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 …

"Super Jumbo" Problem: Boeing, Airbus, And The Battle For The Geopolitical Future, Daniel L. Fisher

Vanderbilt Journal of Transnational Law

The commercial aircraft industry is important to the United States for both economic and political reasons. Economically, commercial aviation has been the linchpin of the military-industrial complex and a positive actor on many other segments of U.S. industry. Politically, Boeing has ensured the lead of the United States in the aviation industry and aviation exports, which have a beneficial effect on the ability of the United States to export geopolitical power.

Cognizant of this salutary effect of a successful aviation industry on the United States, Europe created and financed Airbus as a direct competitor to Boeing, hoping it would play …

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 …

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 …

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 …

From Harlem To Havana: Sustainable Urban Development Symposium - Environmental Law And Sustainable Development , Sheila R. Foster

Faculty Scholarship

Consider two remarkable places: Harlem, New York and Old Havana, Cuba. These are two different neighborhoods, cities, countries, political systems, economies, and cultures. Yet these two neighborhoods are bound together by a common phenomenon unlimited by geography or differences in political and economic systems. The global prosperity of the last two decades has created historic opportunities to usher in development and revitalization efforts in neglected urban areas across the world! Governments, along with the private sector, have moved capital back to cities or neighborhoods that became endangered from years of disinvestment, lack of economic opportunities, and inadequate access to essential …

On The Path To Inclusion, John D. Feerick

Faculty Scholarship

It is an honor for me to be invited to address you at this Annual Luncheon. You have worked hard to bring opportunities to members of the minority community. You have made possible the realization of many aspirations while continuing the struggle toward equal opportunity for all people.* Thirty-nine years ago, Martin Luther King, Jr., spoke to the soul of the nation, sharing his vision of an America that would "one day...rise up and live out the true meaning of its creed-'We hold these truths to be self evident, that all [persons] are created equal." His idea and the opportunity …

Unrealized Torts, Benjamin C. Zipursky, John C.P. Goldberg

Faculty Scholarship

No abstract provided.

The Real Properties Of Contract Law, Michael Madison

Faculty Scholarship

No abstract provided.

Appendix One, When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electrocution And Lethal Injection And What It Says About Us, Deborah W. Denno

Faculty Scholarship

Appendix One is the first of three appendixes that follow the article, When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us. Appendix One contains twenty tables detailing a range of information, including the following: the methods of execution by state, the numbers of electrocutions and lethal injections, botched electrocutions and lethal injections, types of lethal injection statutes, types of lethal injection chemical combinations, quantities of lethal injection chemicals, last meal and time of execution, the number and qualifications of executioners, the involvement of medical personnel, problem prevention procedures …

Mcnair Research Journal

Georgia Southern University McNair Scholars Journal (Archived)

• An Examination of Gender Among an African American Ballot: How a Major Metro Daily Framed Atlanta's Mayoral Election Chamica Armstrong

• Effect of Ankle Bracing and Ankle Taping on Postural Control Christina Barnes
  

• Health of Southeastern Native Americans After European Contact Heather D. Brown

• Strategies to Improve the Reading Skills of Gifted Students Elizabeth Sneed Kirkland
  

• The Desegregation of Statesboro High School, 1954-1964 Shameka Milton
  

• The Values of Adolescents Kaneshia Robinson
  

• Religious Background, Moral Thinking, and Behavior in College Students Tiffany Thomas
  

• Cultural Variations of Body Image Perception Among College Students Shantea Whitehead
  

Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve

Faculty Articles

This essay first presents an overview of key legal principles that support sustainability. This essay then reviews the major alleged risks of agricultural biotechnology. It then describes the existing U.S. and European agricultural biotechnology regulatory system designed to control those risks. Next, this essay analyzes the existing U.S. regulatory system using sustainability principles. In the course of that analysis, this essay considers lessons to be derived from three case studies: the permitting of Starlink™ corn, the discovery of Mexican maize containing genetically engineered corn genes, and the possible permitting of transgenic salmon for ocean fish farming. This essay also considers …

Reflections [Complete Issue : First Quarter 2002], Sigma Theta Tau International, Betty J. Hill, Diana Morris, Sandra Hanson, Tony Butterworth, Jean Watson, Rudiger Bauer, Bonnie L. Saucier, Hannele Tittanen, Donna Brandmeyer, Maureen P. Tippen, Roberta R. Greene

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

My evolving self: From Dean to faculty member, …

Reflections [Complete Issue : Fourth Quarter 2002], Sigma Theta Tau International, Emily Bond, Eve Franklin, Mary Wakefield, Alan Pearson, Therese Connell Meehan, Siobhan O'Halloran, Jeanette Maliha-Nebus, Iain Graham, Charlene A. Casazza, Siriorn Sindhu, Somjai Puttapitukpol, Graham J. Mcdougall, Lynn Rew, Lorraine O. Walker, Alexa Stuifbergen, Dolores V. Sands, Greg Roberts

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Remembering Nurse Nancy

The Girl Who Knew Too Much: …

Teoretické Interpretace Transformace Ve Středni A Východni Evropě (Theoretical Interpretations Of Central And East European Post-Communist Transformations), Petr Pavlinek

Geography and Geology Faculty Publications

Post-communist transformations have been approached and interpreted differently by different academic disciplines and their respective subdisciplines. This paper provides a critical review of traditional and alternative views of changes in Central and Eastern Europe since the collapse of state socialism. In particular, it focuses on neo-liberal and neoclassical economic interpretations and neo-marxist state to private capitalism thesis as examples of traditional interpretations of post-communist transformations. Alternative views critically reviewed in this paper are based on evolutionary and institutional economics, the analysis of networks of economic embeddedness, the Marxist analysis of production processes, and regulation theory. The differences between these traditional …

Excellence In Nursing Education & Research [Complete Issue : Third Quarter 2002, Vol. 3, 3], Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency: Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Evidence, ideas and actions:New reports …

Excellence In Nursing Education & Research [Complete Issue : Second Quarter 2002, Vol. 3, 2], Carla L. Mueller, May L. Wykle, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency: Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Teaching at a distance via …

Excellence In Nursing Administration [Complete Issue : First Quarter 2002, Vol. 3, 1], Pamela Klauer Triolo, Paula Hansen, Yasmin Kazzaz, Laura Hieronymus, Patti Geil, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency: Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Moving beyond customer service: Addressing …

Excellence In Nursing Administration [Complete Issue : Third Quarter 2002, Vol. 3, 3], Pamela Klauer Triolo, Tricia Lewis, Johnie Leonard, Mary Shepherd, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency: Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Creating a culture of excellence …

Regulations Against Corporate Tax Shelters: Should We Keep Them?, Cecilia Chui

University of San Francisco Law Review

No abstract provided.

Symposium: Teaching Values In Law School Preface, Richard Zitrin

University of San Francisco Law Review

No abstract provided.

Teaching Values--The Center For Applied Legal Ethics, Joshua P. Davis

University of San Francisco Law Review

No abstract provided.

Teaching Empathy In Law School, Joshua D. Rosenberg

University of San Francisco Law Review

No abstract provided.

The Fine Art Of Copyright Protection: A Suggestion For Change In The Application Of The Fair Use Doctrine, Joshua W. Andrews

University of San Francisco Law Review

No abstract provided.

The California Death Penalty: Prosecutors' Use Of Inconsistent Theories Plays Fast And Loose With The Courts And The Defendants, Steven F. Shatz, Lazuli M. Whitt

University of San Francisco Law Review

No abstract provided.

Proudly Political, John Denvir

University of San Francisco Law Review

This article talks about the role of Supreme Court in American democracy. Further it expands on the theories of Constitutional Self-Government offered in the book by Professor Eisgruber.

Are Judges Really More Principled Than Voters?, Roderick M. Hills Jr.

University of San Francisco Law Review

Chris Eisgruber's Constitutional Self-Government gives federal judges broad discretion to read what they take to be our moral convictions into the United States Constitution.

Eisgruber's House Of Lords, Jeremy Waldron

University of San Francisco Law Review

The conditions of judicial appointment and tenure were supposed to be the key to Eisgruber's defense of the power of the courts in the American system. But all they do is deepen our puzzlement about this peculiar kind of "democratic" arrangement.

Guilt By Association: Proposition 21'S Gang Conspiracy Law Will Increase Youth. Violence In California, Lizabeth N. De Vries

University of San Francisco Law Review

In March 2000, Proposition 21 enacted two revisions to the California Penal Code that dramatically altered the identification and punishment of fringe-offenders. First, a defendant need not be a member to be charged as an active participant in a gang. Second, and most importantly, Proposition 21 enacted a conspiracy law allowing gang participants to be charged as co-conspirators for any crime a fellow gang member commits. Under this newly created conspiracy theory, a juvenile may now be sentenced for a gang-related crime in which he did not participate.