Digital Commons Network^™

An Approach To Operational Control Determination For The Small Or Medium Size Organization, Dawn Collins

Theses

The purpose of this work was to design and assess an effective approach for a small or medium size organization to determine appropriate operational controls for its significant environmental aspects as part of developing and implementing an ISO 14001- type environmental management system. This new approach was determined to be necessary due to the generic nature and broad applicability of the ISO 14001 standard, the lack of appropriate methodology in the professional literature, and the lack of related knowledge and ability in most small or medium sized organizations. As controlling and influencing operations is a vital characteristic of an effective …

Case Study Of Strategic Planning For Small Nonprofits, Peter Roland Jr

Theses

The Lake Placid/North Elba Historical Society suffers from the absence of planning processes that can address the long-term needs of the organization. As a result the resources of the Society are being underutilized. At present the only medium for the planning function is the monthly Board meeting, which must also address operational issues. Both new and old members of the Board have ideas regarding what they see as the past, present and future mission of the Museum and the Society. A forum or medium does not currently exist which would provide an opportunity for members of the Board and all …

Ip Telephony: The Total Solution Guide, Todd Wilson

Theses

Voice and telephony services have been viewed as constants for over the past hundred+ years. Picking up the telephone and hearing "dial tone" is something we don't think about, a simple thing in the life that households and organizations' all over the world take for granted. Over the past several decades, Private Branch Exchange (PBX) technology has proved its existence with great staying power. The phrase "five 9s" reliability has been a subject of many conversations pertaining to voice, and as time passes on, the PBX still gams more valuable trust and respect from its' users. It wasn't until approximately …

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Scholarly Works

No abstract provided.

New Mexico Labor Market Review 01-01-2003, New Mexico Department Of Labor

Historic Publications

The New Mexico Labor Market Review is a monthly publication presenting statistical data and analysis on labor market conditions throughout New Mexico. Issues examine statewide and regional trends in employment, unemployment, labor force estimates, industry activity, wages, occupational demand, and related economic conditions, often accompanied by feature articles on topics affecting the state’s economy. This issue covers November 2002.

The Direction Of Mobile Evolution Examined Through The Ntt Docomo Strategy, "Mobile Frontier", Akihiro Kakimoto

Theses

NTT DoCoMo is Japan's biggest mobile service provider. They added extra value into cellular phone as "telephone", and contributed to the explosive spread of the mobile phone in Japan. They have still led Japan as a country with the world's largest mobile Internet. The mobile phone now changes our lifestyles or work styles, and has a great influence also on business. In 1997, NTT DoCoMo created the company vision towards the year 2010, "Mobile Frontier". It consists of five concepts, named "MAGIC", and indicates the mobile phone figure in the future as a whole. I regard it as a guideline …

Sound Of Dust Settling: A Response To Criticisms Of The Uma, The, Richard C. Reuben

Journal of Dispute Resolution

Continuing UMA "concerns," therefore, have a certain vestigial or residual character, often reflecting views taken in battles that were fought within the drafting sessions - sometimes fiercely - but which were incapable of producing a majority among the UMA drafters. Professor Brian Shannon's criticisms largely echo these discussions, and in this Article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for his willingness to be the "skunk in the parlor" of this symposium edition by generally aggregating those criticisms." In Part I, I give some of the unpublished history of …

Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue

Journal of Dispute Resolution

This symposium article examines a narrow slice of the Uniform Mediation Act - the prohibition on mediator communication to judges about a party's good faith participation or "problem" behavior in mediation.

Introduction, David A. Hoffman

Journal of Dispute Resolution

My introduction to the issues that the Uniform Mediation Act seeks to resolve occurred about a dozen years ago when a senior partner at Hill & Barlow, the Boston law firm where I practiced for 17 years, came to me with a question. He wanted to know whether he could recommend mediation as a safe process for discussing some delicate tax issues that had arisen during the breakup of a business partnership. Evidently the partners had taken some aggressive positions on their partnership tax returns, and one of the big issues in the dissolution of the partnership was the allocation …

Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon

Journal of Dispute Resolution

I readily acknowledge that the UMA is a bold and noble project, and it is certainly the result of substantial effort and compromise. Indeed, I largely concur with the sentiment of Philip Harter that "[tihe UMA is the product of heroic effort that brought together many interests and perspectives to thrash out a workable framework for mediation." That being said, however, much of the Texas mediation community, of which I am a part, has largely opposed enactment of the UMA's framework for our state. As I have written previously, the Alternative Dispute Resolution Section of the State Bar of Texas …

Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson

Journal of Dispute Resolution

The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …

Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty

Journal of Dispute Resolution

In this article, we describe how these two efforts have come together to forge an international consensus on mediation and conciliation. In Part I, we look at how some of the different ways that domestic nationals treat the confidentiality of conciliation communications. The disparity of these treatments leads to considerable uncertainty among parties to a conciliation. In Part II, we note the essential features of the UNCITRAL Model Law, and how it addresses this uncertainty through model rules that will harmonize international standards among adopting nations, at least on core issues, while at the same time preserving the flexibility that …

Regaining Control Through Digital Rights Management (Drm): What's In Store For The Music Industry?, Gregory J. Romania

Theses

This paper, as part of the final requirement for the completion of a Master of Science in Information Technology at the Rochester Institute of Technology, will examine the current state of digital media content and its inherent problems with regard to rendering and distribution. Discussions will focus on the protection and sales of digitalized intellectual property through Digital Rights Management (DRM) while also concentrating on how these technologies can be employed to acquire copyright protection. Though much of the discussion may apply to a wide range of media types, e.g. - movies, software and digital books, the primary focus will …

Chinese Cellular Telecommunications In The Past And The 21st Century, Hao Xu

Theses

Cellular telecommunication technology is one of the hottest topics of the last two decades. The annual rate of user growth is more than 30 percent. It began with the first generation (1G) networks and bloomed with second generation (2G) of cellular technologies. New third generation cellular (3G) technologies aim at offering high-speed, superior-quality information service to mobile subscribers. [2]

The Chinese cellular market is developing with unbelievable speed. China launched its first cellular network in 1987. At the end of 2002, it was the biggest wireless market in the world, with more than 200 million subscribers. [56] Technologies used in …

Best Practices In Implementing Operational Controls Of Iso 14001 Environmental Management Systems Into Small And Medium Businesses, Kuldeep Khalsa

Theses

Studies show that many small and medium businesses (SMBs) that have implemented environmental management systems (EMSs) and got certified to the ISO 14001 Environmental Management Standard experienced obstacles along the way. For SMBs the standards appear unnecessarily bureaucratic, and represent a way of working that fits poorly into their organizational cultures and decision-making structures of small companies. Studies also show that environmental management systems such as ISO 14001 provide a framework for organizations that wish to effectively manage their environmental affairs. Implementing an EMS that conforms to the ISO 14001 standard helps businesses integrate environmental values into their operations.

This …

Signaling And Regulation Of G Protein-Coupled Receptors In Airway Smooth Muscle., Charlotte K Billington, Raymond B Penn

Department of Medicine Faculty Papers

Signaling through G protein-coupled receptors (GPCRs) mediates numerous airway smooth muscle (ASM) functions including contraction, growth, and "synthetic" functions that orchestrate airway inflammation and promote remodeling of airway architecture. In this review we provide a comprehensive overview of the GPCRs that have been identified in ASM cells, and discuss the extent to which signaling via these GPCRs has been characterized and linked to distinct ASM functions. In addition, we examine the role of GPCR signaling and its regulation in asthma and asthma treatment, and suggest an integrative model whereby an imbalance of GPCR-derived signals in ASM cells contributes to the …

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Vanderbilt Law Review

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistle- blower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak. The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …

Imsa 2003 Profile, Office Of College And Academic Counseling

IMSA Profile

No abstract provided.

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas

Faculty Scholarship

In Blindness, Nobel Prize laureate Jos6 Saramago chronicles the quarantining of the first victims of a plague of blindness.1 We meet many people who become blind in Saramago's novel, including an opthamologist, a one-eyed man with an eye patch, and a man born blind. Saramago reminds us that we are all blind in one way or another, and that there are many things about ourselves and our society that we can't or won't see. The quarantine itself turns out to be isolating, inhumane, and degrading; the interred blind being portrayed by themselves and others as pigs, dogs, and "lame crabs." …

Hipaa Regulations: A New Era Of Medical-Record Privacy?, George J. Annas

Faculty Scholarship

The new privacy regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) become effective April 14, 2003. This article outlines the implications of the new policy for practicing physicians. The regulations will affect virtually every physician, because they apply to any health care provider who conducts any business electronically, including billing. The regulations require health care providers to provide patients with a privacy notice that informs them who will have access to their records without their explicit consent and about patients' rights to inspect and amend their own records.

An Exclusive Right To Evoke, Stacey Dogan

Faculty Scholarship

Ten years ago, in White v. Samsung Electronics America, the Ninth Circuit held that a robot violated Vanna White's publicity rights. Since the White decision, the tendency to equate evocation with infringement in trademark and right of publicity cases has only grown. In contrast to this expansionist trend in trademark and right of publicity law, however, courts in recent copyright cases have arguably backed off from a strong right to evoke. This Article identifies these trends and suggests some reasons for concern over an exclusive right to evoke. The author argues that if we wish to preserve a rich commons …

Code Versus The Common Law, Stacey Dogan

Faculty Scholarship

The explosion of peer-to-peer file sharing has forced a reexamination of the essential structure of copyright law in the United States. In a digital, interconnected world, the dispersion of copying and distribution activities makes it more difficult for copyright holders to identify users who derive value from their works. And at least theoretically, the inability to capture such value could ultimately jeopardize the incentive to produce and distribute creative expression.

There is widespread disagreement over what, if anything, should be done about these threats. While suggestions range from copyright abandonment to digital lockup, two of the principal proposals share an …

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Vertical Restraints And Intellectual Property Law: Beyond Antitrust, Michael J. Meurer

Faculty Scholarship

This Article describes how intellectual property (IP) law regulates six types of vertical restraints: restrictions on the field or location of use; restrictions on sharing; control over the frequency of use; restrictions on repair and modification; packaging requirements; and impediments to a buyer's decision to exit its relationship with a seller. There are three reasons to focus on IP oversight of vertical restraints separately from antitrust oversight. First, IP law covers a broader range of vertical restraints. Second, economic analysis of the antitrust-IP conflict focuses mainly on the potential of vertical restraints to exclude downstream competitors. IP doctrines that regulate …

Bargaining In The Shadow Of Copyright Law After Tasini, Maureen A. O'Rourke

Faculty Scholarship

Copyright law often provides the background rules against which bargaining over rights in works of information takes place. By granting creators of works of authorship certain exclusive rights and providing protection against infringement of those rights, copyright law effectively gives authors bargaining chips to use in negotiations with those who would exploit their works in some way. Generally, however, copyright law does not explicitly address imbalances in bargaining power that affect the division of the surplus between the parties to a copyright license. When the would-be exploiter of the copyrighted work wields some degree of market power or brings significant …

Presidential Power In Transitions, Jack M. Beermann

Faculty Scholarship

The transition between presidencies has long created controversies. Whether the issue is "midnight judges" or "midnight regulations," presidential action at the end of a term has long provoked scrutiny and criticism. Presidents have also raised eyebrows at the beginning of their terms when they assert their authority and try to undo what their predecessor in office left behind. More than one president has taken action aimed specifically at "midnight regulations," such as ordering a freeze on the issuance of new regulations, a review of regulations issued at the end of the prior administration and other similar action. This article looks …

Who Should Regulate Class Action Lawyers?, Nancy J. Moore

Faculty Scholarship

Ethical issues arise frequently in class action litigation. These issues include conflicts of interest, solicitation, application of the no-contact rule, the reasonableness of attorneys' fees, and the attorney-witness rule. There has been considerable difficulty applying existing rules of conduct to these situations, partly because of confusion regarding the relationship among class counsel, the named class representatives and absent members of the class. Thus as to conflicts of interest - perhaps the most pressing problem facing class action lawyers - it has been said that a "strict reading of the conflict of interest rules in class actions should be tempered, because …

Indigenous Territoriality In Canadian Courts, Douglas C. Harris

All Faculty Publications

Territoriality describes the communication or assignment of meaning to particular boundaries in order to assert control over a define space. It encompasses the strategies, used by those attempting to maintain control and those seeking to acquire it, to give meaning to the spatial boundaries that demarcate jurisdiction. This chapter explores the competing territorialities of the Canadian state and indigenous peoples in the context of litigation over Aboriginal rights to fish. Access to and management of the fisheries have been and continue to be one of the principal points of conflict between the state and indigenous peoples. The disputes frequently lead …

Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

From North Carolina To Kwazulu Natal: World Library Partnership, Donna L. Nixon

Faculty Publications

No abstract provided.