Digital Commons Network^™

Hedge Funds Are Headed Down-Market: A Call For Increased Regulation?, Erik J. Greupner

San Diego Law Review

This Comment examines the current debate surrounding increasing regulations on hedge funds in order to provide better investor protection. The author starts out by explaining what a hedge fund is and how they have grown in importance over the years. The author then discusses some of the recent trends in the hedge fund industry that have concerned the SEC, such as increases in fraud, conflicts of interest, and marketing to less sophisticated investors. Next, the author explains the current state of regulations for the hedge fund industry as well as the rationales for such limited regulations. The author then discusses …

Stanford Professor Delivers Lecture On Racism, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.

Improving Economic Literacy: The Role Of Concurrent Enrollment Programs, Donald H. Dutkowsky, Jerry M. Evensky, Gerald S. Edmonds

Economics - All Scholarship

This paper introduces Concurrent Enrollment Programs (CEPs), within the context of Syracuse University Project Advance (PA) Economics, as a way to improve economic literacy. We describe measures implemented to operate PA Economics as a high-quality CEP, as well as the National Alliance of Concurrent Education Partnerships to establish national standards. This study also contains results from administering to high school students taking PA Economics the nationally normed Test of Economic Literacy (TEL). PA students average nearly one percentage point higher than the AP/Honors Economics Group, and score considerably better than AP/Honors Economics in fundamentals and international economics. By cognitive level, …

Rituals Transforming Cultures, Cultures Transforming Rituals: Tea Importers' Headquarters + Interactive Tea Museum, Todd Rubin

Architecture Thesis Prep

Throughout tea's history, rituals have developed ranging from strictly obeying principles in Japanese tea ceremonies to loosely interpreting principles of tea such as drinking a bottle of iced tea in America. Locating a program to explore the historic, cultural, and political connotations of Boston, in its Inner Harbor, tea can be culturally transformed through a process of an interactive museum in conjunction with the headquarters for a tea importing company, which will explore cultural and ritual issues of tea. This exploration will further enhance these transformations of cultures and rituals that exist with the ever changing life of tea.

Can We Compensate For Incompensable Harms?, Adi Ayal

San Diego Law Review

Compensating for harms is the bedrock of the practice of tort law. The hypothetical ideal of "making the victim whole" guides many a classroom discussion and judicial opinion. Yet we all know that his ideal is often unattainable for a variety of practical and conceptual reasons. Focusing on the conceptual issues, a question might be asked: Are we ever Really able to make the victim whole? In this Article, I aim to stress and develop the aspects of the argument I find most convincing, while critiquing others.

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.

For What Must We Pay? Causation And Counterfactual Baselines, Michael Moore

San Diego Law Review

It is often thought that the hard core of our moral obligations - the social minimum, so to speak - is that we do no harm. Regardless of what may be virtuous, supererogatory, or obligatory in making the world a better place, at a minimum we should not make it a worse one. Further, we make the world a worse place whenever we worsen it compared to the way the world would have been without our actions. On this view, our actions must make a difference for us to violate our basic obligations. What gets recorded in our moral ledgers …

What To Compensate? Some Surprisingly Unappreciated Reasons Why The Problem Is So Hard, Leo Katz

San Diego Law Review

The aim of this Article is to get to the bottom of what makes compensation problems so hard.

Compensation: Justice Or Revenge?, Kenneth W. Simons

San Diego Law Review

This Article will suggest that nonconsequentialist accounts of tort doctrine have much more explanatory power than she suggests and that the supposed fact that many tort victims act from vengeful motives has less. At the same time, her revenge interpretation does have value in illuminating some aspects of tort doctrine.

The Grounds And Extent Of Legal Responsibility, Richard W. Wright

San Diego Law Review

To question that is the title of this symposium, What Do Compensatory Damages Compensate?, requires consideration of the basic grounds and purposes of legal responsibility. The question is usefully brought into sharper focus by the specific questions and puzzles posed to the contributors to stimulate thought and discussion.

V.40-4, 2003 Masthead

San Diego Law Review

No abstract provided.

Compensation And Revenge, Emily Sherwin

San Diego Law Review

Compensation is one of the least controversial goals of law; compensating for harms is assumed to be both efficient and morally praiseworthy. I shall argue that the moral component of this assumption needs refinement. Some of the features of legal remedies that pass as compensatory suggest that pursuit of compensation is not entirely virtuous.

A Pertinent Message For Today From Key Constitutional And Administrative Rulings Of Yesterday, Victor G. Rosenblum

San Diego Law Review

This Article discusses the United States' commitment to constitutional governance and the accountability of power and specifically the judiciary's obligation to protect civil liberties from excessive governmental intrusion during times of war. The author begins by describing Chief Justice Rehnquist's 1998 book All the Laws But One: Civil Liberties in Wartime, in which the Chief Justice predicts and suggests that during times of war, courts should bypass judicial principles that traditionally have protected individuals against excessive government intrusion. The author argues that the United States government must demonstrate self-control whether at war or peace. He supports his argument by exploring …

Instrumental Theories Of Compensation: A Survey, Richard Craswell

San Diego Law Review

This Article is to argue (albeit reluctantly)against the union of a compensatory remedy that can be and have been defended from the standpoint of corrective justice on the theory that corrective justice requires that a wrongdoer compensates those that have been wronged versus compensatory remedies that have been defended by economists, and by others who rely on instrument arguments, on the theory that compensatory remedies promote efficiency. In the process, I will survey the economic or instrumental arguments for compensation in some detail, for the benefit of those who may not have kept up with the economics literature. But this …

Introduction, Editorial Board

San Diego Law Review

On February 28-March 1, 2003, the University of San Diego Institute for Law and Philosophy held a conference entitled "Baselines and Counterfactuals in the Theory of Compensatory Damages: What Do Compensatory Damages Compensate?" The articles in this collection emerge from that symposium.

Harm, History, And Counterfactuals, Stephen Perry

San Diego Law Review

In this Article I undertake a very preliminary inquiry into some aspects of the concept of harm. My excuse for doing so in a symposium on compensation is that, in private law and particularly in tort law, an award of damages is often intended to compensate for harm; if we do not know something about the nature of harm, we cannot fully understand the nature of at least this type of compensation.

Deaf Catholic Newsletter, Winter 2003

Deaf Catholic Newsletter

A newsletter published for Deaf Catholics in Philapelphia, PA

Deaf Catholic Newsletter Finding Aid

St. Dominic Deaf Center, December 2003

Saint Dominic Deaf Center

A newsletter published for Deaf Catholics in Houston, TX

Saint Dominic Deaf Center Finding Aid

Catholic Deaf Newsletter, December 2003

Catholic Deaf Newsletter

A newsletter published for Deaf Catholics in Harford, CT

Catholic Deaf Newsletter Finding Aid

Tidings, December-Christmas 2003

Tidings

A newsletter published for Deaf Catholics in Louisville, KY

Tidings Finding Aid

Using Spreadsheets In Geoscience Education: Survey And Annotated Bibliography Of Articles In The Journal Of Geoscience Education Through 2003, Beth Fratesi, H. L. Vacher

School of Geosciences Faculty and Staff Publications

Thirty-eight papers published in the Journal of Geoscience Education ( JGE) from 1989 through 2003 explicitly use or recommend the use of spreadsheets as part of classroom or field exercises, projects, or entire courses. Many of the papers include the spreadsheets, and some include the equations. The papers demonstrate how spreadsheets allow students to explore a subject through problem-oriented, interactive, and quantitative exercises. We provide an annotated bibliography and classify the 38 JGE papers by spreadsheet use, mathematics skill area, and geologic subdiscipline. Our discussion of five selected articles — abundance of elements in the Earth’s crust; directional properties of …

Capital Punishment And The Citizens Of Ohio, John Murphy

University of Dayton Law Review

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

Retribution And The Death Penalty, Andrew Oldenquist

University of Dayton Law Review

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

The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley

University of Dayton Law Review

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

Evolving Standards Of Decency: Cracks In The Foundation, Denise Leboeuf

University of Dayton Law Review

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

The Death Penalty Experiment: The Facts Behind The Conclusions, Eugene Droder Iii

University of Dayton Law Review

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

Death Is Different: An Essay Considering The Propriety Of Utilizing Foreign Case Law In Eighth Amendment Jurisprudence, Joseph Brossart

University of Dayton Law Review

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

Pedro Casanto’S Nightmares: Lucid Dreaming In Amazonia And The New Age Movement, Fernando Santos-Granero

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

Taking as a point of departure the recurring nightmares of a Yanesha boy, the author examines the dream theories and practices of Yanesha people of Peruvian Amazonia.  Particular emphasis is placed on the conscious manipulation of actions taking place in nightmares. This practice, common to many indigenous peoples throughout the world, has become known in Western tradition as “lucid dreaming.” The author explores how New Age thinkers and entrepreneurs have adopted this and other connected indigenous dream practices by means of “simulation,” a mode of appropriating the magic of  “Others” that, in the context of globalized neocolonial encounters, appears as …

Families Of The Forest: The Matsigenka Indians Of The Peruvian Amazon, Gerald Weiss

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

Book review of Families of the Forest: The Matsigenka Indians of the Peruvian Amazon. AllenJohnson. Berkeley: University of California Press, 2003. xvii + 258 pp.,maps, tables, figures, glossary, references, index. ISBN 0-520-23242-9.

A Fresh Look At Amazon Indians: Karl Von Den Steinen And Curt Nimuendajú, Giants Of Brazilian Anthropology, John Hemming

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

This essay examines two German anthropologists who changed the style of Brazilian anthropology.   Karl von den Steinen made first contact with eight peoples of the upper Xingu in the 1880s.  His anthropological observations were accurate and valuable, and he was the first to describe indigenous people as individual human beings.   Curt Nimuendajú also had no formal training, but was on an anthropological or archaeological expedition every year between 1905–1945, produced a prodigious volume of writing, studied shattered tribal remnants as well as newly contacted peoples, and was a pioneer in championing indigenous rights.   Both were seminal figures in the study …