Digital Commons Network^™

Well-Known Trademark Protection In The People's Republic Of China — Evolution Of The System, Edward Eugene Lehman, Camilla Ojansivu, Stan Abrams

Fordham International Law Journal

Protection of intellectual property is an integral part of China's economic reform policy. It paves the way for faster development of science, technology, and culture and creates a stronger basis for the Chinese market economy. With the rapid development of China's economy, culminating in China's entry into the World Trade Organization (“WTO”), and the pressure put to bear from multinational corporations and the governments of developed countries, the Chinese government has become aware that protection of well-known trademarks pursuant to the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the WTO (“TRIPS” or “TRIPS Agreement” or …

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …

Bringing Ireland Up To Par: Incorporating The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Katherine Lesch Bodnick

Fordham International Law Journal

In the Good Friday Agreement of 1998, the Irish government committed to incorporating the European Convention for the Protection of Human Rights and Fundamental Freedoms (“ECHR”) into Ireland's domestic law. Ireland's promise to promote human rights is consistent with the Good Friday Agreement. Although the government agreed to incorporate the ECHR by October 1999, it has yet to be incorporated because Attorney-General Michael McDowell and Minister of Justice John O'Donoghue could not decide how to do so. This Note examines the manner in which Ireland should incorporate the ECHR into Irish domestic law. Part I of this Note discusses background …

The Jewish Refugees From Arab Countries: An Examination Of Legal Rights - A Case Study Of The Human Rights Violations Of Iraqi Jews, Carole Basri

Fordham International Law Journal

Although the issues surrounding the Palestinian refugees are frequently addressed at the United Nations ("U.N."), in the news media, and in legal journals, very little has been written about the Jews displaced from Arab lands. In light of the little known fact that approximately 50% of Israelis are Jews from Arab lands or their descendents, this Article will use Jews from Iraq as a case study in examining the history and rights of Jews from Arab countries, who were expelled or forced to seek refuge elsewhere. Part I of this Article examines the historical legal status of Jews in Iraq …

The Government Of Memory: Public Inquiries And The Limits Of Justice In Northern Ireland, Angela Hegarty

Fordham International Law Journal

The purpose of this Article is to examine the exercise and the usefulness of the public inquiry model, in the Northern Ireland conflict. This Article examines its role as both an accountability mechanism and a truth process, and in doing so I consider the proposition that public inquiries are employed by governments not as a tool to find truth and establish accountability for human rights violations, but as a way of deflecting criticism and avoiding blame.

Unjust Order: Malaysia's Internal Security Act, Nicole Fritz, Martin Flaherty

Fordham International Law Journal

This Report represents the culmination of a year-long project undertaken by the Crowley Program to update the study of the use and impact of the Internal Security Act (ISA) in Malaysia in light of international law obligations. We reference first those international commitments that Malaysia has expressly adopted. However, these are very few--reflecting the antipathy felt by the Malaysian government for international obligations of this sort. Additionally, we have made reference to the generally-accepted international law provisions applicable in this context--intended both to demonstrate the extent to which the ISA deviates from widely-upheld international norms, even if those norms are …

Preventing, Punishing And Eliminating Terrorism In The Western Hemisphere: A Post-9/11 Inter-American Treaty, Enrique Lagos, Timothy D. Rudy

Fordham International Law Journal

Part I of this Article will provide a brief background to the fight against terrorism as seen from an inter-American legal and institutional standpoint. Part II will discuss the more significant details of the Convention and the negotiations in the Permanent Council's Working Group that produced it. In II(A), the authors review the conflicting views among delegates about whether the OAS should have been negotiating a “comprehensive” anti-terrorism treaty (complete with a legal definition of terrorist acts) or follow the suggestion of the United States and adopt a less ambitious treaty providing some “added value” (by incorporating by reference the …

The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle

Fordham International Law Journal

This Article examines organized crime in Iberoamerica. It also examines the international mechanisms implemented to combat it, specifically the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 1996 Organization of American States Inter-American Convention against Corruption of 1996, and the United Nations Convention on Transnational Organized Crime of 2000. It then examines whether these efforts have been successful or unsuccessful, and whether multilateral instruments are a formidable tool in the war against international organized crime or merely toothless tigers.

Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen

Fordham International Law Journal

This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity …

Penggunaan Huruf-Huruf Muqatta'ah Di Awal Surah Dan Kaitannya Dengan Kandungan Surah Al-Quran : Satu Analisis, Ab. Aziz Abdullah

Student Works (2000-2009)

Kajian ini merupakan kaiian terhadap huruf-huruf Muqalla'ah yang diletakkan oleh Allah S. W.T. di permulaan surah-surah yang tertentu di dalam al-Quran Huruf Muqatta'ah merupaknn huruf-huruf abjad Arab yang berada di permulaan surah-surah berkenaan. Huruf-huruf tersebut terdiri dari satu, dua, liga, empat atau lima huruf. Huruf yang lebih dari satu huruf disambung seolah-olah satu perkataan, namun ia bukanlah satu perkataan kerana ia tidak menunjukkan kepada sesuatu makna yang khusus seperti satu perkataan. Huruf-huruf Muqatta'ah ini walaupun ia tidak mempunyai makna seperti satu perkataan namun disebalik penggunaannya ada sesuatu pengertian yang tertentu. Kajian ini dijalankan untuk mengenalpasti rahsia dari aspek bahasa yang …

Pengaruh Guru Terhadap Pembelajaran Bahasa Arab : Satu Kajian Kes, Sharifah Fatimah Wan Jamel

Student Works (2000-2009)

Kajian ini ialah untuk mengenal pasti pengaruh guru terhadap pembelajaran bahasn Arab yang memfokuskan kepada corak personaliti guru dalam bilik darjah. la bertujuan untuk melihat latar belakang pendidikan guru dan faktor-faktor lain yang mempengaruhi minat dan pendekatan mereka dalam pengajaran bahasa Arab selain untuk mengenal pasti respon pelajar semasa proses pengajaran dan pembelajaran serta bagaimana personaliti guru boleh mempengaruhi tingkah laku dan minat mereka. Faktor personaliti guru yang dikaji adalah fleksibiliti (mudah lentur), pemilihan teknik pengajaran yang sesuai. tegas. bertanggungjawab, bijaksana dan berbudi bicara, kepimpinan, suara dan pakaian. ramah mesra, kawalan emosi yang tinggi dan sensitiviti terhadap kanak-kanak. Dalam kajian …

A Survey Of Pesticide Residues In Blood Of School Children In Peninsular Malaysia And Toxic Effects Of Orally-Administered Endosulfan In Rats, Pui Ling Chan

Student Works (2000-2009)

Due predominantly to the persistent characteristic of the organochlorine (OC) and organophosphorus (OP) pesticides, a survey was conducted to assess the extent of exposure of schoolchildren to pesticides from the environment and through dietary intake. A total of 577 whole blood samples from schoolchildren in Peninsular Malaysia were analysed for the residues of eleven QC and two OP pesticides. The results of the survey revealed the following range of levels in blood (nanogram per gram): aldrin, nd - 4 7 .6; dieldrin, nd; endrin, nd; alpha-endosulfan, nd-0.6; beta-endosulfan, nd; endosulfan sulfate, nd; heptachlor, nd - 3.8; lindane, nd - 5.7; …

Pengguguran Kata Dan Ayat : Satu Analisis Kemukjizatan Al-Quran / By Mohd Fahmi Abdul Khir., Mohd Fahmi Abdul Khir

Student Works (2000-2009)

Tajuk disertasi ini, ialah Pengguguran kata dan ayat: satu analisis kemukjizatan al-Ouran", dikemukakan untuk memenuhi sebahagian daripada syarat memperolehi ijazah Sarjana Pengajian Bahasa Maden, Fakulti Bahasa dan Linguistik, Universiti Malaya, Kuala Lumpur 2001. Disertasi ini adalah satu kajian yang menjelaskan kemukjizatan al-Ouran dari perspektif retorik Arab, di mana retorik Arab mempunyai kaitan yang rapat dengan kemukjizatan al-Quran. Disertasi ini menjurus kepada analisis berhubung dengan dua ayat al-Quran yang hampir sama susunannya tetapi terdapat pengguguran kata dalam salah satu ayat tersebut. Perbincangan ini difokuskan kepada sebab dan hikmat yang terdapat dalam unsur tersebut yang seterusnya menjelaskan kemukjizatan al-Quran. Metodologi kajian adalah …

A Case Analysis Of Three Middle-School Boys Who Have Down Syndrome And Have Been In Regular Education Classes Since Preschool, Eileen Frances Luddy

Dissertations

This study investigated the experiences of three middle-school boys who have Down syndrome and have always attended regular education classes.

Despite the existence of policies and initiatives in support of inclusive education, research on the implementation of inclusive practices in middle schools is sparse.

This study is organized in nine chapters. A review of literature revealed that significant research conducted during the past decade supports the practice of including students with disabilities in regular education and the benefits of inclusion outweigh the benefits of separate instruction.

A case study approach investigated the phenomenon covering contextual conditions surrounding the experiences of …

Predominant Nursing Students' Learning Profile And Nursing Faculty Teaching Styles As Related To Final Course Grade In A Baccalaureate Nursing Program In Puerto Rico, Lourdes Méndez Cruz

Dissertations

Problem. The purpose o f this study was to investigate the relationship between students’ predominant learning profile, faculty teaching preferences, and the final course grade in a 4-year nursing program at a private Christian university in Puerto Rico.

Method. A non-experimental descriptive research design was used for this study. The Learning Profile Indicator was administered to all nursing students («=138) while the Teaching Style Inventory was given to all faculty («=9). Demographic sheets were also given to both students and faculty Students’ final course grades were obtained from the faculty. Descriptive (frequency, means and standard deviations) and inferential statistics …

A Study Of Select Decisions That Fostered The Growth And Development Of Solusi University In Zimbabwe, Israel Sampson Mfune

Dissertations

Problem. Decision making is a practical day-to-day phenomenon. It manifests itself in various ways, such as choosing w/hat to do or not to do. in evaluating and fulfilling what is now and what is expected. Decision making is a cycle covering the time from when a decision is conceived to the time its outcome is visible. Because decision making appears so ordinary, it is often considered an ordinary activity. A good, well-thought-through decision can go a long way in the life of an organization. This study focuses on how Solusi went about the decision-making process, the implementation of those decisions, …

Exploratory Study Of The Relationships Between Community Building And The Social, Academic, And Spiritual Engagement At Antillean Adventist University, Zilma Enid Santiago

Dissertations

Problem. This research examined the students’ sense of community building in a college and how such perceptions influenced academic, social, and spiritual engagement in a 4- year Christian university.

Method. The study was an exploratory study that used survey methodology. Data collection was done using a 150-question research instrument that consists of several sections designed to gather information about the demographic characteristics of the population, and to measure the following variables: sense of community, and the academic, social, and spiritual engagement. Both descriptive (mean and standard deviation) and inferential statistical techniques (one-way analysis of variance and canonical correlations) were used …

The Design, Implementation, And Assessment Of Initial Change And Growth In A Local Voluntary Organization And Its Members, Tracy Ann Weber

Dissertations

Problem. During the past 30 years, Americans have steadily reduced their participation in the traditional forms of community involvement, such as clubs, associations, and organizations, that bring people together to effectively pursue a shared objective. In this postmodern society, leaders of community and nonprofit organizations find they are asking themselves difficult questions about the most effective methods of fulfilling their mission and simultaneously meeting members' changing needs. Participatory volunteer-run organizations, such as a local branch or chapter of a national organization, face many challenges, making it hard to establish and maintain there organizations. They demand great energy of leaders, …

The Empirical Development Of A Curriculum On Identification Of The "Tongues" Of 1 Corinthians 14 Utilizing A Socio-Exegetical Approach To Interpretation, Angel Hernandez

Dissertations

Problem. The Corinthian tongues is a subject that has been extensively covered in the literature, especially in exegetical Bible commentaries, but no empirically developed curriculum for college-level instruction has been found. The purpose o f this study was to develop such a curriculum. The approach to the interpretation o f the tongues of 1 Corinthians 14 was interdisciplinary: both theological and sociological.

Method. The instructional product development method formulated by Baker and Schutz and revised by Naden was used in this study. The process consisted of ten steps including; assessment of the need for a new curriculum, identification and …

A Study Of Perceptions Held Toward Teacher Evaluation Policies And Practices By Teachers And Their Supervisors In Adventist Schools In Canada, Dave Densil Higgins

Dissertations

Problem. Most school administrators and teachers deem teacher evaluation systems to be extremely stressful, of little or no value, and a barrier to high staff morale. The purpose of this study was to investigate the current teacher evaluation policies and practices and the perceptions held toward these policies and practices by selected elementary and secondary' teachers and their supervisors in the Adventist schools in Canada.

Method. The population of this study consisted of selected elementary and secondary teachers and their supervisors in the Adventist schools in Canada. Two hundred and twenty-five teachers and 48 supervisors were surveyed. The survey …

Academic Persistence And Attrition Among Freshman Traditional And Non-Traditional Students At A Public Midwestern Commuter University, Arnold W. Illanz

Dissertations

Problem. This research examined student background characteristics, student social and institutional integrations, and their relation to attrition rates of freshman students at a public Midwestern commuter university.

Method. A quantitative research methodology based on empirical data collection was used utilizing a 101-question research instrument consisting of two sections: student demographic, and five factorially derived scales developed by Pascarella and Terenzini (1980) which operationalized Tinto's (1975) conceptual model of college student withdrawal. Chi-square, analysis of variance, and Pearson product-moment correlation were used to identify factors related to student academic persistence and attrition.

Results. The study found that, in general, factors external …

The Seed In Genesis 3:15 : An Exegetical And Intertextual Study, Afolarin Olutunde Ojewole

Dissertations

The Topic

This dissertation seeks to ascertain the meaning and referent of the “seed” and its related pronouns in Gen 3:15.

The Purpose

The meaning and referent of “seed” and its related pronouns in Gen 3:15 have been discussed throughout the history of Jewish and Christian interpretation. This dissertation analyzes Gen 3:15 exegetically, intratextually, and intertextually, tracing the meaning of this “seed” in Genesis, the rest of the Old Testament, and the New Testament. The Introduction briefly surveys the centuries of the Jewish and Christian interpretations of Gen 3:15 classifying them into related categories such as literal, naturalistic, historical, political, …

The Early Bronze Age Ceramic Assemblage From Tell Ta'annek, Palestine, Mark S. Ziese

Dissertations

The problem

Greenberg has recently stated that isolating temporal ceramic indicators for the Early Bronze II-III periods is "one of the thorniest issues in the archaeology of Palestine" (2000: 183). Part of theproblem stems from the homogenous nature of ceramic assemblages from Early Bronze Age Palestine; part of it stems from a continued lack of published information. Both of these issues are addressed by this study. Excavations at Tell Ta`annek between 1963 and 1967 unearthed the remains of a multi-period site, including the residues of an Early Bronze II-III fortified settlement. It is purposed here to isolate that portion of …

Exemplary Bilingual Teachers In Puerto Rico: A Multiple-Case Study, Aurea Laracuente Araújo

Dissertations

Problem. Within a context of inadequate pre-service training, insufficient administrative support, and an ambivalent social environment regarding the teaching of ESL in Puerto Rico, a number of conscientious bilingual teachers try to overcome the odds of the system and have an impact on students' ability to speak English. Some even become exemplary teachers. How do they learn to meet so many expectations successfully in spite of real short comings found in their job, and how do they acquire the skills and competencies necessary to be exemplary bilingual teachers in Puerto Rico?

Method. A qualitative multiple-case study design was …

The Effectiveness Of The Writing Workshop Model To Teach An English-As-A-Second-Language College Writing Course In Puerto Rico: A Look At Students' Outcomes, Marie Jacqueline Agésilas

Dissertations

Problem. Questions have been raised regarding the number of limited-English-proficient students who enter undergraduate schools every year. This study was designed to look at the effectiveness of the Writing Workshop model in improving English-as-a-Second-Language (ESL) college students' writing skills in a small liberal arts university in Puerto Rico.

Method. Students registered in two Intermediate English-as-a-Second-Language writing classes were asked to take a pretest-posttest related to writing skills and a pretest-posttest related to composition skills to indicate their level of agreement for each of the 22 statements on a Likert-type (survey) instrument--strongly disagree (1) to strongly agree (4)--related to their attitudes …

The Roles And Attributes Of Human Resource Leaders During Organizational Restructuring, Alison Anne Brown

Dissertations

Problem. As the number of organizations involved in major restructuring increases, Human Resource (HR) leaders find themselves in a labyrinth of evolving roles. How might they facilitate the organization's desire to successfully wed human needs and experiences to profit expectations and strategies?

Purpose. This qualitative study seeks to increase understanding of the dual role played by human resource leadership, as they are both survivors and facilitators of organizational restructuring. It answers the overarching question: What are the unique contributions made by HR leaders to the organizational restructuring process?

Methodology. Through a purposive sampling process, 11 HR leaders were identified who …

A Descriptive Multiple Case Study Of Caucasian Female Suicide Attempters: Risk And Protective Factors, Janice Johnson Browne

Dissertations

Problem

Suicide is a problem globally and in the United States. Suicide rates for youth have remained particularly high. Caucasian men complete more suicidal acts than women, but women are more frequent suicide attempters. To gain information about the phenomenon of female suicide attempting, it is important to study the attempter. Awareness of risk and protective factors is necessary to intervene and prevent future incidences of suicide and suicide attempting.

Methodology

For this research a descriptive case study design was utilized. Three suicide attempters who had attempted suicide one or more times in the past was the sample population for …

Thin Layers And Camouflage: Hidden Pseudo-Nitzschia Spp. (Bacillariophyceae) Populations In A Fjord In The San Juan Islands, Washington, Usa, J. E. B. Rines, Percy L. Donaghay, M. M. Dekshenieks, J. M. Sullivan, M. S. Twardowski

Graduate School of Oceanography Faculty Publications

Two sets of observations were made on the distribution of Pseudo-nitzschia taxa in a fjord in the San Juan Islands, Washington, USA. From May 21 to 31, 1996, we observed the spatio-temporal distribution of a dense bloom of P. fraudulenta. Microscopic observations of live material were compared to physical-optical water-column structure, currents and wind. At the start of the study, dense concentrations of Pseudo-nitzschia spp. were observed directly at the surface. Optical profiles indicated that most cells were concentrated in a thin layer at ~5 m depth, which appeared to be contiguous throughout the sound. Several days later, sustained …

Manifest Destiny Adapted For 1990s’ War Discourse: Mission And Destiny Intertwined, Roberta L. Coles

Social and Cultural Sciences Faculty Research and Publications

Civil religious themes have long been integral to public discourse in America. Specifically the themes of mission and destiny best known in the farm of Manifest Destiny, still carry the country through periods of foreign conflict. This paper analyzes the discourses of President George Bush during the Persian Gulf War and President Bill Clinton during the Kosovo conflict. I identify the themes of mission by example and mission by intervention and argue that these forms of mission are intertwined. The use of these themes by presidents of different political parties indicates that while they remain useful, they are adapting for …

A Study Of The Reported Long-Term Attitudinal And Behavioral Effects Of An Eighth-Grade Environmental Education Project And The Development Of An Innovation Configuration To Promote Environmental Education, Jean Lomino

Dissertations

Problem. Increasing scientific evidence reveals that this planet is in serious environmental jeopardy. Since 1977, when an international group of K-12 educators met in the USSR and established goals for teaching environmental education worldwide, many schools have endeavored to fulfill these goals through the use of various curricula and teaching strategies. Although some progress has been made, most K-12 public schools have not done enough to meet the demands of environmental problems. In 1996, my co-teacher and I designed and implemented an environmental project, called Mission Environment, that we hoped would help our students develop long-term positive environmental attitudes …