Digital Commons Network^™

The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati

Vanderbilt Law Review

Because the federal securities laws are, at heart, about disclosure, the question of whether and when there is a duty to disclose is often the central question in any given case. Certainly, the Securities & Exchange Commission (SEC) has broad powers to compel disclosures by issuers and certain others and has crafted a mandatory disclosure regime that creates many explicit duties. For a variety of reasons, however, this explicit regime falls short of a comprehensive answer to the duty question. For some sixty years now, the hardest duty questions have been addressed under the rubric of fraud, mainly under Rule …

Growing Pains: The Scope Of Substantive Due Process Rights Of Parents Of Adult Children, Issac J.K. Adams

Vanderbilt Law Review

On February 2, 1958, Milwaukee city police officer Thomas Grady shot and killed 23-year-old Daniel Bell. Officer Grady immediately attempted to cover up the incident, enlisting the help of a fellow officer to place a knife in Daniel's hand and concoct a fictional account of the event. It was only years later, in 1978, that an investigation revealed the true circumstances of Mr. Bell's death. A year after this discovery, the estate of Daniel's father, Dolphus Bell, instituted an action under 42 U.S.C. ? 1983 alleging that the shooting was unconstitutionally, racially motivated, and the death of Daniel Bell deprived …

Political Science News And Views, Fall 2004, Department Of Politics And Government

Department of Politics and Government News and Views

Newsletter of the Department of Politics and Government at Illinois State University

The Evidence On Securities Class Actions, Stephen J. Choi

Vanderbilt Law Review

Shareholders of large publicly held corporations face a well- known collective action problem. To the extent an individual shareholder bears all the costs of activities that benefit the entire group of shareholders (giving the individual shareholder only a fraction of the benefits), the individual shareholder will have marginal incentive to pursue such collective activities. Corporations owe their shareholders specific duties and rights. However, due to the collective action problem, no single shareholder may seek to litigate these rights. In the context of the federal securities laws within the United States, the U.S. regime provides a solution: private class actions. This …

Taking Adequacy Seriously: The Inadequate Assessment Of Adequacy In Litigation And Settlement Classes, Linda S. Mullenix

Vanderbilt Law Review

In the past decade, the debate over settlement classes has moved considerably beyond the "sturm und drang" inspired by the epic settlement classes in Amchem Products, Incorporated. v. Windsor' and Ortiz v. Fibreboard Corporation. Whereas Amchem asked whether and on what terms federal courts were authorized to approve settlement classes, and Ortiz asked whether a mandatory, limited- fund global asbestos settlement was sustainable, the settlement class issue du jour focuses on the ability of litigants to collaterally attack settlements in remote forums and at remote times.

Because the collateral attack problem is so vital to the sanctity of settlement classes, …

Punishment: Benefits, Risks, And Alternatives In A Business Setting, Chris Vaden

Senior Honors Theses

Punishment is utilized in many settings in the world today, but it is continually getting more negative responses for its use in the workplace. Punishment's main use is to decrease the occurrence of a behavior that is undesirable. In a business setting, this would most likely be a behavior that is a violation of policy or unsatisfactory work performance. A comparison of the positive aspects of punishment with its negative features, by utilizing information provided by scholarly journals and websites along with a survey of 31 employees, has yielded the results that there may be a better alternative to punishment.

The Wooster Voice (Wooster, Oh), 2004-10-01, Wooster Voice Editors

The Voice: 2001-2011

This edition of the Wooster Voice was published on October 1 of 2004, it is twelve pages long. The Wooster Volunteer Network and the Campus Council are struggling with allocating funds. The new Honor Code should be implemented some time this semester. Dr. Jane Goodall will be delivering a lecture on September 27. Dr. Michael J. Cook will be delivering the second lecture out of six in the 36th Annual Lay Academy of Religion lecture series. He will be speaking on, "Is John the 'Father of Anti-Semitism- '? Why Jews have so much Trouble with the Fourth Gospel." Elizabeth Weiss's …

Beyond Definitions: Maintaining Biological Integrity, Diversity, And Enivironmental Health In National Wildlife Refuges, James R. Karr

Natural Resources Journal

No abstract provided.

Michael Martin And Ricki Monnier, Eds., The Impossibility Of God, Frank B. Dilley

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

The Emerging Trend Of Comprehensive Church Consultations, Sam S. Rainer Iii

Journal of the American Society for Church Growth

Church consultation is a broad discipline that covers many facets of church needs. And the field covers churches of any size, from small, rural churches to large, suburban megachurches. Granted, a larger church typically has more resources that allows for a deeper analysis, but consultants also have much to offer the smaller church as well.

Book Review: Senior Adult Ministry In The 21st Century By David Gallagher, Charles Arn

Journal of the American Society for Church Growth

No abstract provided.

Fences In Mongolia: A Study Of Land Reform, Nicholas A. Kroshus

Independent Study Project (ISP) Collection

In a feverish ten-hour van ride, my ISP topic and desire to study land privatization developed as I watched the landscape change with each passing kilometer. Sick from food poisoning and riding in the back of van resting on saddles, sleeping bags, and various boxes I realized I wanted to study something involving the economics of Mongolia. Mama Ulziii had recently mentioned the development of land laws and the corruption involving them sparking my flow of thoughts. As I lie in the back being jostled around, hitting my head, I was struck with the idea of discovering how an individual …

Cervical Cancer Screening In Rural South Africa: An Analysis Of The Awareness, Attitudes, And Practices Of Women Served By The Masincedane Clinic, Jordan Schneider

Independent Study Project (ISP) Collection

The aim of this study was to conduct a brief investigation into the awareness, attitudes and practices regarding cervical cancer among women living in Keiskammahoek, a rural area in the Eastern Cape of South Africa. The objectives of this study were to:

• Determine if screening is available within a localized rural community and the methods that are being used.

• Determine if women are coming in for screening, the demographics of these women, and the circumstances that bring them into PHC clinics.

• Investigate the level of knowledge and education about cervical cancer and prevention among women within the …

Descriptive And Comparative Study Of The Nutritional Knowledge And Behavior Of Mothers Of Young Children Who Have Received Targeted Nutritional Education And Those Who Have Not As A Method To Ascertain The Effectiveness Of The Little Tree Nutritional And Educational Centre In Combating Malnutrition In The Pienaarsig Township Of Nieu Bethesda, Eastern Cape Province, South Africa, Amelia Peterson

Independent Study Project (ISP) Collection

No abstract provided.

Managing The Commons Through Obligation: Communality In The Sierra Juárez Of Oaxaca, Katie Moyer

Independent Study Project (ISP) Collection

As one of the most ethnically, culturally, and biologically diverse states in the Mexican Republic, Oaxaca proved to be a good location to learn about alternative forms of social organization. With 570 municipalities, Oaxaca has 23% of the municipalities in the entirety of Mexico. The vast majority of Oaxaca’s municipalities—480—are politically and socially organized through communality, a traditional form of self-government widely known as usos y costumbres (uses and customs). Within the four weeks allotted for this research project the majority of my time was spent in the Northern Sierra Juárez in the state of Oaxaca.

I first visited the …

Ich Rede, Wie Ich Mich Wohl Fühle: Language And Ethnic/Cultural Identity Among German-Born Young Adults Of Turkish Descent In Berlin, Emily R. Jenkins

Independent Study Project (ISP) Collection

My study consisted of ethnographic interviews with young adults ages 19-28, who were born and raised in Germany to parents emigrated from Turkey. My main research question was, “What role does language play in the subjects’ conception of ethnic/cultural identity?” Specifically, I focused on the role of language in how subjects identify with or distinguish themselves from: (1) the ethnic/cultural majority in their country of residence, i.e. Germans; (2) the ethnic/cultural majority in their parents’ country of origin, i.e. Turks in Turkey; and (3) others of similar immigration background, i.e. other German-born people of Turkish descent. Originally I only intended …

Living With The Truth: The Films Of Věra Chytilová, Ethan White

Independent Study Project (ISP) Collection

Despite a career spanning five decades and numerous different sociopolitical atmospheres, Věra Chytilová’s films present a remarkably consistent outlook on contemporary life. This paper traces the defining characteristics of Chytilová’s work: her strong moralistic criticisms of contemporary society, her motif of paradise, which establishes a potent symbolic basis for said moral criticisms, and her relentless pursuit of new forms and desire to experiment with film language. This final point is also inextricably linked to her moral stance, as the bulk of her work was produced under the authority of a Communist regime that frowned severely upon work of an avant-garde …

The Depoliticization Of Czech Female Art, Roya Amirsoleymani

Independent Study Project (ISP) Collection

Contemporary Czech art is heavily influenced by a history of Communism, the 1989 transition to capitalism, and the impact had on visual culture by the political and economic changes after the Velvet Revolution. Czech female art, defined as art made by women that is informed by themes of female identity, image, the body, sexuality, feminism, sexual identity, and gender theory, responds to how female identity has been affected by these social changes. This essay argues that Czech female art is depoliticized by its artists, through either neglect or resistance to political connotations and ramifications, but that it is simultaneously engaged …

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Inclusive Command: Voluntary Integration Of Sexual Minorities Into The U.S. Military, Jennifer Gerarda Brown, Ian Ayres

Michigan Law Review

Many opponents of gays in the military will accept the proposition that gay and lesbian soldiers, most of them closeted, have served their country bravely and well. General Colin Powell has referred to gay service members as "proud, brave, loyal, good Americans" who have "served well in the past and are continuing to serve well." General H. Norman Schwartzkopf agrees: "homosexuals have served in the past and have done a great job serving their country." What these opponents find harder to accept is the proposition that heterosexual people can effectively serve their country if openly gay people are in the …

Turning The Page On Section 5: The Implication Of Multiracial Coalition Districts On Section 5 Of The Voting Rights Act, Daniel A. Zibel

Michigan Law Review

This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court's opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve …

Washington University Record, October 1, 2004

Washington University Record

No abstract provided.

Procedure Manual For Implementation Of Gasb 34 By Indiana Local Public Agencies, Indiana Ltap, Government Fixed Asset Services

Indiana Local Technical Assistance Program (LTAP) Publications

This assistance manual is meant to assist participating governments with certain aspects of the general infrastructure retroactive reporting implementation issues in light of the Governmental Accounting Standards Board Statement No. 34. This assistance manual may prove to be of assistance in prospective reporting as well.

General infrastructure assets per the GASB are comprised of roads, bridges, tunnels, drainage systems, water and sewer systems, dams, and lighting systems. If significant, a government should also include sidewalks, traffic signals, and improved alleys in their reporting. Also to be included are a government's rights-of-way.

The capital asset and general infrastructure provisions of GASB …

Randomized Leader Election, Murali Krishna Ramanathan, Ronaldo A. Ferreira, Suresh Jagannathan, Ananth Y. Grama

Department of Computer Science Technical Reports

No abstract provided.

The Murray State News, October 1, 2004, The Murray State News

Murray State University Collection

No abstract provided.

Indexing And Matching Of Polyphonic Songs For Query-By-Singing System, Tat-Wan Leung, Chong-Wah Ngo

Research Collection School Of Computing and Information Systems

This paper investigates the issues in polyphonic popular song retrieval. The problems that we consider include singing voice extraction, melodic curve representation, and database indexing. Initially, polyphonic songs are decomposed into singing voices and instruments sounds in both time and frequency domains based on SVM and ICA. The extracted singing voices are represented as two melodic curves that model the statistical mean and neighborhood similarity of notes. To speed up the matching between songs and query, we further adopt proportional transportation distance to index the songs as vantage point trees. Encouraging results have been obtained through experiments.

Ethj Vol-42 No-2

East Texas Historical Journal

No abstract provided.

Willing Mistress Or Devoted Wife: Harriet A. Ames In The Early Days Of The Republic Of Texas, Sharon O. Lawrence

East Texas Historical Journal

No abstract provided.

Texas School Laws And Public Education In East Texas: The Beginnings Of Public Schools In Henderson County, Texas, 1854-1868, Kenneth W. Howell

East Texas Historical Journal

No abstract provided.

Book Reviews

East Texas Historical Journal

No abstract provided.