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2003

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Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout Dec 2003

Shareholder As Ulysses: Some Empirical Evidence On Why Investors In Public Corporations Tolerate Board Governance, Lynn A. Stout

Cornell Law Faculty Publications

This Article evaluates two possible explanations for why shareholders of public corporations tolerate board control of corporate assets and outputs: the widely accepted monitoring hypothesis, which posits that shareholders rely on boards primarily to control the "agency costs" associated with turning day-to-day control over the firm over to self-interested corporate executives, and the mediating hypothesis, which posits that shareholders also seek to "tie their own hands" by ceding control to directors as a means of attracting the extracontractual, firm-specific investments of such stakeholder groups as executives, creditors, and rank-and- file employees.

Part I reviews each hypothesis and concludes that each …


Cultural Commentary: Worth The Effort, William C. Levin Dec 2003

Cultural Commentary: Worth The Effort, William C. Levin

Bridgewater Review

No abstract provided.


La Voz De Kultrun En La Modernidad: Tradición Y Cambio En La Terapéutica De Siete Machi Mapuche (The Kultrun’S Voice In Modernity: Tradition And Change In The Therapeutics Of Seven Mapuche Machi), Marcelo Fiorini Dec 2003

La Voz De Kultrun En La Modernidad: Tradición Y Cambio En La Terapéutica De Siete Machi Mapuche (The Kultrun’S Voice In Modernity: Tradition And Change In The Therapeutics Of Seven Mapuche Machi), Marcelo Fiorini

Tipití: Journal of the Society for the Anthropology of Lowland South America

Book review of La Voz de Kultrun en la Modernidad: Tradición y Cambio en la Terapéutica de Siete Machi Mapuche (The Kultrun’s Voice in Modernity: Tradition and Change in the Therapeutics of Seven Mapuche Machi). Ana Mariella Bacigalupo. Santiago, Chile: Ediciones Universidad Catolica de Chile, 2001. 271 pp. ISBN 956-14-0623-2


Proopiomelanocortin Physiological Roles: Pituitary Versus Hypathalamic Functions, James L. Smart Dec 2003

Proopiomelanocortin Physiological Roles: Pituitary Versus Hypathalamic Functions, James L. Smart

Faculty Publications - Department of Biological & Molecular Science

The fact that the proopiomelanocortin (POMC) gene is a critical component of energy homeostasis and the stress response, two distinct yet not exclusively separate biological functions, distinguishes this gene as very intriguing and unique for st lllldy. The POMC gene encodes a preprohormone that is post-translationally processed into multiple bioactive peptides. The tissue specific regulation and tissue specific post-translational modifications provide a means for the broad spectrum of the gene's biological activities. Understanding the POMC gene's cell-specific regulation and the physiological functions of its encoded peptides has been an ongoing project of multiple labs spanning the last two decades. Initial …


The Eu And The Non-Proliferation Of Nuclear Weapons: The Way To Thessaloniki And Beyond, Clara Portela Dec 2003

The Eu And The Non-Proliferation Of Nuclear Weapons: The Way To Thessaloniki And Beyond, Clara Portela

Research Collection School of Social Sciences

This paper discusses EU policies against the proliferation of weapons of mass destruction (WMD). The author states that at the beginning of the century, the EU began taking steps against the spread of nuclear weapons within its Common Foreign and Security Policy (CFSP). In June 2003, the European Council adopted its first draft strategy against the proliferation of WMDs. In order to assess the significance of the strategy, the paper presents and evaluates the Union’s record in the field, reviews the strategy and makes suggestions as to how it can be improved.


A Systemic Investigation: Developing A Guide To North Dakota Legal Research For The Educator And Citizen, Rhonda R. Schwartz Dec 2003

A Systemic Investigation: Developing A Guide To North Dakota Legal Research For The Educator And Citizen, Rhonda R. Schwartz

Theses and Dissertations

Educators and citizens in North Dakota often need to research North Dakota law. They need to research primary authority materials (e.g., the North Dakota Constitution, the North Dakota Supreme Court opinions, the North Dakota Century Code, the North Dakota Administrative Code). Educators and citizens also need to utilize secondary authority materials that help them locate, update, explain or interpret the law (e.g., digests, citators, law reviews or treatises). There is no guide for North Dakota legal research materials that serves to help the educator or citizen in these research efforts.

The following methodology was used to produce a guide for …


Analysis Of Articles Published In Eight Selected Higher Education Journals On Selected Variables To Reveal Scholarly Development Of The Discipline, Kathy Brock Enger Dec 2003

Analysis Of Articles Published In Eight Selected Higher Education Journals On Selected Variables To Reveal Scholarly Development Of The Discipline, Kathy Brock Enger

Theses and Dissertations

The development of a discipline is reflected in its literature. Higher education is a fairly young discipline, as shown by the large amount of its literature beginning in the 1970s or later. Studying the literature of a discipline reveals various aspects of its development, and gives those engaged in its development an assessment of what is being done and who is doing it at a particular point in time. Using bibliometrics, or the literature as data, this dissertation examined articles in eight selected higher education scholarly journals in 1995 and 2000 to determine characteristics of the authors producing higher education …


Corporate Governance, Illiquidity, And Valuation Issues In Privately-Owned Corporations, Chenchuramaiah T. Bathala, Oswald D. Bowlin, William P. Dukes Dec 2003

Corporate Governance, Illiquidity, And Valuation Issues In Privately-Owned Corporations, Chenchuramaiah T. Bathala, Oswald D. Bowlin, William P. Dukes

The Journal of Entrepreneurial Finance

Investors in private corporations face unique problems relating to corporate control, illiquidity and valuation of securities. In this research, we survey a large sample of US corporations. Our sample includes both private and public firms. Major findings of our research are as follows: Private firms use written shareholder agreements for safeguarding ownership interests and dividend payments. Family owned firms dominate the ownership structure of private firms. Insiders of private firms own a much larger proportion of common stock than insiders in public firms, and the CEOs of private firms often happen to be the largest stockholders.


Consumer-Based Taxation At The Business Level: The Croatian Experience, Helena Blazic, Nikša Nikolic, Mario Pecaric Dec 2003

Consumer-Based Taxation At The Business Level: The Croatian Experience, Helena Blazic, Nikša Nikolic, Mario Pecaric

The Journal of Entrepreneurial Finance

Croatia is the first country in the world to implement consumption-based direct taxation aimed at the individual as well as the business levels. Traditional corporate tax has been replaced by the so-called "interest-adjusted profit tax", which encompasses the corporate as well as the non-corporate sector. This paper analyzes the efficiency of this tax in Croatia with regard to its neutrality as well as its cost-effectiveness. This tax can be regarded as neutral in terms of investment, finance, inflation and organizational form. But the imperfections of financial markets in Croatia still cause distortions between debt and equity capital as well as …


Dynamic Linkages Between Trading Volume And Price Movements: Evidence For Small Firm Stocks, Cetin Ciner Dec 2003

Dynamic Linkages Between Trading Volume And Price Movements: Evidence For Small Firm Stocks, Cetin Ciner

The Journal of Entrepreneurial Finance

Recent theoretical and empirical studies suggest that volume conveys useful information to forecast stock price movements. We investigate the information content of volume for the stock indices of small-capitalization firms in the US and France. Information asymmetry problems tend to be more important for small-capitalization firms and it can be argued that the information content of volume should be more significant. We find that volume does indeed forecast returns of the small-capitalization stock indices. We also detect a positive contemporaneous relation between volume and absolute value of returns. The findings are qualitatively the same for data from the US and …


Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal, Joshua E. Kastenberg Dec 2003

Enforcing Internationally Recognized Human Rights Violations Under The Alien Tort Claims Act: An Analysis Of The Ninth Circuit’S Decision In Doe V. Unocal, Joshua E. Kastenberg

Faculty Scholarship

This article analyzes Doe II under a multi-tiered rubric. The first tier involves analyzing whether the Ninth Circuit was correct in its jurisdictional interpretation. The second tier studies the extent to which the Ninth Circuit's use of international law expanded previously accepted usage by United States courts. For example, after reading Doe II, a question arises as to whether the Ninth Circuit created a "complete" universal jurisdiction for torts under the ATCA. The final tier, involves analyzing foreseen legal consequences. That is, does Doe II expand causes of action for foreign human rights violations because the decision reduces possible defenses …


Ecological Encouragement: The Role Of Agricultural Knowledge In Southern Illinois, Natalie Faris Dec 2003

Ecological Encouragement: The Role Of Agricultural Knowledge In Southern Illinois, Natalie Faris

Honors Theses

No abstract provided.


Refiguring Palmares, Richard Price Dec 2003

Refiguring Palmares, Richard Price

Tipití: Journal of the Society for the Anthropology of Lowland South America

In this methodological/poetical exercise, the author attempts a mind-game in which he reads through the primary and secondary sources on the great seventeenth-century Brazilian quilombo of Palmares, drawing on his knowledge of Maroon societies elsewhere in the Americas, in order to imagine the institutions of that quilombo from their own, rather than outside observers’, perspectives. Using oral testimonies from the descendants of Maroons in Suriname, and comparing them to outsiders’ views of those societies as recorded in archives, he tries to better evoke the cultural institutions that would have existed in Palmares.

Dans cet essai, à la fois méthodolgique et …


Trekking Through History: The Huaorani Of Amazonia, Norman E. Whitten Jr Dec 2003

Trekking Through History: The Huaorani Of Amazonia, Norman E. Whitten Jr

Tipití: Journal of the Society for the Anthropology of Lowland South America

Book review of, Trekking Through History: The Huaorani of Amazonia. Laura M. Rival.

New York: Columbia University Press, 2002. xx + 246 pp., plates, maps,

tables, figures, notes, references, index. ISBN 0-231-11844-9.


Load Sharing Strategies In Distributed Environments, Laurentiu Cucos Dec 2003

Load Sharing Strategies In Distributed Environments, Laurentiu Cucos

Dissertations

We investigate load sharing strategies in distributed systems based on work properties, environment and process organization. For various classes of problems we characterize the paradigms corresponding to applicable communication strategies. We develop suitable structure for the work, and work assignment techniques in order to maximize the efficiency. This research is based in part on work conducted on distributed numerical integration.


Mental Status And Criminal Culpability After Atkins V. Virginia, Timothy S. Hall Dec 2003

Mental Status And Criminal Culpability After Atkins V. Virginia, Timothy S. Hall

University of Dayton Law Review

Symposium theme — Evolving Standards of Decency in 2003: Is the Death Penalty on Life Support?


Number 7, 2003, Palara Editors Dec 2003

Number 7, 2003, Palara Editors

PALARA: Publication of the Afro-Latin/American Research Association

Complete Issue


Religion, Science, And Evolution: Paul Tillich's Fourth Way, Richard Grigg Dec 2003

Religion, Science, And Evolution: Paul Tillich's Fourth Way, Richard Grigg

Philosophy, Theology and Religious Studies Faculty Publications

In his book God After Darwin John Haught provides a useful categorization of theological approaches to evolution: some theologians actively oppose Darwinian evolution, another group maintains that science and religion have nothing to say to one another, and a third seeks to engage evolution. Haught wishes to pursue the third way. But many theological attempts to talk about divine action in the world, including divine involvement in the process of evolution, run afoul of the scientific principle of the conservation of matter-energy. Haught's reliance on the now-familiar notion that information can have causal efficacy does not in fact escape this …


Validation And Use Of The Catholic School Graduate Characteristics Inventory, Jeffrey P. Dorman Dec 2003

Validation And Use Of The Catholic School Graduate Characteristics Inventory, Jeffrey P. Dorman

Journal of Catholic Education

Scales and subscales to assess the desirable characteristics of Catholic school graduates were developed and validated using a sample of 557 alumni of Australian Catholic high schools. Exploratory factory analysis supported a 4 scale structure (viz., Religious Faith & Spiritual Development, Personal Integration, Social Responsibility, and Life-long Learning Skills). The utility of this instrument, the Catholic School Graduate Characteristics Inventory (CSGCI), is enhanced by the optional subdividing of each scale into 3 internally consistent subscales. The use of the CSGCI revealed statistically significant differences in the characteristics of Catholic school graduates according to gender and year of graduation. These results …


The Mechanics Of Microeconomic Choice: A School Option Perspective, Ikwukananne I. Udechukwu Dec 2003

The Mechanics Of Microeconomic Choice: A School Option Perspective, Ikwukananne I. Udechukwu

Essays in Education

The development of this paper describes uniquely the mechanics of choice in the delivery of education services relative to the public school system and school options. Three components, which magnify choice, are consumer (parents), market (pupils), and producer (government). Macbeth (1989) notes that there are four groups of people who benefit from the education system, namely: (1) the pupil (children) (2) the parent (3) the owners of a school (government) and (4) society at large. The first three beneficiaries of the education system are appropriately linked to the three components of choice as illustrated in the model and discussed in …


Infrastructure Development Strategy In Africa Under Nepad: Imperatives For Success, Olu Ajakaiye Dec 2003

Infrastructure Development Strategy In Africa Under Nepad: Imperatives For Success, Olu Ajakaiye

Economic and Financial Review

This paper summarizes some of the achievement in the infrastructure development strategy in Africa under the New Partnership for African's Development (NEPAD) under the imperatives for success are proposed.


Mobilization Of Funds For Nepad Implementation, Victoria Kwakwa Dec 2003

Mobilization Of Funds For Nepad Implementation, Victoria Kwakwa

Economic and Financial Review

This paper explores issues relating to the mobilization of funds for NEPAD implementation. The next section discusses the nature of the financing need; the third section explores domestic sources of funding, followed by a discussion of external funding sources in section four. Section five suggests some critical success for mobilization of funds for NE PAD and last sections concludes.


The Role Of Human Resource Development In The New Partnership For Africa's Development (Nepad), Chris Ltsede Dec 2003

The Role Of Human Resource Development In The New Partnership For Africa's Development (Nepad), Chris Ltsede

Economic and Financial Review

The paper is divided into five parts. Following the introduction in Part I, Part 11 highlights salient features of NEPAD; Part111 examines the role of human resources development in realizing the objectives for NEPAD. Part IV discusses strategies for building capacity for NEPAD, while the final part presents the conclusion.


Good Governance And Nepad -, Basil O. Oshionebo Dec 2003

Good Governance And Nepad -, Basil O. Oshionebo

Economic and Financial Review

Section (1) introduces the paper while section (2) discusses the rising incidence of poverty in Africa (and Nigeria) so as to contextualise the growing importance of "good governance" if the situation is to be reversed. Section 3 explores the concept of good governance and annotates its components and attributes. Section 4 traces the origins of the New Partnership for Africa's Development (NEPAD) and discusses its mission and objectives. Section 5 relates NEPAD and good governance and discusses the resolve of African leaders to respect the precepts of good governance in the management of their economies. Section 6 discusses good governance …


"Where Will You Sleep Tonight?" The Samo Longhouse, A Metaphor Of Spatial And Social Structure, R. Daniel Shaw Dec 2003

"Where Will You Sleep Tonight?" The Samo Longhouse, A Metaphor Of Spatial And Social Structure, R. Daniel Shaw

Pacific Studies

The juxtaposition of physical space and social interaction among the precontact Samo people of Papua New Guinea's east Strickland Plain is analyzed through a rich cultural metaphor reflecting on where people habitually sleep. Where a person sleeps establishes individual status within the collectivity of a household, which is identified as both a dwelling and an interactive group of family-oriented people. A longhouse was typically built on a ridgetop amid gardens, sago-lined swamp, and surrounding forest, together creating an economic environment that, in effect, fed the community. Similarly, social space was created through the reciprocal exchange of female siblings that enabled …


The Church As Embodiment And Expression Of Community On Ujelang And Enewetak, Marshall Islands, Laurence Marshall Carucci Dec 2003

The Church As Embodiment And Expression Of Community On Ujelang And Enewetak, Marshall Islands, Laurence Marshall Carucci

Pacific Studies

The church as a culturally constructed location is constantly "unmade and remade" on Ujelang and Enewetak Atolls (Marshall Islands) with semantic values tied to wider social and historical changes. Stories about the original church represent it as a sacred site forming the physical, moral, and cosmogenic center of the Enewetak community. During World War II, Japanese military rule transformed the church into a location of resistance. During postwar exile to Ujelang Atoll, the village-centered church became a site where solidarity-enhancing practices allowed the community to confront isolation and suffering. A new church, built in 1978 as a symbol of reinvigorated …


Hand Rule Damages For Incompensable Losses, Robert Cooter Dec 2003

Hand Rule Damages For Incompensable Losses, Robert Cooter

San Diego Law Review

Courts should develop theory and practice of damages for incompensable losses based on the response of reasonable people to daily risks. Specifically, courts should compute damages based on the reasonable person's point of indifference between less risk and more expenditure on precaution. The Hand rule describes this point of indifference.


Rethinking Injury And Proximate Cause, John C.P. Goldberg Dec 2003

Rethinking Injury And Proximate Cause, John C.P. Goldberg

San Diego Law Review

Injury and proximate cause form two components of a plaintiff's prima facie negligence case. Although equals in this sense, they have received starkly different treatment at the hands of judges and scholars. Proximate cause has long attracted attention, yet has also managed to defy repeated efforts at characterization and explanation. Injury by contrast, seems to have been largely ignored. One of the many virtues of professor Perry's paper is that it prompts reconsideration of this disparate treatment from both ends. By offering a subtle and rich account of the related concept of "harm," Perry permits us to see that the …


Baselines And Compensation, F.M. Kamm Dec 2003

Baselines And Compensation, F.M. Kamm

San Diego Law Review

The first problem that we shall examine is raised by the cases in which by our tortious wrong act someone is either (1) made no worse off than he would have been because the injury is one he would have suffered anyway by another means or (2) made better off because, though the act produces an injury, it benefits him by interfering with an upcoming greater injury. Should we assign liability based on the fact that an injury was caused relative to how the person was in his prior uninjured state (namely, the causal approach)? Or, should we take account …