Digital Commons Network^™

Positive Democracy: Reconciling Sir Isaiah Berlin's Conception Of Positive Liberty With Democratic Theory, Andrew L. Campbell

Graduate Student Theses, Dissertations, & Professional Papers

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 …

De-Bugging Open Source Software Licensing, Robert W. Gomulkiewicz

Articles

Home computer users and businesses often rely on software developed by unconventional programmers known as "hackers." Hackers claim that the code they develop is superior in quality to the code developed by commercial software firms because hackers freely share the code they develop. This code sharing enables a multitude of programmers from around the world to rapidly find and fix bugs. The legal mechanism that enables hackers to deploy this worldwide team of de-buggers is a license agreement or, to be more precise,an assortment of license agreements known as "open source" licenses.

Although open source software developers may regularly fix …

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Articles

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power.

The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses …

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. …

Lesbigay Identity As Commodity, David M. Skover, Kellye Y. Testy

Articles

This Essay explores the deep dissonance that exists today between the validation of American LesBiGays in the commercial marketplace and their devaluation in political and legal arenas, and questions the failure of legal scholars and civil rights activists to account meaningfully for this dissonance in their theories and practices. I

n America's popular culture, LesBiGay identities abound. In its political culture, however, they emerge more tentatively. The commercial and entertainment industries increasingly commodify and celebrate LesBiGay identities. The courts and legislatures generally discount and condemn them. Thus, there is a deep dissonance between the validation of LesBiGay identities in the …

Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy

Articles

Professor Testy critically assesses what has been termed a "new" corporate social responsibility project After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social accountabiity, stakeholder theory, and corporate social responsibility (or progressive corporate law). Finding the first three ineffective foils for the problems of corporate power that have spurred calls for reform, she turns to an examination of the progressive corporate law project. That project, presently poised at a defining juncture as it attempts to use the "master's tools" to "dismantle the master's house," nonetheless holds promise for …

Deforestation Rhetoric And Japan's Timber Trade., Mari Yoshimura

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"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 …

Why Can't The Poor Access Lifesaving Medicines? An Exploration Of Solving The Patent Issue, Samantha Shoell

Minnesota Journal of Law, Science & Technology

No abstract provided.

Niche Market And Customer Analysis For The Introduction Of A Potential New Pharmaceutical Product In Peninsular Malaysia, Jeyalakshmi Rajan

Student Works (2000-2009)

Benign Prostatic Hyperplasia (BPH) is a non-cancerous condition in which the number of prostate cells increases, causing the gland to enlarge. Nearly all men develop BPH If they live long enough and about half would develop symptoms of BPH. Company A's product is one of three drugs competing for the BPH market. In view of the slow growth of its product, Company A was considering launching a new formulation. Thus, a customer and market evaluation was essential to understand the market and develop relevant marketing strategies for such a launch. The major objectives of this study were to: (a) determine …

Evidence Of Short-Run Persistence In Unit Trusts Performance In Malaysia, Chien Hwa Chong, Puay Eng Kho

Student Works (2000-2009)

The objective of this research is to determine whether there is statistical evidence in performance persistence of Malaysia unit trusts. Tests for performance persistence is also tests for weak form market efficiency of unit trusts in Malaysia. The study is also of practical value since performance persistence indicates that past performance is good prediction of future performance. If there was statistical evidence on performance persistence, then Investors should select the unit trusts to invest based on past performance of the unit trusts. Both parametric and non-parametric statistical tests were carried out to test for performance persistence. Parametric tests employed the …

Cash Flow Statement : An Empirical Study Of Voluntary Disclosure Practices Of Malaysian Companies, K. Ranchethamalar K.

Student Works (2000-2009)

Cash flow is a critical business solvency measure. The mandatory disclosures on cash flow statements do not provide all the necessary information to evaluate an entity's performance, liquidity and solvency. No prior studies so far, have thoroughly discussed the merits of providing additional information and relating it to firm specific variables. This study has two purposes. The first purpose is to provide empirical evidence on direct and indirect method of presenting operating cash flows. The second part of the study provides empirical evidence on the voluntary disclosure practices of Malaysian companies as encouraged by MASS 5 and relating it to …

Better Organization's Performance In Local Commercial Banking Industry Through Strategic Balance Strategy, Seng Wah Ling

Student Works (2000-2009)

Similarity among firms has received a great deal of attention in strategic management and organization theories. Past researches observed that firms face pressures to be different and to be the same. By differentiating, firms reduce competition. By conforming, firms demonstrate their legitimacy. Both reduced competition and legitimacy improve performance. This study addresses the performance consequences of firm-level strategic similarity with Strategic Balance Strategy, which states that moderately differentiated firms have higher performance than either highly conforming or highly differentiated firms. This study examines the relative performance of local commercial banks in Malaysia from 1995 to 2000. The study investigates whether …

Role And Status Of Elderly In The Family : A Case Study In Kampung Sg. Kayu Ara, Yeong An Gan

Student Works (2000-2009)

The purpose of this study is to understand the role and status of the respondents in the family as well as in the society and community. The study looks at among others, their health status; economic participation and contribution; and participation in social and other community activities. The result of this study shows that many older persons remain able and capable. Due to lack of activities at the local level, many older persons are compelled to retire to their own home. They are also ignorance about their own sickness especially when they have limited financial resources. Simple health checks and …

Organisational Diagnostics And Planned Organisational Change : An Application Of An Adapted Version Of Soft System Methodology ; The Case For A Private Healthcare Institution, Patricia Rita Nunis

Student Works (2000-2009)

THE RESEARCH PROJECT

This is an exploratory, qualitative study that utilises an adapted version of Soft Systems Methodology developed by Dr Mohd. Yusof Omar, to conduct an organisational diagnosis and plan interventions for change for a complex organisation. The target of the study was the 15-member senior management team of Subang Jaya Medical Centre (SJMC). Data was collected over a period of 8 months (Jan-Aug 2001), via participant observation using the framework of action research.

THE FINDINGS

It was determined that the organisation exhibited borderline capability to weather anticipated changes in the future, due to the composition of its current …

Faktor Yang Mempengaruhi Pasaran Wang Di Malaysia Serta Kesannya Ke Atas Dasar Kewangan, Azlina Abd. Aziz

Student Works (2000-2009)

Penyelidikan ini bertujuan untuk mengkaji foktor-faktor yang mempengaruhi pa.saran wang di Malaysia, khususnya bagi permintaan dan penawaran wang serta kesannya ke atas pelaksanaan dasar kewangan di Malaysia. Agregat kewangan M1, M2 clan M3 sebagai pembolehubah bergantung bagi permintaan dan penawaran wang. Bagi melihat apakah faktor yang mempengaruhi permintaan wang, sebanyak lima pembolehubah bebas digunakan yang terdiri daripada pendapatan benar, kadar diskaun purata Bil Perbendaharaan 3 bulan, kadar inflasi, hasil Bil Perbendaharaan Amerika Syarikat 3 bulan dan jangkaan kadar depresiasi. Bagi pen.awaran wang, antara petunjuk yang digunakan sebagai pembolehubah bebas terdiri daripada pendapatan benar, kadar bunga deposit bermasa 6 bulan di …

Penyimpangan Bahasa Dalam Karya Kreatif : Kajian Terhadap Novel Tok Guru Dan Di Hadapan Pulau, Mat Hassan Abdullah

Student Works (2000-2009)

Kajian ini merupakan satu kajian yang bersifat terapan, iaitu menghubungkan rumus-rumus tatabahasa dengan pelaksanaan rumus-rumus tersebut dalam penulisan karya sastera. Tujuan utama kajian ini ialah meninjau penyimpangan bahasa dalam karya sastera (prosa) yang dipilih. Kajian ini melibatkan penyimpangan tatabahasa, morfologi, dan sintaksis. Kajian ini dilakukan terhadap dua buah novel pilihan karya Sasterawan Negara, ialtu Tok Guru, karya Shahnon Ahmad dan Di Hadapan Pu/au, karya A. Samad Said. Kajian ini menggunakan kerangka Tatabahasa Transformasi-Generatif sebagai model analisis. Kajian dijalankan berdasarkan kajian kepustakaan dan analisis teks. Dapatan analisis membuktikan bahawa sememangnya berlaku penyimpangan bahasa dalam karya sastera. Dalam Di Hadapan Pu/au, dengan …

A Study Of Benjamin Graham's Stock Selection Criteria In The Kuala Lumpur Stock Exchange, Lee Fah Thong

Student Works (2000-2009)

The fundamentalists believe that all securities have an intrinsic value, which can differ from its market price and eventually. the market price of a security will gravitate towards its true value. Graham believed that even though securities market could be overall efficient. any conscientious investor could gain superior returns through pockets of inefficiencies by paying close attention to investment fundamentals and taking advantage of undervaluation and mispricing of individual securities. He also proposed ten selection criteria to identify underpriced securities. The study aims to investigate whether the portfolios formed using Grahams selection criteria could achieve superior performance in the Kuala …

Volume 26, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Ted Frankel, Arlo Litman

Managing Editor: Jason Brown

Mabopa : Sejarah Dan Perkembangan Persatuan Penerbit Buku Malaysia, Suhaillah Abdullah

Student Works (2000-2009)

Laporan Penyelidikan ini dijalankan untuk mengetahui sejarah dan perkembangan Persatuan Penerbit Buku Malaysia (MABOPA) sepanjang 31 tahun penubuhannya (1969-2001). Persatuan Penerbit Buku Malaysia merupakan antara persatuan yang bergiat aktif dalam mempertingkatkan industri perbukuan negara. Walaupun begitu, terlalu kurang sumber bertulis yang menceritakan tentang kegiatan dan peranan Persatuan Penerbit Buku Malaysia dalam arena penerbitan negara. Oleh itu, kajian ini dijalankan sebagai 'sambungan' kepada kajian perintis yang pemah dilakukan oleh saudari Rabiatuladawiah Arshad pada tahun 1991. Dalam tempoh hampir 10 tahun, kajian susulan yang di buat menunjukkan Persatuan Penerbit Buku Malaysia telah mengalami pelbagai perubahan. Realitinya Persatuan Penerbit Buku Malaysia semakin matang …

Locus Of Control And The Intention Of Being An Entrepreneur Among Managers Of Federal Development Authority Malaysia, Razaili Haji Gapor

Student Works (2000-2009)

This study examines the relationship between Locus of Control and the intention of being an entrepreneur among Federal Development Authority Malaysia (FDAM ) managers. This study first investigate the effect of Locus of Control on the intention to become an entrepreneur among 100 respondents, as measured by statistical testing on answered survey questionnaire. Further, this study extends the analysis by examining the relationship between ethnic group and the intention of being an entrepreneur among FDAM managers. The results showed a significant relationship between ethnic group and income level with the intention of being an entrepreneur among FDAM managers. This study …

Pemakaian Asas Astronomi Dalam Menentukan Arah Qiblat Di Malaysia : Suatu Pendekatan Hukum, Mohamad Amin Abu Bakar

Student Works (2000-2009)

This research is about the belief of native of Kelantan Society towards Nur Muhammad doctrine which is well-accepted doctrine amongst those who practice Islamic mysticism (Sufism) particularly in the Malay Archipelago. The purpose of this research is to see how far the impact of this doctrine on the religious belief of the native of the stated It is also aimed at seeing how much other philosophies, teachings and religious beliefs have absorbed into the Islamic belief resulting in the birth of various polemics in the religious practise among the native of Kelantan in particular. This research is divided into five …

Pemikiran Abul A'La Al Maududi Dan Pembentukan Peradaban Islam Di Benua Kecil India, Osman Md. Rasip

Student Works (2000-2009)

Disertasi ini menilai pemikiran dan sumbangan Maududi dalam peradaban Islam dan pendekatan-pendekatan yang dilaksanakan bagi pembentukan peradaban Islam khususnya di benua kecil India. Kajian ini akan memfokuskan kepada Liga aspek ulama Pertamanya latar belakang yang melatari suasana dan faktor-faktor yang mempengaruhi pemikiran Maududi. Kedua, rnelihat pemikiran beliau mengenai pembentukan peradaban Islam serta yang yang terakhir adalah aktiviti Maududi bersama Jama'ati-i lslami dalam merealisasikan idea-idea beliau. Maududi dipilih memandangkan beliau mempunyai keistimewaan tersendiri mengenai idea dan pendekatan yang digunakan dalarn era kebangkitan Islam. Beliau berbeza dengan golongan modernis yang terlalu longgar dalarn usaha memajukan urnat Islam dengan menafikan sebahagian daripada hukum-hukum …

Penglibatan Wanita Dalam Parti Politik Menurut Islam : Suatu Kajian Pemahamannya Di Kalangan Masyarakat Lembah Pantai, Aiedah Abdul Khalek

Student Works (2000-2009)

Women's involvement in political parties in Islamic perspective is an issue which carries different interpretation amongst the Islamic scholars. Nevertheless, previous researches and data in this research have shown that most Islamic scholars recommend women's involvement in politicaI parties but subject to certain conditions. The author have a view that such recommendation given by Islam for women to involve in political parties is supposed to be understood by Muslim women themselves in particular and by Muslim society in general. Therefore, apart from looking into opinions and discussions of the scholars, this dissertation shall also dig into the extent of understanding …

The Relationship Between Stock Returns And Inflation In Malaysia, Soke Ling Mau

Student Works (2000-2009)

This study starts out with an introductory chapter covering the relationship between nominal and real stock returns with inflation in a general view. Economists are still puzzled on the positive and negative relationship between stock returns and inflation as many empirical results suggest varied conclusions. The second chapter is the literature review, which consists of a few well-known authors with their own theories and hypotheses. The core 3 discussion in this chapter refers to the classical view on stock returns and inflation in 1930 and post -Keynesian view on stock returns and inflation from 1970 till 2001. Chapter Three focuses …

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 …

Peranan Agama Islam Dan Kesannya Ke Atas Perkembangan Peradaban Umat Islam Khususnya Di Alam Melayu, Zawiah Mat

Student Works (2000-2009)

This six parts dissertation is on "The Role of Islam and its Impact on Muslim Civilization Specifically in the Malay World". In the first chapter, the author introduces as an introduction, its definition and the significance of this topic, so as to give the readers overall view on this topic. Analyzing books, dissertations and academics study of scholars and also using data accumulation and data analysis has produced this historical-based dissertation by. The author also justifies the three of objectives and the methods of this study. Accumulation data method is based on library-research and fieldwork. Fieldwork involves some archaeological works …

Pemikiran Ali Shariati Tentang Ketamadunan, Ros Aiza Mohd Mokhtar

Student Works (2000-2009)

Ali Shariati was a two dimensional civilization scholar. In one dimension, he was a firm believer of the tawhidul concept. On the hand, such belief does not prevent him for being receptive and open to modem ideas as well as positive values which he saw in his people's tradition, the West and Marxisme. He came up with a practical theory and concept of civilization, capable of predicting the future. And although he had a complete ideology serving as a foundation to civilization known as Islamology, he did not deny the role of intellectuals of the society as civilization builders. His …