Digital Commons Network^™

700 Families To Feed: The Challenge Of Corporate Citizenship, Tara J. Radin

Vanderbilt Journal of Transnational Law

When Howard Lutnick, CEO of Cantor Fitzgerald, was first interviewed after September 11, 2001, a tragedy that devastated his firm and stole the life of his brother, Lutnick stated that he now had "700 families to feed." The view that he expressed was that his firm was responsible to the families of the wage earners lost in the tragedy, even though the firm was not responsible for the events that had occurred. Such assumed corporate responsibility, consistent with a stakeholder-based approach to management, is often considered to conflict with the law. The purpose of this Article is to demonstrate that …

Nationbuilding 101: Reductionism In Property, Liberty, And Corporate Governance, O. L. Reed

Vanderbilt Journal of Transnational Law

In this Article, Professor Reed re-examines the importance of property as a formal legal institution. He continues by arguing that central to creating property is the right to exclude others from resources acquired without force, theft, or fraud. In countries where this right has been firmly established, per capita income far exceeds that of countries lacking a strong right to exclude. Professor Reed then asserts the importance to nation builders of appreciating the virtual semantic equivalence of the terms "property" and "liberty." Finally, he argues that both the specific and broad senses of corporate governance can be reduced to property …

Category Iii Films And Vcds: The Failure Of Deterrence In The Copyright Ordinance Of Hong Kong, Allen Woods

Vanderbilt Journal of Transnational Law

In 1997, the government of Hong Kong enacted the Copyright Ordinance. The goal of the Ordinance was to establish a strong deterrent against the illegal manufacture and sale of copyright infringing materials, especially pirated video and digital compact discs. Courts have interpreted the Ordinance to allow the Customs and Excise Department sweeping powers of search and seizure. As a result, the government has seized many thousands of copyright infringing video compact discs and courts have enforced lengthy custodial sentences against guilty parties.

Despite these efforts, though, film piracy continues to grow throughout Hong Kong and transnational film interests have begun …

From Unwritten To Written: Transformation In The British Common-Law Constitution, David Jenkins

Vanderbilt Journal of Transnational Law

This Article posits that the British Constitution is changing by incorporating written principles that restrain Parliament through judicial review. The Author asserts that this constitutional model has basis in the common law and the orthodox theories of Blackstone and Dicey. In addition, the "ultra vires" doctrine supports the model and provides a basis for judicial review of Parliament. As constitutions may accommodate written and unwritten elements of law, as well as various means of enforcement and change, the Author posits that constitutions are defined by how strongly they reflect underlying legal norms. With a shift in the rule of recognition …

Who Decides The Arbitrators' Jurisdiction? Separability And Competence--Competence In Transnational Perspective, John J. Barcelo, Iii

Vanderbilt Journal of Transnational Law

Separability and competence-competence are two of the best known concepts in international commercial arbitration. They are different, but often linked, because they share a common goal: to prevent early judicial intervention from obstructing the arbitration process. Both concepts address the question, "Who decides arbitrability--courts or arbitrators?" but in different ways. I will discuss those differences later in this comment.

In his excellent paper delivered at this Symposium, "Everything You Really Need to Know About 'Separability' in Seventeen Simple Propositions, Professor Rau focuses principally on separability. His purpose is to defend separability in U.S. arbitration law from the surprisingly common and …

Renegotiation And Adaptation Of International Investment Contracts, Klaus P. Berger

Vanderbilt Journal of Transnational Law

In modern-day international investment practice, especially in connection with the exploitation of natural resources, Production Sharing Agreements have come to take over the role of the classic concession agreement. Like their predecessors, these contracts are particularly vulnerable to disturbances in the commercial balance agreed to, or assumed by, the parties at the conclusion of the contract. This vulnerability has three primary causes.

First, these are classic examples of long term contracts. In the petroleum industry, the commitment of significant capital for exploration, particularly in development, and the assumption of considerable risk, particularly in exploration, require contracts covering up to and …

The Problem With Arbitration Agreements, Stephen J. Choi

Vanderbilt Journal of Transnational Law

Arbitration procedures today have become highly standardized. Institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the American Arbitration Association Center for International Dispute Resolution (AAA) each have detailed provisions for administering arbitration proceedings (often involving parties of different nationalities). Parties entering into arbitration can expect to have limited discovery, a hearing, and the ability to bring attorneys to the proceedings. While typically providing less process than formal court proceedings, the standardized nature of arbitration can lead parties to view arbitration much like court proceedings--a fixed, pre-determined process to settle disputes. Thomas …

The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau

Vanderbilt Journal of Transnational Law

The privatization and contractualization of arbitration, while they empower parties and unburden public institutions, should not eliminate completely the basis for the public regulation of the process. The string of "one-off' arbitrations, gathered together, has consequences upon the public interest in the orderly administration of adjudicative relations in both domestic and international law. The use of arbitration does have a bearing upon the substantive content of legal rights. Judicial vigilance should not only ward off the flagrant abuses of process and procedure in arbitration, but it should also establish an "interests of justice" limitation upon the operation of the process …

The Specificity Of International Arbitration: The Case For Faa Reform, William W. Park

Vanderbilt Journal of Transnational Law

Arbitration by its nature is polycentric: one might more accurately speak of arbitrations in the plural. A wide variety of disputes are included in one category, implicating differences related to the sophistication of the parties, the character of the disputes, and the public interests at stake. The current legal framework for arbitration conducted in the United States attempts to squeeze all types of arbitration into the Procrustean bed of a single set of standards for judicial review.

The United States should seriously consider eliminating judicial discretion to review the substantive merits of awards in international cases. The domestically nourished doctrine …

Renegotiation And Adaptation Clauses In Investment Contracts, Revisited, John Y. Gotanda

Vanderbilt Journal of Transnational Law

Professor Dr. Klaus Berger, in Renegotiation and Adaptation of International Investment Contracts: The Role of Contract Drafters and Arbitrators, proposes that international investment contracts include a clause allowing the parties to renegotiate the terms of their contract if certain events take place.' If they are unable to reach an agreement, Professor Berger advocates that the parties agree to permit an arbitral tribunal to modify the terms of the contract to restore the economic equilibrium assumed by the parties when they concluded the agreement. Although commentators have often championed these clauses, private parties involved in international transactions have included them infrequently. …

Slings And Arrows Of Outrageous Fortune: The Deportation Of "Aggravated Felons", Valerie Neal

Vanderbilt Journal of Transnational Law

Any foreign national who is convicted of an "aggravated felony," as that term is defined in the Immigration and Nationality Act, is subject to deportation from the United States. Deportation of so-called "aggravated felons" is in no way contingent upon the particular facts and circumstances in a given case. More troublingly, on the judiciary has no authority to review a deportation order based "aggravated felony" grounds. In the past decade, Congress has expanded the definition of "aggravated felony" to encompass many minor crimes that are neither aggravated nor felonious.

The deportation of foreign nationals on "aggravated felony" grounds is effectively …

Integrating Authentic Assessment And Technology In A Standardized Elementary Reading Curriculum, Sara Seberg

Graduate Research Papers

As the state of Iowa mandates reporting of the reading progress of elementary students, teachers are forced to examine their choice of assessment. Many schools use standardized tests as their main form of assessment. Assessment should be designed to show educators what students have learned, are learning, and what they are ready to learn. Since standardized testing only focuses on a set number of skills, school districts should be pursuing alternative methods of assessment. One alternative assessment is authentic assessment. Authentic assessment, which is assessments that evaluate students' abilities in 'real-world' contexts, should be considered to assess what a student …

Caring Teachers: An Ethnography Of Effective Teacher Communication In And Out Of The College Classroom, Jason J. Teven

Iowa Journal of Communication

This ethnographic study investigated teachers' perspectives on caring and effective teaching both in and out of the college classroom. Students in a large mid-Atlantic University were asked to list instructors who they have had in either previous or present classes that they perceived to be the most "caring" and most "effective." Three university instructors were identified, observed in their respective classes, and interviewed with the purpose of exploring three broad categories relating to teacher effectiveness: (1) the definition of a "caring" teacher; (2) the definitions of "good" and "effective" teaching, and (3) how effective teachers motivate students. The findings of …

Using Email Technology As A Peer Teaching Methodology In Interpersonal Communication, Vickie L. Harvey

Iowa Journal of Communication

This paper introduces an exercise that requires students to correspond and teach other students using the technology of email. Student self-assessment data from a quasi-experimental study involving 81 undergraduates from two universities in different regions of the United States suggest that a peer teaching activity provides a learning environment beyond the confines of the traditional classroom in which students learn by teaching others.

An Experimental Study Of Flow Control Techniques On A Multi-Element Airfoil, Ira James Walker

Mechanical & Aerospace Engineering Theses & Dissertations

The results of a wind tunnel experiment are reported, which investigated two different flow control techniques that demonstrated the potential of increasing the lift coefficient on a multi-element airfoil. The data also indicated that boundary-layer separation on the trailing-edge flap could be reduced significantly. Results of the investigation revealed that for some test conditions an increased amount of suction occurred on the upper surface of the main element where the flow was attached. One of the techniques that was tested in this investigation involved the use of a pair of piezoelectric devices attached to the model to provide oscillatory motion …

Life-Extending Control For A Highly Maneuverable Flight Vehicle, Si-Bok Yu

Mechanical & Aerospace Engineering Theses & Dissertations

This dissertation investigates the feasibility and potential of life extension control logic for reducing fatigue within aerospace vehicle structural components. A key underpinning of this control logic is to exploit nonintuitive, optimal loading conditions which minimize nonlinear crack growth behavior, as predicted by analytical fatigue models with experimentally validated behavior. A major simplification in the development of life extension control logic is the observation and justification that optimal stress loading conditions, as described by overload magnitude ratio and application interval, are primarily independent of crack length and therefore, component age. This weak relationship between optimal stress loading and structural age …

The Role Of Alexithymia In Ethnic Groups On Eating-Related Attitudes And Behaviors, Lisa M. Newman

Psychology Theses & Dissertations

Alexithymia, a term referring to deficits in ability to describe and differentiate emotions, has been studied in a variety of Caucasian medical and psychiatric populations, including patients with eating disorders. Research suggests that alexithymia is more prevalent among the Caucasian eating disordered population than the general population. However, there is little research on the prevalence of alexithymia or its relationship to problematic eating-related attitudes and behaviors in African Americans. This study investigated and compared the occurrence of alexithymia and its effects on eating-related attitudes and behaviors in Caucasian and African American college women using the Toronto Alexithymia Scale-20 and the …

Examining The Equivalence Of Rater Groups In 360-Degree Feedback For Use In Leadership Development, Amy Fitzgibbons

Psychology Theses & Dissertations

This study assessed the seldom-considered aspect of measurement equivalence across the three most common rater groups in 360-degree feedback systems. The graded response model for polytomous items was used to assess differential functioning of items and tests and applied to an archival data set of 664 ratees to determine the equivalence of peer, subordinate, and supervisor ratings of four leadership competencies. The results indicate that the leadership competencies were invariant across the three rater groups. The results and conclusions produced are discussed with practical implications in mind.

Developing A Methodology To Detect Partial Failures For Dynamic Systems, Anwar A. Al-Jowder

Engineering Management & Systems Engineering Theses & Dissertations

The purpose of this research is to develop a decision support system that can assist in detecting partial failures in dynamic systems such as Fire Control System Tracking Radar (TR) onboard Naval Ships. Partial failures do not necessarily shut down the system immediately but cause degradation of operational performance. Previous work has shown that experts in the field of failure detection, test point insertion and Built-In-Test Equipment (BITE) can provide useful input in detecting partial failures. Partial failures affect operational system performance and support costs, which can be significant. Often, however, partial failure detection consists of the estimations and opinions …

The Effects Of Music Paired With Story Book Reading On Kindergarten And First Grade Children’S Comprehension Of Narrative Text, Karen Kay Fatka

Dissertations and Theses @ UNI

The purpose of this study was to investigate the effects of music paired with story book reading on young children's comprehension of narrative text. More specifically, children's abilities to verbally retell stories, answer questions regarding explicit text based story facts, and attention levels were compared when stories were orally read or presented through audio-recorded sung versions of each story. Thirty kindergarten and first grade students who exhibited a speech and/or language impairment, had a history of a speech and/or language impairment, or were at-risk for reading difficulties participated in the study. Subjects were identified through a local university speech and …

Agricultural Land Evaluation In Black Hawk County Using Geospatial Technologies, Elisha Jasper Dung

Dissertations and Theses @ UNI

Agriculture is one of the world's most important activities supporting human life. However, the rate of agricultural land conversion to non-agricultural uses around the world, and especially in the United States is on the increase. It has been asserted that over 2,965,265 acres of U.S. agriculture lands have recently been lost per year to development, which is a rate nearly two and a half times that lost due to development in the last 10 years ( 1982-1992). This is of particular concern in Iowa which is agriculturally based because the loss of small tracts of this high-valued land may have …

Memorization Of Piano Music: Instrumental Sub-Context Alteration Within The Same Room Among Community College Students, William Wayne Backlin

Dissertations and Theses @ UNI

The purpose of this study was to determine if one change within a context would affect the memorization of a piano composition. Thirty-two subjects were randomly selected from a Midwestern community college piano department (N = 67). Subjects were 18-, 19-, 20- and 21-year-old adult piano students who were asked to memorize a 16 measure original piano composition written by the investigator. The initial memorization occurred in one piano studio upon a Steinway and Sons grand piano (Sub-context A) or upon a Kawai studio piano (Sub-context B). After the retention interval, subjects were asked to perform the memorized piano selection. …

Recent Jewish Immigrants' Communication In Postville, Iowa: A Case Study, Anna I. Levina

Dissertations and Theses @ UNI

For this paper the author researched Iowa's immigration history and modern day Postville, a small town that represents a tossed salad of cultural, religious, and linguistic diversities. The author analyzed the current effect of immigration as well as the process of integration and assimilation into the small town through the eyes of its immigrants. The major emphasis is placed on Postville located in northeast Iowa. For 150 years Postville was an all-white, all-Christian farming community of 1,000 souls, most of European ancestry. Today the population of Postville has doubled and of the 2,000 people who reside in Postville almost one …

Functional Hamstring:Quadriceps Ratio: Does It Differ Across Year Of Athletic Eligibility?, Scott L. Dack

Dissertations and Theses @ UNI

The purpose of this study was to collect descriptive functional Hamstring to Quadriceps (H:Q) ratio data, as defined by Aagaard, Simonsen, Magnusson, Larsson, and Dyhre-Poulsen (1998), and determine if differences exist in the functional H:Q ratio between Division I-AA college football athletes that are in different years of athletic eligibility. The primary research hypothesis was that there would be a statistically significant difference across the different years of eligibility. The population tested included 47 male Division I-AA college football players between the ages of 18-23. The functional H:Q ratio for extension was executed on the Biodex System 3 Pro (Shirley, …

A Question Of Sanity: Women And In/Sanity In Bessie Head’S A Question Of Power And Sylvia Plath’S The Bell Jar, Amanda Lynn Graeber

Dissertations and Theses @ UNI

The use of female mental illness in fiction has previously been characterized as a subversive act. Theorists such as Juliet Mitchell, Susan Gubar, and Sandra Gilbert have advocated the use of madness as a way of protesting patriarchal systems and language. Female madness in many cases has been viewed not only as a conscious choice, but as an option that is preferable to sanity. In their view, mental illness is an embodiment of a woman's rejection of the patriarchal order. I would suggest that mental illness is actually about powerlessness. The madwoman is placed in a space outside of normal …

Culture From Chaos: The Formation Of Social Norms From The Dynamic Self-Organization Of Individuals' Attitudes And Behavior, Jerry G. Cullum

Dissertations and Theses @ UNI

Top-down models of culture provide a useful although limited understanding of cultural content, formation, and change. Previous theorizing using bottom-up models help to explain why cultures exist and explain some of their content. Dynamic social impact theory (DSIT; Latane, 1996) expands on previous bottom-up models by proposing a concise mechanism for cultural content transmission and the dynamic outcome of this process. Furthermore, the catastrophe theory of attitudes (Latane & Nowak, 1994) suggests that the level of involvement of an issue will modify attitude change and therefore modify DSIT's predictions. The present study expanded on previous research to offer a more …

American Judges And International Law, A. M. Weisburd

Vanderbilt Journal of Transnational Law

This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …

Using Mindtools To Build Information Literacy And Promote Critical Thinking, Matthew J. Haan

Graduate Research Papers

Information literacy is a skill that students need to handle the overwhelming amount of information. Using Mindtools can provide teachers with a way to help students use the information literacy skills. Mindtools are used to allow students to learn through the use of technology, not from technology. By giving students opportunities to use these skills, they will be able to think critically and independently about the information they access. As a result of focusing on information literacy and critical thinking, students wiII increase proficiency in locating, evaluating, synthesizing, and applying new information. The importance of this review is to determine …

Combining Science And Reading Materials To Teach Comprehension Strategies, Melena Haskovec

Graduate Research Papers

This paper describes a curriculum development project in which science and reading were combined to teach reading comprehension strategies to kindergarten and first grade children. Nonfiction science texts were purchased. The teachers collaboratively created and implemented lesson plans for three science units and one social studies unit. The combined classes met once every six days from January to May.

The children were paired across grade levels to read the texts, participate in the strategy instruction and complete the guided practice activities. Pre and post project measures of first graders' growth in reading comprehension showed that all the first grade students …

Morning Message : Bringing Interactive Writing To Life In A Kindergarten Classroom, Kay M. Hoffman

Graduate Research Papers

The purpose of this article is to inform the reader of one way of implementing interactive writing into a kindergarten classroom, which is through the use of morning message. Interactive writing means different things to different people and my interpretation will be discussed throughout the article. I will share where I have been as a teacher of young children as well as some of the things I have learned along this invigorating journey.