Digital Commons Network^™

Ownership Of Electronic Publishing Rights In Collective Works: New York Times Co. V. Tasini, Colby B. Springer

Santa Clara High Technology Law Journal

No abstract provided.

Kelly V. Arriba Soft Corp.: Copyright Limitations On Technological Innovation On The Internet, Khio D. Dang

Santa Clara High Technology Law Journal

No abstract provided.

The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy

Faculty Publications

No abstract provided.

The Customer Is Always Right . . . Not!: Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Articles

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

The thesis of this article is that third party sexual harassment is a prevalent form of harassment that the legal system does not currently …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

"Adopt A Pal": An Application Of The Transtheoretical Model, Chad A. Spangler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

From Having Copies To Experiencing Works: The Development Of An Access Right In U.S. Copyright Law, Jane C. Ginsburg

Faculty Scholarship

This essay addresses how current U.S. copyright law responds to new forms of distribution of copyrighted works, through the emerging right to control digital access to copyrighted works, as set out in § 1201 of the 1998 Digital Millennium Copyright Act. When the exploitation of works shifts from having copies to directly experiencing the content of the work, the author's ability to control access becomes crucial. Indeed, in the digital environment, without an access right, it is difficult to see how authors can maintain the exclusive Right to their Writings that the Constitution authorizes Congress to secure. Even if Congress …

Development Of The Pupal Parasitoid Xanthopimpla Stemmator (Thunberg)(Hymenoptera: Ichneumonidae) In Various Cereal Stem Borers (Lepidoptera), Ann Wanjiru Gitau

All Master’s Theses

Classical biological control (CBC) is a management strategy that employs natural enemies against exotic pests. The method has been used against Chilo partellus (Swinhoe) (Lepidoptera: Crambidae), an introduced pest of maize in Africa, using the introduced larval parasitoid Cotesia flavipes (Cameron) (Hymenoptera: Braconidae). However, C.flavipes is not able to attack all stem borer species in the targeted areas. To complement its work, Xanthopimpla stemmator (Thunberg) (Hymenoptera: Ichneumonidae) a solitary pupal endoparasitoid, which attacks pupae of Lepidoptera stem borers was imported from Sri-Lanka via Mauritius and South Africa to Kenya for laboratory trials. Xanthopimp/a stemmator has successfully been established in Mauritius …

The Role Of Government In Managing Corporate Distress After The 1997 Financial Crisis : Theories And Case Studies Of Selected Malaysian Corporations, Sook Ching Wong

Student Works (2000-2009)

The 1997 Asian financial crisis reversed over two decades of unprecedented and amazing economic growth in the eight High-Performing Asian Economies (HPAEs) including Malaysia. The interwoven relationship of banks and corporations have created a symbiosis that can be extreme in its effects. Given the circumstances facing these corporations, it may be imperative and therefore justifiable for some appropriate government intervention to check and reverse problems of insolvency, bankruptcy and declining real output. There are numerous means of assisting financially distressed corporations, some more effective than others, often depending on circumstances. "Success" or "failure" depends on the magnitude of assistance, how …

Estimation Of The Equilibrium Exchange Rate In Malaysia, Ying Foong Yoong

Student Works (2000-2009)

In this study, we examine the long-nm relationships of the exchange rate of ringgit Malaysia through three difference methods. Firstly, we estimate the ringgit Malaysia with a simple Big Mac index. The results show that the ringgit Malaysia is undervalued since 1993. Secondly, we used the co-integrating techniques to examine the long-run relationship of the exchange rate of ringgit Malaysia against United States dollar vis-a-vis other Asian currencies, namely Japanese yen and Singapore dollar against United States dollar. The short-term impact of these variables are also estimated by an error-correction model. Our results show that the Purchasing Power Parity does …

Sejarah Perkembangan Ajaran Sesat Di Hulu Besut, Terengganu, Abdul Haris A. Hamid

Student Works (2000-2009)

Lately, the problem of cult in our country is becoming very serious. It's not only broke our relationship, but also threaten our lives as happened at Sauk by the Al-Ma'unah group and others a few years ago. The people do not understand the emerging of the cult and the continuity from the past and the modem cult. This thesis is trying to study the history of cult since the emerging of Islam brought by our prophet, Muhammad s.a.w. The issues studied are as the follow: 1. The Besut background in term of location, social, education and the way of believers …

Organisational Diagnostics And Planned Organisational Change : A Case On Pharmaceutical Firm, Chee Meng Kok

Student Works (2000-2009)

A case study has been conducted on a pharmaceutical firm based in Malaysia. The framework of this study was constructed based on the adapted version of Checkland's Soft System Methodology (SSM). The organisation that under­studied was being tested on its viability towards a planned change. A set of diagnostics tools was applied to calibrate the organisation's operating system. In the inquiry stage for the real world, the six level organisational diagnostics, self-actuation diagnostic, organisation dissipativeness diagnostic and the actor system diagnostic (Yusef Omar, 2001) was used. The ISO 9001 :2000 standard criteria are used for the system thinking inquiry. Observation …

Does The Export-Led Growth Hypothesis Hold For Malaysia?, Beebee Rosida Nohur

Student Works (2000-2009)

This paper examines the export-led growth hypothesis in Malaysia over the last 30 years using current techniques in econometric analysis of non-stationary time series. In order to avoid model misspecification, this study employs a multivariate framework. The basic objective of this study is to provide further empirical evidence on the merits of export-oriented strategies. The principal results emerging from our research are: Firstly, all the data series exhibit an autoregressive scheme of order one, that is they are I( 1) series and that exports, investment to output ratio, terms of trade and GDP in real terms are cointegrated. This implies …

Super Regulator: A Comparative Analysis Of Securities And Derivatives Regulation In The United States, The United Kingdom, And Japan, Jerry W. Markham

Faculty Publications

This article describes the development of the competing regulatory bodies for banking, insurance, securities and derivatives. It then focuses on the regulatory roles of the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC"). The competition between those two agencies and its effects are described. After that review, the article examines the roles of the FSA-GB and FSA-Japan. Finally, the article discusses the arguments favoring and disfavoring competitive regulation and tries to discern whether a unified regulatory structure such as that in Japan and England is preferable to the competitive approach of the SEC and CFTC. The …

A Roundtable Discussion With Stephen L. Carter & Michael J. Gerhardt, Thomas E. Baker

Faculty Publications

Transcript of a discussion regarding the United States Supreme Court, the Supreme Court justices and justice nominees, the Senate process for confirming nominees and related issues such as fitness to serve on the court and judicial activism.

Antonin Scalia, Baruch Spinoza, And The Relationship Between Church And State, Steven Goldberg

Cardozo Law Review

No abstract provided.

Unf Journal Winter 2002, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.

An Assessment Of Student Cognition In Basic Instruction Bowling Classes., Rhonda Lou Noble

Graduate Theses, Dissertations, and Problem Reports (ETD)

The study was a descriptive analysis of the cognitive processes of college students. The instruments used for data collection were the modified CPQPE, student demographic and thought questionnaires, and a teacher questionnaire asking them to rate initial and ending skill level, improvement, and the student cognitive processes measured on the CPQPE. The participants in the study were 151 college students enrolled in basic instruction bowling classes. The students were divided into three skill groups (high, low skill-high improvement, and low skill-low improvement) based on initial bowling averages and ending improvement. The results revealed that the total score and the self-regulation/strategy …

On The Edge Of Chaos: A Delphi Study Of The Changing Role Of The Secondary Principal., Rebecca H. Goodwin

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to describe the changing role of the secondary principal. The study examined the contemporary high school principalship and described changes in the principalship, the role of the contemporary principal, and the preferred future for the principalship. Recognizing the complexity of the position, the study also used chaos and complexity theory to critically analyze the findings and to discern if the theory provided an understanding of these changes and their impact. This was a mixed-method two-stage study conducted electronically with both qualitative and quantitative instruments. The first stage used the Delphi method of research to …

Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine

Cardozo Law Review

No abstract provided.

Regulating Political Parties Under A Public Rights First Amendment, Gregory P. Magarian

Scholarship@WashULaw

The recently-enacted McCain-Feingold campaign finance law pushes to the fore the questions of whether and to what extent the First Amendment allows government to regulate the electoral activities of political parties. One of the new law's primary components is its attempt to eliminate so-called "soft money"- unlimited donations to national political parties that the Democrats and Republicans have used to circumvent legal limits on campaign contributions? One congressional opponent of the new law called it "the death knell" for political parties' role in elections." Not surprisingly, both major parties have attacked McCain-Feingold. Most Republicans in Congress opposed the legislation, and …

The Investment Opportunity Set And Capitalization Versus Expensing Methods Of Accounting Choice, Dan S. Dhaliwal, William G. Heninger, K.E. Hughes Ii

Faculty Publications

This paper examines the effects of the investment opportunity set (IOS) on management's decision to capitalize or expense significant costs in two diverse settings: (1) in accounting for exploration and development (E&D) costs by firms in the oil-and-gas industry, and (2) in accounting for research and development (R&D) costs by firms (across industries) prior to 1974. We argue that the relation between the IOS and the decision to capitalize versus to expense is based upon managerial incentives to reduce the variance of accounting earnings. High-growth firms are more likely to have more variable earnings, which therefore creates greater incentives to …

Vibrato Rate Adjustment, Christopher Dromey, Neisha Carter, Arden Hopkin

Faculty Publications

Summary: The goal of the present study was to document the acoustic changes that occur as singers attempt to increase or decrease their vibrato rate to match target stimuli. Eight advanced singing students produced vowels with vibrato in three registers, both naturally and while attempting to match faster or slower rate stimuli. Slower rates were associated with lower intensity and less steady vibrato. Faster rates involved increased vibrato extent in the chest register and increased intensity in the head register. Singers whose spontaneous vibrato rates were naturally either slower or faster tended to also be relatively slower or faster when …

Are Art Students Nicer Than Economics Students? A Discussion Of How Economic Game Theory Predicts That Art And Economics Students Differ In Terms Of Reciprocity, Abigail Claiborne

University Avenue Undergraduate Journal of Economics

Neoclassical economic game theory predicts that a player’s goal is to maximize her income regardless of others. In playing the Ultimatum Game this means that Allocators will allocate the minimum amount and the Responders will accept that amount because something is better than nothing. Economics students behave differently because they self-select into that field already thinking as economists do and while studying economics they adapt their behaviors to economic theory. Therefore it is natural to assume that Economics students will act according to theory and that non-economics students will not. The Smith College study between Art students and Economics students …

The Economic Impact Of Native American Gaming: Cost-Benefit Analysis Of The Mashantucket Pequot Tribal Nation, Lisa Borromeo

University Avenue Undergraduate Journal of Economics

The purpose of this paper is to put the economic and social importance of Indian gambling on and off the reservation into perspective. Because the economic and social effects of Indian gaming are additive, one cannot form a coherent picture of the net impact of gaming without measuring both the economic and social effects (Cornell et al., 1998). Because gambling has impacts beyond reservation boundaries, studying the surrounding local economy is a necessary action. As both the number of tribes with gaming operations and the magnitude of the operations increase, so do their effects. This paper combines a general overview …

The World Grain Economy To 2050: A Dynamic General Equilibrium, Two Sector Approach To Long-Term World-Level Macroeconomic Forecasting, Benn Eifert, Carlos Galvez, Naureen Kabir, Avinash Kaza, Jack Moore, Christine Pham

University Avenue Undergraduate Journal of Economics

Though fifty years is a tremendous time horizon for the forecasting of any trend involving the complex interactions of billions of people and billions of hectares of intricate planetary ecosystems, the analytic methodology of economics is the most capable toolbox available for such forecasting. At the center of such a forecast are two complex functions, supply and demand, coevolving over time and codetermining prices, production, investment, labor flows, export patterns, and most other major variables.

The Political Economy Of Wto Dispute Settlement: Toward A Synthesis Of International Regime Theories, Christopher L. Griffin

University Avenue Undergraduate Journal of Economics

This paper analyzes the explanatory power of mainstream international regime theories from the international political economy (IPE) literature—neoliberalism, realism, and cognitivism—through formal econometric techniques. I use a data set based on 162 dispute settlement cases since the inception of the World Trade Organization and find that the probability of a Dispute Settlement Panel (DSP) forming depends on the share of exports for a target country as a share of its total exports as well as relative gaps in military expenditures (as a share of GDP). These results are highly robust to different model specifications and control variable choice. Though the …

Intergenerational Problems Of Stability And Justice: Public Goods And Just Saving, Andrew Hayashi

University Avenue Undergraduate Journal of Economics

Rawls notes that the question of justice between generations “subjects any ethical theory to severe if not impossible tests.” (A Theory of Justice (TOJ), p. 251) and the difference principle Rawls argues for in A Theory of Justice is inapplicable to the problem of justice between generations. Specifically, the fact that there “is no way for later generations to help the least fortunate earlier generation…[means that] the difference principle does not hold for the question for justice between generations.” (TOJ p.254) Curiously, despite Rawls’ warning, there is vein of literature that endeavors to show that the difference principle …

Macroeconomic Reform And Policy: The Case Of Peru - Analyzing The Effects Of Some Major Economic, Political And Social Changes In The Peruvian Financial Market For The Period Between 1990 And 1992, Marco A. Hernandez

University Avenue Undergraduate Journal of Economics

This paper discusses the effects of the changes in economic policies and important events, between 1990 and 1992, on the values of an economic sector's equity in Peru. I use event studies to explain the differences in returns during the event window in the main economic sectors in Peru including mining, beer, banking and industrial sector. Four key events are analyzed: The Fujishock, the announcement of policy changes and changes in the legal system, Fujimori's announcement of the dissolution of Congress and the suspension of the Constitution, and the capture of the chief of the Shining Path guerrillas, Guzman. …

Neodymium And Erbium Coordination Environments In Phosphate Glasses, Mevlüt Karabulut, G. K. Marasinghe, Ezzeldin Metwalli, Andrew K. Wittenauer, Richard K. Brow, C. H. Booth, D. K. Shuh

Materials Science and Engineering Faculty Research & Creative Works

The local structures of Nd3+ and Er3+ ions in two series of rare-earth (RE) phosphate glasses with nominal compositions xR203-(1-x)P2O5, where R=Nd and Er and 0.05≤x≤0.28, have been characterized by LIII-edge extended x-ray-absorption fine-structure spectroscopy (EXAFS). The RE coordination number depends on the R2O3 content, decreasing from 9.0 (10) oxygen nearest neighbors in ultraphosphate compositions (x<0.15) to 6.4 (9) oxygen nearest neighbors for the metaphosphate (x∼0.25) compositions. The average Er-O bond distance decreases from 2.29 (1) to 2.23 (1) Å, and the average Nd-O bond distance decreases from 2.40 (1) to 2.37 (1) Å over the same compositional range. The changes in coordination environments are consistent with the conversion of isolated RE polyhedra to clustered RE polyhedra sharing common oxygens as the number of available terminal oxygens per RE ion decreases with increasing x.