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2003

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Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku Nov 2003

Sec Enforcement Heuristics: An Empirical Inquiry, James D. Cox, Randall S. Thomas, Dana Kiku

Duke Law Journal

This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find that the volume of SEC enforcement proceedings is relatively modest. We next examine the scope of the recently enacted "Fair Fund" provision that authorizes the SEC to designate civil penalties it recovers from defendants to benefit defrauded private investors. We conclude that this provision offers only limited potential relief for private investors. We complete this Part of the Article with an analysis of the serious resource …

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Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage Nov 2003

Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage

Duke Law Journal

No abstract provided.

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Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea Nov 2003

Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea

Duke Law Journal

No abstract provided.

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Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins Nov 2003

Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins

Duke Law Journal

This Article reviews federal and (especially) state antitrust enforcement in light of the Microsoft proceeding. Criticism of state enforcement based on that case is misplaced. The Article identifies three consensus comparative advantages of state enforcers: familiarity with local and regional markets, closeness to state and local institutions, and ability and experience in compensating individuals. A review of state enforcement activities finds that the vast majority are consistent with one or more of these advantages. The Article also identifies hallmarks of generally accepted federal civil non-merger enforcement: both antitrust agencies participate actively, using a variety of tools, while showing support for …

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Content-Aware Authentication Of Motion Jpeg2000 Stream In Lossy Networks, Yongdong Wu, Robert H. Deng Nov 2003

Content-Aware Authentication Of Motion Jpeg2000 Stream In Lossy Networks, Yongdong Wu, Robert H. Deng

Research Collection School Of Computing and Information Systems

Stream authentication schemes (SAS) aim to achieve effective authentication of multicast streams over lossy networks. Almost all the existing SASs is designed for stream data integrity protection only. In this paper, we argue that content integrity protection is more important than data integrity to human users. We present a content-aware SAS in motion JPEG2000 streaming. In our scheme, a chunk of JPEG2000 codestreams is encapsulated into a block of packets using multiple description coding (MDC). Our MDC exploits the inherent structure of motion JPEG2000 codestreams and is used to preserve the semanteme/content of the stream over lossy networks. To achieve …

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Criminal Law, Marla Graff Decker, Stephen R. Mccullough Nov 2003

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

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Plugged In Praxis: Critical Reflections On U.S. Feminism, Internet Activism, And Solidarity With Women In Afghanistan, Loretta Kensinger Nov 2003

Plugged In Praxis: Critical Reflections On U.S. Feminism, Internet Activism, And Solidarity With Women In Afghanistan, Loretta Kensinger

Journal of International Women's Studies

Cyber-space presents many contradictions to those seeking to use it for activist ends in a transnational world. This paper explores some of these contradictions by examining various uses of the internet in efforts to raise awareness about the situation for women in Afghanistan during the period the Taliban came to power and controlled a majority of the country. I explore differences in approaches, images, and tone within examples of internet activism, emphasizing the Web work of the Feminist Majority Foundation, set in comparison with that of the Revolutionary Association of the Women of Afghanistan. Due to the prominence of the …

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Keys To Women’S Liberation In Communist China: An Historical Overview, Jinghao Zhou Nov 2003

Keys To Women’S Liberation In Communist China: An Historical Overview, Jinghao Zhou

Journal of International Women's Studies

Has the Communist Party of China (CPC) fully liberated Chinese women? Is the leadership of the CPC the key to Chinese women’s liberation in the twenty-first century? The CPC has tried to convince the Chinese people and international society to believe that the answer is positive. Having examined the status of Chinese women from an historical perspective, the author has reached the conclusion that women’s problems in present-day China are not only serious but also structural. It is impossible for Chinese women to fully enjoy women’s rights within the current communist system. The future of women’s liberation largely depends on …

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Women Learners In The Classroom: Exploring The Experience Of Voice, Listening, And Silence, Anita Sinner Nov 2003

Women Learners In The Classroom: Exploring The Experience Of Voice, Listening, And Silence, Anita Sinner

Journal of International Women's Studies

The question of voice is central to a feminist perspective. The dichotomies of voice and silence have long held positions of power and marginalization in the context of the classroom community. In a recent investigation into the learning experiences of three women, Giustina, Tina and Christina, the theme of voice, listening, and silence surfaced as participants reflected on their participation in college and university courses in Canada. These case studies offer a forum to discuss the classroom experiences of women and perhaps shift perspectives on the meaning of voice, listening, and silence in learning.

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Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt Nov 2003

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate—or “hit rate”—associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. …

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Overview Of Renewable Energy Sources In Latin America, Jorge M. Huacuz Nov 2003

Overview Of Renewable Energy Sources In Latin America, Jorge M. Huacuz

Latin American Energy Dialogue, White Papers and Reports

The present work deals with the situation of renewable energy in the Latin-American Region (LAR). Its main purpose is to give an overview of the conditions prevailing in the region, regarding those activities leading to the systematic process of adoption and use of renewable energy technology, as part of the energy supply mix in each individual country. This essay was elaborated on the basis of a limited literature survey, information provided to the author by colleagues from several countries in the region of study, plus the knowledge gained by the author from his work on some of these countries, concerning …

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Web Unit Mining: Finding And Classifying Subgraphs Of Web Pages, Aixin Sun, Ee Peng Lim Nov 2003

Web Unit Mining: Finding And Classifying Subgraphs Of Web Pages, Aixin Sun, Ee Peng Lim

Research Collection School Of Computing and Information Systems

In web classification, most researchers assume that the objects to classify are individual web pages from one or more web sites. In practice, the assumption is too restrictive since a web page itself may not always correspond to a concept instance of some semantic concept (or category) given to the classification task. In this paper, we want to relax this assumption and allow a concept instance to be represented by a subgraph of web pages or a set of web pages. We identify several new issues to be addressed when the assumption is removed, and formulate the web unit mining …

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Aa Flexible And Scalable Authentication Scheme For Jpeg 2000 Image Codestreams, Cheng Peng, Robert H. Deng, Yongdong Wu, Weizhong Shao Nov 2003

Aa Flexible And Scalable Authentication Scheme For Jpeg 2000 Image Codestreams, Cheng Peng, Robert H. Deng, Yongdong Wu, Weizhong Shao

Research Collection School Of Computing and Information Systems

JPEG2000 is an emerging standard for still image compression and is becoming the solution of choice for many digital imaging fields and applications. An important aspect of JPEG2000 is its "compress once, decompress many ways" property [1], i. e., it allows extraction of various sub-images (e.g., images with various resolutions, pixel fidelities, tiles and components) all from a single compressed image codestream. In this paper, we present a flexible and scalable authentication scheme for JPEG2000 images based on the Merkle hash tree and digital signature. Our scheme is fully compatible with JPEG2000 and possesses a "sign once, verify many ways" …

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Otras Perspectivas (Other Perspectives), Volume 07, Issue 01, November 2003, Occupational Therapy Graduate Program Nov 2003

Otras Perspectivas (Other Perspectives), Volume 07, Issue 01, November 2003, Occupational Therapy Graduate Program

OTras Perspectivas: UNM Occupational Therapy Program Newsletter

Acknowledging that the success of the Occupational Therapy Program hinges on the mutual investment of community and friends beyond the local community, the UNM Occupational Therapy Program faculty and staff have initiated this newsletter. The goal is to provide an additional forum for communication, and provide updates about the program's development, faculty, students, alumni, and friends.

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Timber Damage By Black Bears, Dale L. Nolte, Kimberly K. Wagner, Andy Trent Nov 2003

Timber Damage By Black Bears, Dale L. Nolte, Kimberly K. Wagner, Andy Trent

United States Department of Agriculture Wildlife Services: Staff Publications

Consequences of Bear Damage
Damage Management
Bear Removal
Silvicultural Practices
Alternative Food Sources
Alternative Approaches

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Drop The Shoe: A Law Of Personal Jurisdiction, Douglas D. Mcfarland Nov 2003

Drop The Shoe: A Law Of Personal Jurisdiction, Douglas D. Mcfarland

Missouri Law Review

Personal jurisdiction standards outlined in International Shoe Co. v. Washington have proven to be inadequate. This Article begins in Part II with an examination of the origins of the International Shoe minimum contacts test, and then in Part III analyzes and critiques the opinion and the test. Part IV looks at later Supreme Court cases that attempt to refine and apply the test, and Part V looks at the same pattern for other federal courts and state courts. These Parts lead to the conclusion that the minimum contacts test should be abandoned in favor of a new law for personal …

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Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller Nov 2003

Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller

Missouri Law Review

In the context of reviewing Community Ass’n for Restoration of the Environment v. Henry Bosma Dairy, this Note focuses on what constitutes sufficient notice and suggests how citizen groups should handle additional violations discovered after suit has been filed. Although the Ninth Circuit had previously taken a fairly strict approach in interpreting notice requirement, Bosma Dairy indicates a shift toward a more forgiving approach by allowing the plaintiff to include certain non-noticed violations in its lawsuit. This urges the continued movement away from a rigid and formalistic approach.

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We Didn't Know Any Better Defense: The Eighth Circuit's View Of Qualified Immunity For Jail Officers Who Detain Arrestees - Hill V. Mckinley, The, William E. Roberts Nov 2003

We Didn't Know Any Better Defense: The Eighth Circuit's View Of Qualified Immunity For Jail Officers Who Detain Arrestees - Hill V. Mckinley, The, William E. Roberts

Missouri Law Review

The Supreme Court has imparted the old common-law immunity to law-enforcement officers in actions for violations of constitutional rights. Defendants no longer have to stand trial on a federal claim for damages based on their unconstitutional actions unless a court has previously established with sufficient clarity and particularity that such actions are indeed a constitutional violation. Through examination of Hill v. McKinley, this Note argues that "qualified immunity" is beginning to be extended beyond its intended use.

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Having Failed To Defend, An Insurer Can Still Argue Lack Of Coverage - Royal Insurance Co. Of America V. Kirksville College Of Osteopathic Medicine, Inc., Matthew Towns Nov 2003

Having Failed To Defend, An Insurer Can Still Argue Lack Of Coverage - Royal Insurance Co. Of America V. Kirksville College Of Osteopathic Medicine, Inc., Matthew Towns

Missouri Law Review

This Note explores the consequences of an insurer’s breach of the duty to defend under Missouri case law. It also examines the theories applied in other states in support of the position that a breach of the duty to defend entails loss of the right to argue lack of coverage. The Note concludes that the holding in Royal insurance Co. of America v. Kirksville College of Osteopathic Medicine, Inc. resolved a burgeoning controversy by clarifying insurers’ rights to an extent unknown in other jurisdictions.

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Overview, David B. Nash Nov 2003

Overview, David B. Nash

College of Population Health Faculty Papers

No abstract available.

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Regulation By Networks, Avitai Aviram Nov 2003

Regulation By Networks, Avitai Aviram

BYU Law Review

No abstract provided.

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Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey Nov 2003

Reforming Securities Class Actions From The Bench: Judging Fiduciaries And Fiduciary Judging, Lisa L. Casey

BYU Law Review

No abstract provided.

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Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall Nov 2003

Why Can't Discrimination Be Discrimination? Johnson V. K Mart Corp. And The Meaning Of "Discrimination" Under The Americans With Disabilities Act, Todd Prall

BYU Law Review

No abstract provided.

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Tennessee Farm Bureau News - November 2003, Tennessee Farm Bureau Federation Nov 2003

Tennessee Farm Bureau News - November 2003, Tennessee Farm Bureau Federation

Tennessee Farm Bureau News

No abstract provided.

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The Copyright Divide, Peter K. Yu Nov 2003

The Copyright Divide, Peter K. Yu

Faculty Scholarship

Most recently, the recording industry filed 261 lawsuits against individuals who illegally downloaded and distributed a large amount of music via peer-to-peer file-sharing networks, such as KaZaA, Grokster, iMesh, and Gnutella. Although the industry's recent approach was controversial and resulted in major criticisms from legislators, academics, civil libertarians, consumer advocates, and university officials, the copyright holders' aggressive tactics are not new.

In fact, copyright holders have been known for using, or encouraging their government to use, coercive power to protect their creative works. Only a decade ago, the U.S. copyright industries have lobbied their government to use strong-armed tactics to …

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New Studies Provide Insight Into How Disputants Value Case Evaluation By Third Parties, Gregory Todd Jones, Douglas H. Yarn Nov 2003

New Studies Provide Insight Into How Disputants Value Case Evaluation By Third Parties, Gregory Todd Jones, Douglas H. Yarn

Faculty Publications By Year

No abstract provided.

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Housing Delivery In Nthutukoville, South Africa: Successes And Problems For Women, Catherine Ndinda Nov 2003

Housing Delivery In Nthutukoville, South Africa: Successes And Problems For Women, Catherine Ndinda

Journal of International Women's Studies

This paper examines the notion of empowerment and what it entails in housing development. Through a critical analysis if the different phases in one particular housing project analyzed by the author, the paper highlights the areas of empowerment and emphasizes that it is a process, which in the case of Nthutukoville in KwaZulu-Natal, South Africa began with securing land tenure. Access to resources and acquisition of skills are important. Both external and internal factors may be responsible for women’s inability to take charge of their lives. External factors include political violence, unsupportive local authorities, and a hostile environment as well …

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Technology, Commentary And The Admonitions For Women, Sherin Wing Nov 2003

Technology, Commentary And The Admonitions For Women, Sherin Wing

Journal of International Women's Studies

The following is an analysis of the Admonitions for Women (Nu Jie) by the Later Han Dynasty scholar, Ban Zhao. It examines the historical context for its composition, applying not only one literary template, that of the instructional text, the technological treatise, but also Confucian Commentary. Through this process, the Admonitions emerges as a sophisticated philosophical tract that combines not only several literary traditions, but applies them to a new, unique audience: elite women. In so doing, Ban Zhao challenges assumptions of women’s roles, expectations of women, and enlightens her readers as to what might be really happening …

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Psychological Factors Influencing Perceived Entrepreneurial Success Among Nigerian Women In Small-Scale Businesses, Benjamin Osayawe Ehigie, Ugonma Eme Umoren Nov 2003

Psychological Factors Influencing Perceived Entrepreneurial Success Among Nigerian Women In Small-Scale Businesses, Benjamin Osayawe Ehigie, Ugonma Eme Umoren

Journal of International Women's Studies

This paper considered self-concept, perceived managerial competence, work stress and business commitment as important psychological variables for perceived entrepreneurial success among female entrepreneurs. A study was conducted to examine these factors, using 213 female entrepreneurs. The results showed that although all the predictor variables jointly accounted for perceived entrepreneurial success only business commitment contributed significantly. But in the independent prediction of the variables, only self-concept and business commitment were significant. Additionally, number of children significantly influenced perceived success with females having 5 children and more, and those having 1-2 children reporting better success than those without children or having 3-4 …

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Reflections On New Partnerships Between Women And Local Self-Government In India: A Rural Revolution?, Santosh Nandal Nov 2003

Reflections On New Partnerships Between Women And Local Self-Government In India: A Rural Revolution?, Santosh Nandal

Journal of International Women's Studies

This essay reflects on strategies for women’s empowerment in light of the enactment of the 73rd constitutional amendment, Panchayati Raj, in the Indian Constitution, in 1992. It begins with the assumption that women’s empowerment implies progressive elimination of gender disparities at the grassroots level. As such, a perspective on women’s empowerment differs from ideas about women’s development in some important ways. Women’s development is primarily a socio-economic concept while women’s empowerment is essentially a political project. It is argued here that women’s empowerment is indeed a precursor to women’s development. The author offers suggestions for increasing women’s effectiveness in …

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