Digital Commons Network^™

Shortcomings In U.S. Federal Tax Regulatory Regime Of Private Foundations: Insights For Australia, Nina J. Crimm

Vanderbilt Journal of Transnational Law

This Article addresses the need for a more comprehensive regulatory scheme of Australia's nonprofit organizations, particularly its private foundation type structures. By considering the strengths, and more importantly, the weaknesses of the U.S. tax regime of private foundations, Australia can avoid pitfalls that accompany the development of Australia's laws and regulations. The Article begins by exploring the history, nature, and culture of Australia's nonprofit sector. After outlining the structure of the sector, the Article focuses on the potential for abuses if prescribed private funds are not given appropriate attention to avoid such abuses. Then, the Author details the U.S. nonprofit …

Human Rights Responsibilities Of Private Corporations, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Article discusses the human rights responsibilities of private corporations. Part I addresses how decisions and activities of multinational corporations impact human rights. Part II examines corporate liability under human rights laws by examining trends in judicial decisions in the United States and foreign states and human rights instruments. Part III explores the types of human rights deprivations that multinational corporations might cause. The Article concludes by predicting that there will be increasing scrutiny of corporate deprivations of human rights at the domestic, regional, and international levels.

Japan's Communications Interception Act: Unconstitutional Invasion Of Privacy Or Necessary Tool?, Lillian R. Gilmer

Vanderbilt Journal of Transnational Law

In August 1999, Japan became the last of the G8 nations to pass legislation to allow law enforcement to wiretap communications. For some, passage of the law was long overdue; for others, its passage marked the beginning of an impermissible government encroachment on civil rights. This Note examines Japan's Communications Interception Act, the forces in Japanese society creating the need for the law, and the reasons why the law is being challenged. Part II examines the policy behind the law, its history, and public reaction to the law. Part III presents the history of organized crime in Japan, and a …

Table Talk: Around The Table Of The Appellate Body Of The World Trade Organization, James Bacchus

Vanderbilt Journal of Transnational Law

In this Article, James Bacchus describes his experiences as a "faceless foreign judge" of the World Trade Organization. In this capacity, Bacchus and his six colleagues on the WTO Appellate Body hear appeals in international trade disputes among the 144 member countries and other customs territories that are Members of the WTO. Bound by the WTO Rules of Conduct, he cannot comment on cases or the specific deliberation process, but rather comments on the processes and role of the Appellate Body relative to the WTO.

Persuasion And Resistance: The Use Of Psychology By Anglo-American Corporate Governance Advocates In France, James A. Fanto

Vanderbilt Journal of Transnational Law

The Author argues that in the 1990s Anglo-American corporate governance became the dominant model for large, public firms in the international business world, and that corporate governance professionals relentlessly promoted and exported Anglo-American corporate governance throughout the developed and developing world. Contending that it is an appropriate time--if only because the U.S. recession and international hostilities have tempered the "irrational exuberance" of capital market proponents--to examine critically the advocacy of Anglo-American corporate governance, the Author proposes that an important part of the critical assessment is to explain the momentum of the dominant model: to understand why Anglo-American corporate governance appeared …

The African Holocaust: Should Europe Pay Reparations To Africa For Colonialism And Slavery?, Ryan M. Spitzer

Vanderbilt Journal of Transnational Law

For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by feelings of continued oppression, manipulation, and discrimination. These disparate views clashed most recently at the U.N. World Conference Against Racism, held in Durban, South Africa in September of 2001.

Inspired by the U.N. Conference in Durban, this Note analyzes the potential for reparations between …

World Conference Against Racism: New Avenues For Slavery Reparations?, Michelle E. Lyons

Vanderbilt Journal of Transnational Law

The reparations movement has had a long and tumultuous history, as past attempts to obtain equitable relief have failed through common law, international law, legislation, and constitutional law. However, recent developments in these areas have pushed the reparations movement to the forefront. For example, Farmer-Paellmann v. Fleetboston Financial Corp. and similar 'suits have renewed the common law claim for reparations by identifying corporations that have kept record of their involvement in slavery and naming the corporations as concrete defendants. By naming corporate defendants, as compared to governmental or individual defendants, the suits have eliminated an enormous weakness in past efforts, …

The Prosecution Of Rape Under International Law: Justice That Is Long Overdue, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

This Note argues that despite theoretical criticisms, the prosecution of rape and sexual enslavement as crimes against humanity, by the International Criminal Tribunal for the former Yugoslavia (ICTY) fits within a larger, emerging picture of international legal jurisprudence. First, the ICTY built upon both its own prior decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), especially Prosecutor v. Akayesu, in order to close gaps in the international legal conceptualizations of rape and enslavement, torture, war crimes, genocide and crimes against humanity. Second, building upon the example set by the ICTR, the ICTY broadened international protections of …

Corrections To Laurel S. Terry, Gats' Applicability To Transnational Lawyering, Laurel S. Terry

Vanderbilt Journal of Transnational Law

In October 2001, the Vanderbilt Journal of Transnational Law published an article I wrote entitled GATS' Applicability to Transnational Lawyering and its Potential Impact on U.S. State Regulation of Lawyers, 34 Vand. J. Transnat'l L. 989 (2001). (This article was part of an April 2001 Symposium on Lawyer Ethics in the 21st Century: Global Legal Practice.) After my article was published, I came to discover several mistakes in it. The pages that follow are my corrections to that October 2001 article. I am very grateful to the editors of the Vanderbilt Journal of Transnational Law for the opportunity to publish …

The United States Dropped The Atomic Bomb Of Article 16 Of The Icc Statute, Mohamed E. Zeidy

Vanderbilt Journal of Transnational Law

This Article discusses the recent adoption of the Security Council Resolution 1422 and its impact on international law. The Author asserts that the United States--a major proponent of Resolution 1422--desires to immunize its leaders and soldiers from the International Criminal Court's jurisdictional powers. The Author begins by describing the drafting history of Article 16 and its legal consequences. Upon highlighting the most significant reasons for opposing Resolution 1422, the Author delineates how the Resolution mirrors the inconsistency with the United Nations Charter and the Law of Treaties. Finally, the Author concludes that Resolution 1422 should be rejected because it violates …

The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Usman

Vanderbilt Journal of Transnational Law

This Note explores the evolution and maturation of Iranian Islamism from the revolutionary elites through the contemporary reformers of the 21st century. The Author examines the conflicting ideological influences that are shaping the Islamist movement in Iran. This Note begins by presenting the framework of the fundamental contradictions that underlie Iranian Islamist ideology. The analysis of the Iranian Constitution is divided into an exploration of the institutional role of the clerical elites in the form of the faqih and the Council of Guardians, the constitutionally defined role of women, the democratic elements in the Iranian Constitution, and Marxism and environmentalism …

Health Versus Trade: The Future Of The Who's Framework Convention On Tobacco Control, Alyssa Woo

Vanderbilt Journal of Transnational Law

On October 16, 2000, the World Health Organization (WHO) began the first session of negotiations of its first international health treaty, the Framework Convention on Tobacco Control (FCTC). Scheduled for adoption in May 2003, the FCTC is a comprehensive multilateral treaty that will cover everything from tobacco smuggling to tobacco advertising and the extent of the liability of tobacco companies.

This Note argues that even-handed domestic measures implementing the FCTC will be protected from international, trade-based complaints because the World Trade Organization's dispute settlement system has given sufficient and appropriate content to the health exception to the normal trade rules …

In Vindication Of Justiciable Victims' Rights To Truth And Justice For State-Sponsored Crimes, Raquel Aldana-Pindell

Vanderbilt Journal of Transnational Law

In this Article, Professor Aldana-Pindell explores the norms establishing a state's responsibility to grant victims of human rights violations adequate rights in the criminal prosecution process as a remedy for their victimization. She argues that victim-focused prosecution norms comport and provide more effective means of promoting respect for human rights, in certain nations in democratic transition from mass atrocities. Moreover, she suggests that, as part of other justice reforms, states plagued with impunity should adopt criminal procedures granting surviving human rights victims greater standing in the prosecution process. Professor Aldana-Pindell then uses Guatemala to examine the factors that compel the …

Chinese Business And The Internet: The Infrastructure For Trust, Timothy L. Fort, Liu Junhai

Vanderbilt Journal of Transnational Law

Although the Internet and E-commerce revolutions have clearly taken hold in the United States and Europe, the Chinese culture has been slow to adopt the Internet as a marketplace. The Authors cite a lack of trust on the part of both potential consumers and potential merchants as the primary obstacle to a robust Chinese E-commerce community. To remedy this lack of trust, the Article proposes the nation seek a middle way between reforms guided by Western rule of law and Eastern rule of ethics, thus incorporating effective regulatory strategies and the philosophical resources already within the Chinese cultural consciousness. The …

The Fullest Possible Accounting: The Myth Of American Pow/Mias In Southeast Asia, David L. Sutton

Iowa Journal of Communication

This essay examines the Vietnam War POW/MIA myth, the belief in the existence of living, breathing Americans soldiers still held captive in the remote jungles of Southeast Asia. This essay takes the position that the Vietnam War POW/MIA myth is not the sole product of a slick and manipulative U.S. government public relations campaign; rather, this contemporary myth finds its origin in the American monomyth, a long-standing cultural narrative.

Writing To Learn In Speech And Other Performance-Based Courses, Nichola D. Gutgold

Iowa Journal of Communication

Goal: That writing will increase thoughtfulness, text use and student interaction in speech courses and other performance-based courses.

Speech courses are often so performance-based that students disregard lecture materials in lieu of focusing intently on their speech performances. This classroom exercise and graded course assignment promotes better writing, increases thoughtfulness about the course material, increases text use and requires students to interact (thus producing many more communication opportunities)!

Iowa Journal Of Communication, Volume 34, Number 2, Fall 2002 [Download Entire Issue]

Iowa Journal of Communication

No abstract provided.

Using Role-Playing To Demonstrate Processes Of Group Problem-Solving, Paul J. Siddens Iii

Iowa Journal of Communication

Goal: To demonstrate the many theoretical and practical dynamics that exist within group decision making and problem solving processes.

One of the most difficult parts of teaching group process to communication students, particularly in the basic communication course, is finding classroom activities and assignments that realistically, and clearly, demonstrate to our students the many theoretic and practical dynamics that exist within group decision making and problem solving processes. Student group presentations are often composed of a set of preprepared informative and/or persuasive speeches that each student delivers, then a decision is reached by taking a vote. In such presentations students …

What Would Buffy Do? The Use Of Popular Culture Examples In Undergraduate Library Instruction., Jerilyn Marshall

Faculty Publications

This paper presents results of a survey that gathered information on the use of popular culture examples in college library instruction sessions; including the types of popular culture materials currently being used as examples; the types of courses in which they are used; the librarians' purposes in using the examples; and the librarians' impressions of whether or not the examples had an effect on the success of the session. A call for participation in the survey was distributed through two online discussion lists; BI-L and LIBREF-L during December 2001. Librarians working at the University of Northern Iowa were also invited …

A Preferred Vision For Administering Secondary Schools : A Reflective Essay, Steven A. Winters

Graduate Research Papers

This paper will examine how the role of the administration, teachers, community, and students, communication, staff development, and safety all affect the school's climate and culture. As Lyman (2000) found, the "culture of a school has important and far-reaching effects on the thinking and actions of students and teachers" (p. 145).

Storm Deposition Of Pisoids In The Humboldt Oolite Member Of The Gilmore City Formation (Mississippian), North-Central Iowa, Shawn C. Thomas, John R. Groves

Journal of the Iowa Academy of Science: JIAS

Pisoids (concentrically laminated carbonate grains, > 2 mm in diameter) are abundant in the upper Humboldt Oolite Member of the Gilmore City Formation (Mississippian). Their cortices are isopachous and nuclei include both intraclasts and fragments of preexisting

pisoids. They occur both as floating grams m a fine grainstone matrix and concentrated at the bases of distinct layers that may be crudely graded beds. Sorting characteristics and the presence of broken and abraded pisoids suggest not only their origin as primary free grams, but also storm influence in the deposition of local pisolite layers. Regionally, the upper Humboldt Oolite is characterized by …

Judicial Restraints On Illegal State Violence: Israel And The United States, John T. Parry

Vanderbilt Journal of Transnational Law

This Article examines the role of courts in controlling state violence in the United States and Israel. The Author considers how U.S. federal courts should respond to illegal state violence by comparing a U.S. Supreme Court case, "City of Los Angeles v. Lyons", with a case decided by the Supreme Court of Israel, Public Committee Against Torture in Israel v. Israel. Part II highlights the legal issues that were central to each court in reaching a decision, including standing, the scope of equitable discretion to craft remedies, and baseline attitudes towards illegal government action. Part III examines the doctrines discussed …

Foreign Sales Corporations--Subsidies, Sanctions, And Trade Wars, Candace Carmichael

Vanderbilt Journal of Transnational Law

The largest sanctions in the history of the World Trade Organization, the need to stabilize an ailing economy, and the need to maintain strong alliances in the face of a new global war on terrorism are all issues the United States currently faces in deciding how to resolve its dispute with the European Union regarding U.S. tax policy. In 1997, the European Union filed a complaint with the WTO claiming that the then-current U.S. tax regime violated U.S. international trade agreements. The European Union contended that the U.S. tax system gave rise to export-contingent subsidies, in violation of U.S. trade …

Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe

Vanderbilt Journal of Transnational Law

On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.

Because the …

A Comparative Analysis Of Two Course Delivery Models Through The Telequiz Protocol, A Study Of Web-Based Distance Assessment Modalities, Patrick Michael O'Shea

Theses and Dissertations in Urban Studies

Distance education and distance assessment have become the focus of many institutions of higher learning, and there is a need to know how these tools compare with those used in the traditional classroom setting. This study was designed to compare online and traditional students utilizing a mixture of quantitative and qualitative strategies in a quasi experimental model. This research was conducted at Old Dominion University using a sample of online and traditional students enrolled in an Introduction to Education course (ECI 300). Both versions of this course utilize an online quizzing protocol known as Telequiz. Quiz scores, final exam scores …

Latin American-United States Security Relations And The Power Asymmetry Divide, Matthew R. Slater

Graduate Program in International Studies Theses & Dissertations

Security relations between Latin American and the United States are generally well explained by hegemonic stability theory. Succinctly stated, hegemonic stability theory explains that in systems with a hegemonic power there is a greater likelihood of security cooperation. This is because a hegemon provides public goods, such as a stable currency or security from outside interference, and in turn, the less powerful states acknowledge the leadership of the dominant state. When compared to other regions it is readily apparent that the U.S. and Latin America do not have major security issues on the level of East Asia, the Middle East, …

Annual Report Of The Registrar 2001/2002, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

Contents:

--- Definitions
--- Annual Report Data
--- Summary of Attendance
--- Attendance by Session
--- Full-time Equivalency Enrollment
--- Degrees Granted
--- Degree Summary
--- Program Certificates
--- Pupils in Price Laboratory School
--- Miscellaneous Enrollment Information
--- Degrees Granted by College, Degree Objective, and Racial/Ethnic Classification

Retention In The Primary Grades, Joni Gunter

Graduate Research Papers

Every year children are retained because of teachers' recommendations. When teachers recommend retention, the major reason is that children are having difficulty keeping up with their peers, or they are not functioning at grade level on district or state tests. Teachers may also recommend retention if children are smaller than peers, immature, have a late birthday, have excessive absences as a result of illness, or a move, or when English is a Second Language. This study examined the benefits, problems, as well as alternatives to retention. Conclusions and recommendations were determined based on the written research on retention.

Promoting Learning Goals In The Classroom : A Preventative Approach To Motivational Problems, Marc Groen

Graduate Research Papers

This paper explores the implications of achievement goal theory for addressing motivational problems in the classroom. First, the basic elements of achievement goal theory are described and relevant empirical research that follows from this framework is reviewed. Next, the implications of achievement goal theory for designing motivationally healthy classroom environments as well as the potential obstacles to successful implementation of these design principles are examined.

A major conclusion of this review is that achievement goal theory provides an important preventative approach to addressing motivational problems in the classroom. Implications of this preventative approach to addressing motivational problems for the school …

When The Wildebeest Gets Your Berries : Adolescent Anger Management, Patresa A. Hartman

Graduate Research Papers

This study presents a review of literature regarding adolescent anger management. Problematic anger is defined as externalizing or internalizing behaviors that occur frequently enough and at a high enough level of intensity to: (1) disrupt one's everyday functioning at school, home, and/or in the community; and (2) impair one's relationships with others and one's own self-concept. The causes can be traced to a myriad of possible sources: cognitive problems; developmental problems; chronic irritability, agitation, volatility, or mood instability; or environmental stressors.

This review of studies regarding adolescent anger management programs leads to the following suggestions for school psychologists: (1) understand …