basic human rights. The paper examines the advantages and disadvantages of the use of such compliance sanctions by the WTO and concludes that …

Erps And Strategy: First, Do No Harm, Kristi Jane Yuthas, Catherine Banbury, Darrell Brown

Business Faculty Publications and Presentations

ERP and other systems projects are now commonly preceded or accompanied by reengineering efforts. Traditional reengineering projects use a 'clean sheet' approach, in which companies attempt to design ideal processes without being bound to existing processes and constraints. When reengineering is associated with information technology (IT) implementation, the more common approach is known as 'tool-driven' or 'system-enhanced' reengineering. Under this approach, the new processes are designed with explicit attention to the opportunities and constraints presented by the capabilities of the new information system. Although IT-related reengineering approaches have matured through time, they have not kept pace with current perspectives on …

Body Image Perception Of Adolescents With Diabetes, Cathleen E. Kessler

Masters Theses

The purpose of this study was to compare body image of adolescents with diabetes to adolescents without diabetes in order to increase the awareness of the psychological, emotional, and spiritual effects that diabetes may have on an adolescent’s consistently evolving body image. Neuman’s systems model was applied as the theoretical framework.

A Body Image Questionnaire was completed by two groups of adolescents, one group with diabetes and one group without diabetes. Both groups completed a 100 item Body Image Questionnaire (What I Think About Me). The questionnaire consisted of 45 physical traits and 55 Actors that influence or correlate to …

Faculty And Student Perceptions Of Effective Clinical Teachers, Sylvia A. Counts

Masters Theses

The purpose of this descriptive study was to identify which characteristics of clinical teachers were considered most important by associate degree nursing (ADN) students and Acuity, and to investigate whether the perception of effective clinical teacher characteristics (ECTC) change as the student advances toward graduation. Imogene King’s conceptual framework for nursing served as the framework for this study. Faculty and students were surveyed using the Clinical Teacher Characteristic Instrument (CTCl). The collected data was analyzed using descriptive statistics. A Mann-Whitney U test was used to investigate if there were significant differences in perceptions between faculty and students. A Kruskal-Wallis test …