Digital Commons Network^™

Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson

Michigan Law Review

Jessica Litman believes the public needs a very good copyright lawyer, and if I have not mistaken her intentions, she is volunteering for the job (pp. 70-73). A century of Congressional deference to industry-negotiated compromises has produced, she argues, a copyright law that is both incomprehensible and unfair. This incomprehensibility might be tolerable if copyright law governed only commercial relations among industry participants, all of whom have copyright counsel. To the extent that copyright law applies to the conduct of ordinary persons, its incomprehensibility presents serious difficulties. Moreover, to the extent that copyright law makes illegal many ordinary activities of …

The Contested Right To Vote, Richard Briffault

Michigan Law Review

For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000 must have been more than a little disconcerting. In the election for our most important public office - our only truly national office - the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot …

Contract Rights And Civil Rights, Davison M. Douglas

Michigan Law Review

Have African Americans fared better under a scheme of freedom of contract or of government regulation of private employment relationships? Have court decisions striking down regulation of employment contracts on liberty of contract grounds aided black interests? Many contemporary observers, although with some notable dissenters, would respond that government regulation of freedom of contract, particularly the antidiscrimination provisions of Title VII of the Civil Rights Act of 1964, has benefited African Americans because it has restrained discriminatory conduct by private employers. Professor David E. Bernstein challenges the view that abrogation of freedom of contract has consistently benefited African Americans by …

Marriage And Belonging, Ann Laquer Estin

Michigan Law Review

Marriage is a quintessentially private institution. Justice Douglas put the point this way in 1965, writing for the Supreme Court in Griswold v. Connecticut: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association …

The Electrical Deregulation Fiasco: Looking To Regulatory Federalism To Promote A Balance Between Markets And The Provision Of Public Goods, Jim Rossi

Michigan Law Review

Over the last thirty years, regulators have deregulated just about every regulated industry. In no industry has deregulation raised as much fear and concern as in electric power markets. Even before the Enron debacle, a crisis that is more about the failures of corporate than regulatory law, it was clear that something had gone seriously wrong in the turn towards deregulation of electric power. Recent events in California are illustrative. In early 2000, consumers in California, the first state to deregulate retail power markets on a mass scale, saw repeated months of power interruptions. Many utility customers experienced a risk …

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

Scholarly Works

This article examines negotiations toward a Free Trade Area of the Americas (FTAA). It seeks to discern what key negotiating parties want out of such an agreement, and the means through which they have sought to achieve their disparate goals.

The United States and Brazil, in particular, have employed complex negotiating strategies in order to gain theupper hand - strategies prompted by a variety of economic and political dynamics at domestic andsubregional levels. These dynamics include the significant pressure exerted on U.S. policy-makers by constituent groups sensitive to globalization's impact on labor and the environment, as well as the challenge …

Transformational Leadership And Moral Discourse In The Workplace And Civil Society, John W. Frank

UNF Graduate Theses and Dissertations

This study was grounded in the theory and practice of transformational leadership, where leaders function as moral agents of change as they facilitate values talk (moral discourse) among their constituents. The study took its cue from Rost's call for a new paradigm for leadership ethics that calls for methods of group moral decision making to assess organizational and social ends. The inquiry sought to better understand how leaders engage others in moral conversation and how such processes influence organizational culture and democratic civil society.

The methodology was qualitative and phenomenological as it was centered on leaders' perceptions of their experiences …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Market Orientation, Competitive Strategy Type And Performance In Independent Retail Businesses : A Contingency Analysis In A Market Town Context, Philip Rhys Megicks

Plymouth Business School Theses

In recent years there has been significant interest in the performance of independent retail businesses located in UK market towns as they face up to new patterns of competition and demand. However prior to this study there has been only a very limited understanding of the factors that contribute the success and failure of these individual small businesses. This thesis fills a gap in the literature relating to the performance of these small firms through empirical analysis and the application of management research methods in a contextual setting. Based upon a comprehensive review of relevant literature spanning the boundaries of …

Recognizing Or Disregarding Close Personal Relationships Among Adults? The Report Of The Law Commission Of Canada And The Federal Income Tax, David G. Duff

All Faculty Publications

Beyond Conjugality, the Report of the Law Commission of Canada on close personal relationships among adults, reviews a number of federal statutes in which legal consequences turn on specific kinds of relationships among adults, and it proposes a new methodology for assessing existing or proposed legal rules that employ relational terms in order to accomplish their objectives. This comment on the Report addresses its most significant recommendations regarding personal income taxation and income support in Canada: that the tax credit for spouses and common law partners should be repealed and that the GST credit should be fully individualized. Questioning both …

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 Octofoil, January/February 2002, Ninth Infantry Division Association

The Octofoil

The Octofoil is the offical publication of the Ninth Infantry Division Association, Inc., an organization formed by the officers and men of the 9th Infantry Division in order to perpetuate the memory of fallen comrades, preserve the esprit de corps of the Division, promote peace and serve as an information bureau about the 9th Infantry Division. The Association is made up of 9th Infantry veterans from WWII and Vietnam, spouses, widows and lineal descendants.

"Just Trying To Spread The Groove" Creating And Sustaining Community Online At Phishhook.Com, Daniel J. Lair

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

No. 1 - Legal Systems In Transition, Ivana Janu, Josef Bejcek, Gabriel M. Wilner

Occasional Papers Series

A January 24-28, 2000 visit by Justice Ivana Janu, Dean Josef Bejcek, and some of the Czech colleagues to the Dean Rusk Center and the University of Georgia provided an occasion for the exchange of ideas concerning transition in the legal structure and content in the former Socialist states of central and eastern Europe. Justice Janu and Dean Bejcek prepared papers and agreed to their publication. The availability of these two important papers, one on constitutional courts and the other on transitions in commercial law, rendered to the Rusk Center the necessary impetus for the creation of the Occasional Papers …

Development Of An Online Medical/Surgical Course For Selected Students At Aurora University, Vi Wilkes

Abraham S. Fischler College of Education ETD Archive

The problem was that several students in the baccalaureate nursing program at Aurora University (AU) experienced problems fitting required courses into their schedules. These students requested an alternative to class attendance in the course, Nursing Care of Person with Acute Health Problems (NUR 380). The purpose of this practicum was to develop an online version of NUR 380 for selected students enrolled in the nursing program at AU. Two research questions for this study were (a) what is the best design for the online course? And (b) can this method of delivery be partially integrated into the traditional classroom?

.Six …

A Study To Determine The Relationship Between Where African American Students Graduated High School In New Jersey And Their Participation In Co-Curricular Activities In College, Jocelyn D. Briddell

Abraham S. Fischler College of Education ETD Archive

African American women at Douglass College do not seem to be involved in mainstream campus organizations and activities. It has been suggested the students who come from urban areas in New Jersey are less involved in co-curricular activities because of a lack of state funding. Therefore, the purpose of this study is to determine whether there is a relationship between where African American Douglass women graduated from high school in New Jersey and their participation in co-curricular activities.

There was one research question for this study: Is there a relationship between student participation in co-curricular activities based upon whether the …

An Evaluation Of The Professional Development Of Credentialed Ministers Of The Assemblies Of God In Victoria, Australia, Brendan Roach

Abraham S. Fischler College of Education ETD Archive

The Assemblies of God (AOG) in Victoria is a diverse fellowship of Churches, ministers, and non-Church organizations. The fellowship has been growing in numbers and diversity significantly over the last 20 years. This diversity has made it increasingly difficult to run training programs that are relevant to individual needs. The problem is that the perceived professional development needs of AOG in Victoria ministers are unknown. It is also unknown if past professional development programs have met the perceived needs of the ministers.

The purpose of this study was to evaluate the perceived needs of credentialed ministers of the AOG in …

Development Of An Accounting Curriculum For The Devry Institute Of Technology, Arthur A. Gillis

Abraham S. Fischler College of Education ETD Archive

The problem is that the DeVry Institute of Technology (DeVry) has been unable to market its accounting program effectively since its curriculum is not current and lacks computer applications. The purpose of the project is to develop an accounting curriculum that is professionally current and includes computer applications.

There were six research questions that needed to be answered in this study. First, what learning objectives should be included in each of the six core accounting classes; second, what will constitute valid measurements as to the learning objectives; third, what recommendations should be included in the applicable curriculum guides for the …

Development, Implementation, And Evaluation Of A Study Abroad Program In Rome, Italy For Mount Mary College, Yvonne M. Hennigan

Abraham S. Fischler College of Education ETD Archive

The problem addressed in this project was that although Mount Mary College wants enrolled students to have an international experience, the college seeks also to prevent the loss of tuition when students study abroad. The mission of the all women Catholic college was committed to the development of the whole woman. The vision of the college was to educate women to transform the world.

The conflict between the president of the college wanting students to study abroad and the loss of revenue when students leave to study abroad was serious and problematic. The purpose of the project was to provide …

Development Of Adapted Yoga Program For Symptom Relief Of Chronic Pelvic Pain Syndrome With Plans For Implementation And Evaluation, Wendy Lou Gross

Abraham S. Fischler College of Education ETD Archive

The purpose of this study was to develop an adapted yoga program for chronic pelvic pain syndrome (CPPS) and to plan for the implementation and evaluation at the Community Wellness Center of the Palm Beaches. The problem is that a significant number of men a re suffering from CPPS.

Five research questions were addressed. What are the appropriate contents of an adapted yoga program for relief of symptoms associated with CPPS? What is the appropriate design? What are effective methods to raise awareness? How should the proposed program be implemented? What are the appropriate criteria for an evaluation of the …

Development And Evaluation Plans Of A Denominational Program To Equip Local Church Leaders With Creative Thinking And Problem Solving Techniques, Richard C. Harris

Abraham S. Fischler College of Education ETD Archive

The problem investigated within the Free Methodist Church was that church leaders (pastors and lay leaders) lacked skills in how to proactively engage churches in creative thinking and problem solving. The purpose of this project was to develop a program to help church leaders improve creative thinking and problem-solving skills and to design a plan for evaluating such a program.

There were four comprehensive research questions for this study. The first was "What is the subject matter of a comprehensive program for developing in church leaders the skills and attitudes needed to improve creative thinking and problem solving? The second …

Development Of A Marketing Plan To Increase Enrollment At Windward Islands School Of Evangelism, With Plans For Implementation And Evaluation, Simeon Norton

Abraham S. Fischler College of Education ETD Archive

The problem under investigation was the low enrollment at the Windward Islands School of Evangelism (WISE), although WISE offers full scholarship to all applicants who are accepted. After 21 years of existence in the Caribbean, and offering a program with assistance that no other institution in the region offers, the student enrollment at WISE ought to be higher than what it has been. The purpose of this project was to develop a marketing plan that will render assistance to the alleviation of the problem of low student enrollment at WISE.

Five research questions guided this Applied Dissertation. First, "What are …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Progress Of Passion, Kathryn Abrams

Michigan Law Review

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal …

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …

Pragmatism Regained, Christopher Kutz

Michigan Law Review

Jules Coleman's The Practice of Principle serves as a focal point for current, newly intensified debates in legal theory, and provides some of the deepest, most sustained reflections on methodology that legal theory has seen. Coleman is one of the leading legal philosophers in the Anglo-American world, and his writings on tort theory, contract theory, the normative foundations of law and economics, social choice theory, and analytical jurisprudence have been the point of departure for much of the most interesting activity in the field for the last three decades. Indeed, the origin of this book lies in Oxford University's invitation …

What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White

Michigan Law Review

One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …

Bulletin 2002-2003, Seattle University School Of Law

Viewbooks

No abstract provided.

Understanding And Implementing Ssars No. 8; Aicpa Practice Aid Series;, J. Russell Madray, Leslye Givarz

Guides, Handbooks and Manuals

No abstract provided.

Cpa Eldercare : A Practitioner's Resource Guide;, Jay H. Kaplan, Pamela W. Kaplan, Julie Gould

Guides, Handbooks and Manuals

No abstract provided.