Digital Commons Network^™

On Virtue And Peace: Creating A Workplace Where People Can Flourish, Caryn L. Beck-Dudley, Steven H. Hanks

Vanderbilt Journal of Transnational Law

In this Article, Professors Beck-Dudley and Hanks explore the virtues necessary for individuals to flourish within a business organization. Through this exploration, they conclude that modern discussions of business ethics fail to account for the value and virtue of peaceableness. Then, focusing on the freedom from conflict aspect of peaceableness, they use Champion Paper Products, Sartell Minnesota Paper Mill, as a case study in the significant improvements in human flourishing and organizational performance that can occur when management and labor choose peaceable solutions to labor conflicts.

Novartis And The U.N. Global Compact Initiative, Lee A. Tavis

Vanderbilt Journal of Transnational Law

The U.N. Global Compact initiative evolved from a challenge posed by Secretary-General Kofi Annan to the business community at the World Economic Forum in Davos in January 1999. "I call on you--individually through your firms, and collectively through your business associations--to embrace, support, and enact a set of core values in the areas of human rights, labor standards and environmental practices." His vision is "to give a human face to the global market." Over a year of intense interaction among business chief executive officers and associations, non-governmental organizations, labor unions, and four U.N. agencies led to the formulation of nine …

Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling

Vanderbilt Journal of Transnational Law

Transparency International consistently rates the levels of corruption in Nigeria among the highest in the world. Pervasive corruption appears to permeate many levels of Nigerian society. The current Nigerian government, however, has taken great steps to combat this problem through cooperation with the U.N. Global Programme.

This Note examines the structure and goals of the Global Programme and evaluates Nigeria's participation in the project. Part I provides a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III analyzes the basic structure of the Programme, while Part IV outlines Nigeria's efforts pursuant to the …

Reading And Writing Workshop In A Multiage Primary Classroom, Pamela Evanshen, Susan Lewis

ETSU Faculty Works

No abstract provided.

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 …

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. …

Nafta's Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles H. Brower

Vanderbilt Journal of Transnational Law

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

Domestic Violence And Asylum: Is The Department Of Justice Providing Adequate Guidance For Adjudicators, Christina Glezakos

Santa Clara Law Review

No abstract provided.

My Father Is A Woman, Oh No: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interest Of The Child, Helen Y. Chang

Santa Clara Law Review

No abstract provided.

Liability For The Threat Of A Sale: Assessing Patent Infringement For Offering To Sell An Invention And Implications For The On-Sale Patent Ability Bar And Other Forms Of Infringement, Timothy R. Holbrook

Santa Clara Law Review

No abstract provided.

Presumed Functional Until Rebutted: The Increased Difficulty Of Obtaining Trade Dress Protection With An Expired Utility Patent, Nancy Sya

Santa Clara Law Review

No abstract provided.

Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson

Santa Clara Law Review

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Santa Clara High Technology Law Journal

No abstract provided.

Intellectual Property Strategy In Bioinformatics And Biochips, Dennis Fernandez, Mary Chow

Santa Clara High Technology Law Journal

No abstract provided.

Can Fingerprints Lie?: Re-Weighing Fingerprint Evidence In Criminal Jury Trials, Tamara F. Lawson

Articles

This article discusses fingerprint evidence and its use in criminal jury trials. It is commonly thought that fingerprints "never lie"; however, this article reveals the little known fact that the "science" of fingerprint identification has never been empirically tested or proven to be reliable. It further exposes the seldom-discussed issue of fingerprint misidentification and latent print examiner error. The article explains the importance of fingerprint evidence and its extensive use in all phases of the criminal justice system. Specifically, the article plays out the dramatic courtroom scenario of incriminating fingerprints being found at a crime scene and matching the accused …

Selberg's Trace Formula On The K-Regular Tree And Applications, Audrey Terras, Dorothy Wallace

Dartmouth Scholarship

We survey graph theoretic analogues of the Selberg trace and pretrace formulas along with some applications. This paper includes a review of the basic geometry of a k-regular tree E (symmetry group, geodesies, horocycles, and the analogue of the Laplace operator). A detailed discussion of the spherical functions is given. The spherical and horocycle transforms are considered (along with three basic examples, which may be viewed as a short table of these transforms). Two versions of the pretrace formula for a finite connected k-regular graph ×□Γ\Ξ are given along with two applications. The first application is to obtain an asymptotic …

The Spinster (2003), Hollins University

The Spinster

Yearbook of Hollins University (previously College)

Costs Of Feeding Guinea Pigs In Two Meat-Producing Populations In The Field And Experimental Station, Sara Taborga Galindo

Theses and Dissertations

The cost of feeding has been pointed out as the most trascendet investment inside a guinea-pig production. The present work carries out with the purpose to determine and to quantify feeding costs, total costs of production and profitability of Tamborada and MEJOCUY guinea-pig populations. In the stage of suckling period, breed and gestation, experimental station and field. The result of feeding cost was 0.05 and 0.03 $US in suckling period (14 days) for Tamborada and MEJOCUY population, in breeding (42 days) it was 0.14 $US in both populations and in gestation (67 days), it was 0.42 and 0.40 $US. In …

Adapting Corporate Governance For Sustainable Peace, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

Acts of violence toward multinational corporations have important consequences for the way these companies will need to structure their approach to international business. This Article proposes four contributions that corporations can make to sustainable peace. By incorporating sustainable peace as a business objective, multinational corporations may be able to blend extant corporate governance principles with a goal that can significantly contribute to the reduction of violence in society.

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 …

Determination Of The Botanical And Chemical Composition Of The Pasture Diet Selected By Llamas (Lama Glama) During The Rainy Season In The Community Of Pujrata, Cristóbal Achu Nina

Theses and Dissertations

Llamas (Lama glama) take advantage of poor natural forage (grasses and others) due to their efficient digestive physiology that is adapted for this type of forage. The problem now faced is the gradual exhaustion of the native grassland (low phytomass production). The vegetation does not cover the dry matter consumption requirements, and less so the nutrient requirements, of these animals. Because of this there is the necessity of determining the botanical composition, pasture selection by plant parts, and chemical composition of what llamas ingest in order to improve these animals' nutrition in the pasture. This study occurred at the Larqa …

Review Of American Men: Who They Are & How They Live, Rebecca Tolley

ETSU Faculty Works

Review of American Men : Who They Are & How They Live. New Strategist. 2002. 387p, 1-885070-44-6, $89.95

Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

When I was asked to speak on behalf of the students regarding Professor Charney's contributions to the Law School, I did initially wonder how closely my relationship with him mirrored the experiences of other students. I worked for him for almost two years as a research assistant for the American Journal of International Law; I spoke with him frequently, either in person or via e-mail, about various international legal issues; and he advised me on both my student note for the Vanderbilt Journal of Transnational Law and on my PhD dissertation. Thus, I knew the image that I had of …

The Return Of Timberlane?: The Fifth Circuit Signals A Return To Restrictive Notions Of Extraterritorial Antitrust, William J. Tuttle

Vanderbilt Journal of Transnational Law

Over the past 100 years, the United States has remained ambivalent regarding the potential extraterritorial application of its antitrust laws. The executive, legislative, and judicial branches began with a doctrine of strict territoriality but promptly shifted toward an examination of the effects of the antitrust activity on U.S. commerce. Since the 1970s, the branches of government have refrained the question as one of statutory interpretation, embraced considerations of international comity, modified those considerations, and eventually rejected many of those same considerations.

Throughout this chaos, however, the results reached by the various branches of government have typically been consistent with the …

Defining Religion, James M. Donovan

Law Faculty Books and Chapters

The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the …

Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald

Faculty Articles

Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.

The Changing Nature Of Long-Term Care In Maine, Paul Saucier Ma, Julie T. Fralich Mba

Disability & Aging

The increase in the proportion of older adults, many with one or more chronic medical conditions, will increase the demand for long-term care. Paul Saucier and Julie Fralich discuss the socio-demographic factors affecting long-term care policy, and describe various state and federal options for providing and financing long-term care. They note that Maine’s long-term care system has so far been able to absorb considerable growth in people by serving increasing numbers in lower-cost settings. Cost sharing has been introduced, and tax policy has been changed to provide incentives for long-term care insurance. Policymakers must now consider whether the current balance …

Evaluation Of Rink Link Alpha One – Center For Independent Living, Josephine M. Laplante

Disability & Aging

No abstract provided.

Reflections [Complete Issue : First Quarter 2003], Sigma Theta Tau International, Joyce J. Fitzpatrick, Lynne Lancaster, David Stillman, Jennifer L. Hobbs, Fjola Hart-Wasekeesikaw, Mary Pattock, Roselin Ang, Long Chooi Fong, Agnes A. Oggot, Bridget Linehan Logan

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

The Case for the Clinical Doctorate in Nursing

Tips …

Reflections [Complete Issue : Second Quarter 2003], Sigma Theta Tau International, Kathy N. Player, Beth P. Houser, Linda M. Finke, Genevieve Gray, Barbara Medoff-Cooper, Jennifer Couvillon, Pamela Woods, Anne R. Bavier, Laura Moran Pena, Carol M. Musil, James Mattson

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Take the Lead!

Still Opening Doors

Conspiracy of Silence …