Digital Commons Network^™

The War In Iraq And Imf Reform, S. Brock Blomberg

Syracuse Journal of International Law and Commerce

IMF is largely failing in its mission to address economic stability. However, the Commission unanimously supported a proposal maintaining that the IMF continues to restrict short-term crises assistance. Why limit IMF assistance? Since the IMF provides funds to countries in need, the expectation of such assistance creates moral hazard or incentives that encourage reckless behavior and bad policies for countries. In other words, countries may not make necessary economic reforms because they believe that the IMF will bail them out during difficult times, especially if there is an important strategic interest in preventing a country from economic crisis. good economic …

Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai

Syracuse Journal of International Law and Commerce

Part I of this article develops Nigeria's history of political unrest and deeply divided Muslim and Christian population resulting in the recent emergence of religious governance by Shari'a Law. Part II describes current international law as well as Nigeria's international commitments under three specific treaties. The three treaties discussed are the Convention on the Elimination of all forms of Discrimination Against Women ("CEDA W"), the Optional Protocol to CEDA W ("The Protocol"), and the Convention Against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). Part III details how Shari'a Law conflicts with Nigeria's commitments under the treaties …

The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye

Syracuse Journal of International Law and Commerce

This article looks at customary and statutory laws, such as polygamy, widow inheritance, and other cultural practices that have contributed to the entrenchment of the disease in Africa, particularly sub-Saharan Africa. 7 It also provides a discussion of the African dilemma with recommendations. The article further looks at how weak human rights laws are and how the stigmatization associated with HIV/AIDS has contributed to the multi-faceted and complex nature of this disease in Africa. Additionally, it evaluates the possibility of changing or amending some of the related existing laws by offering a checklist for policy makers and legislators. Finally, the …

The Police Powers: A Pretext For Protectionism?, David M. Nelson

Syracuse Journal of International Law and Commerce

The first part of this note will define administrative and technical regulations and discuss recent trends toward these regulations in the European Community. The second part will concentrate on protectionism and analyze the negative effects of protectionism on consumers and producers. This part will set forth four arguments against protectionism. These four rationales can be divided into: (1) economic rationale; (2) retaliation rationale; (3) legitimacy of international law; and (4) purpose of the World Trade Organization (WTO). Part three will examine the current legal atmosphere surrounding health and safety regulations. This part will examine the Agreement on Sanitary and Phytosanitary …

A Leader's Guide To The Factors Influencing Organizational Commitment: A Study Of Nurses In Taiwan, Lichi Huang

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Attack-Resistant Location Estimation In Wireless Sensor Networks, Dongdang Liu, Peng Ning, An Liu, Cliff Wang, Wenliang Kevin Du

Electrical Engineering and Computer Science - All Scholarship

Many sensor network applications require sensors’ locations to function correctly. Despite the recent advances, location discovery for sensor networks in hostile environments has been mostly overlooked. Most of the existing localization protocols for sensor networks are vulnerable in hostile environments. The security of location discovery can certainly be enhanced by authentication. However, the possible node compromises and the fact that location determination uses certain physical features (e.g., received signal strength) of radio signals make authentication not as effective as in traditional security applications. This paper presents two methods to tolerate malicious attacks against range-based location discovery in sensor networks. The …

Characterization Of Impacts To Water Resources Of Upper Miller Creek From Septic System Effluent, Missoula County, Montana, Tobias J. Hewitt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Education Finance Reform In New York: Calculating The Cost Of A 'Sound Basic Education' In New York City, William Duncombe, John Yinger

Center for Policy Research

In June 2003 the New York State Court of Appeals altered the education-finance landscape with its ruling in Campaign for Fiscal Equity v. New York. This ruling called for “[r]eforms to the current system of financing school funding” designed to ensure “that every school in New York City would have the resources necessary for providing the opportunity for a sound basic education.” This ruling addressed a wide range of issues, but also declared that “the funding level necessary to provide City students with the opportunity for a sound basic education is an ascertainable starting point.” This policy brief addresses the …

Do We Invest Less Time In Children? Trends In Parental Time In Selected Industrialized Countries Since The 1960'S, Anne H. Gauthier, Timothy M. Smeeding, Frank F. Furstenberg

Center for Policy Research

This paper examines trends in parental time in selected industrialized countries since the 1960s using time-use survey data. Despite the time pressures to which today’s families are confronted, parents appear to be devoting more time to children than they did some 40 years ago. Results also suggest a decrease in the differences between fathers and mothers in time devoted to children. Mothers continue to devote more time to childcare than fathers, but the gender gap has been reduced. These results are observed in several countries and therefore suggest a large global trend towards an increase in parental time investment with …

School Finance, Equivalent Educational Expenditure, And Income Distribution: Equal Dollars Or Equal Chances For Success?, Kathryn Wilson, Kristina T. Lambright, Timothy M. Smeeding

Center for Policy Research

This paper breaks new ground in the debate on school finance and equality of per pupil school expenditures. We are able to allocate expenditures per pupil at the *individual* student and family income level. This allows us to examine both student and school district characteristics and to assess several measures of equality of expenditure across the income distribution of parents and by funding sources. We find a surprising degree of equality in the actual amounts expended per child in low- vs. high-income families. But adjusting for student needs to reach equivalent education expenditures results in much greater inequality over the …

The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo

Faculty Scholarship

This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …

A Characterization Of The Shallow-Water Coral Reefs And Associated Habitats Of Puerto Rico, Matthew S. Kendall, Curtis R. Kruer, Ken R. Buja, John D. Christensen, Ernesto Diaz, Robert A. Warner, Mark E. Monaco

Gulf and Caribbean Research

We mapped bottom types and shelf zones of 1600 km² or about one fourth of Puerto Rico’s insular shelf from the shoreline to the shelf edge. Overall map accuracy for these bottom types is estimated as 93.6% correct. Maps were produced through visual interpretation of benthic features using orthorectified aerial photographs within a Geographic Information System with customizable software. The maps are one component of an integrated mapping and monitoring program underway by NOAA and its partners in the US Coral Reef Task Force to assess all US reef ecosystems. Maps are currently being used to enhance coastal research …

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Montana Law Review

Constitutional Dialogue and Human Dignity

Graceful Maneuvering: Corporate Avoidance Of Liability Through Bankruptcy And Corporate Law, John C. Heenan

Montana Law Review

Corporate Avoidance of Liability Through Bankruptcy and Corporate Law

Graduate Programs Commencement, 5th Class (2004), Philadelphia College Of Osteopathic Medicine

Commencements

This digital project provides access to PCOM Graduate Commencement Programs. Commencement is a collaborative effort by the offices of Academic Affairs, Student Affairs, Enrollment Management, and Registrar, with support from a variety of other college departments.

Monopsony As An Agency And Regulatory Problem In Health Care, Peter J. Hammer, William M. Sage

Faculty Scholarship

The article is organized as follows. Part I returns to the source, explaining the controversy in Kartell, examining Breyer's opinion, and summarizing its impact on other courts. Part II looks at Kartell through the lens of classic monopsony theory involving suppliers, producers, and consumers, and focuses on the opinion's oversimplification of the relationship between health insurers and insured individuals. It further considers whether lower input prices result in lower consumer prices in the endproduct market, and, therefore, whether monopsony power can be welfare-enhancing. Part III evaluates Kartell's disregard of other important principal-agent problems in health care that arguably influence the …

Age-Related Differences In Susceptibility To Carcinogenesis: A Quantitative Analysis Of Empirical Animal Bioassay Data, Dale Hattis, Robert Goble, Abel Russ, Margaret Chu, Jen Ericson

Sustainability and Social Justice

In revising cancer risk assessment guidelines, the U.S. Environmental Protection Agency (EPA) analyzed animal cancer bioassay data over different periods of life. In this article, we report an improved analysis of these data (supplemented with some chemical carcinogenesis observations not included in the U.S. EPA's original analysis) and animal bioassay studies of ionizing radiation. We use likelihood methods to avoid excluding cases where no tumors were observed in specific groups. We express dosage for animals of different weights on a metabolically consistent basis (concentration in air or food, or per unit body weight to the three-quarters power). Finally, we use …

Steering And Rowing In Health Care: The Devolution Option?, Colleen Flood, Joanna Erdman, Duncan Sinclair

Articles, Book Chapters, & Popular Press

Publicly funded health care systems are often the subject of heated policy debates. All too often (particularly in Canada), these debates focus on the prohibitive costs, the resultant taxation levels, and the questionable efficiency and outcomes associated with a publicly funded system. Moreover, the institutionalization of the system and the entrenchment of its many stakeholders make effecting change particularly difficult. In this article, the authors begin with an assessment of the drawbacks of the Canadian health care system in the federal-provincial context and its resulting gaps in governance (steering), in management (rowing), and in overall accountability (apart from that offered …

The Boundaries Of Medicare: Tensions In The Dual Role Of Ontario's Physician Services Review Committee, Colleen Flood, Joanna Erdman

Articles, Book Chapters, & Popular Press

In this research, we describe and analyse the Physician Services Committee (PSC) in Ontario, focusing on its role in determining what physician services are publicly funded and what services are de-listed (i.e. no longer eligible for public funding). We explain how the PSC's role in determining the boundaries of Medicare is in tension with its role as a medium for labour relations between the government and the medical profession. We suggest that while the values of privacy, secrecy and a lack of transparency may enhance the PSC's fulfillment of its labour relations mandate, they impede the Committee's successful fulfillment of …

Intra-Individual Information Behaviour In Daily Life, David H. Michels, Heidi Julien

Articles, Book Chapters, & Popular Press

This study addresses the lack of attention in the literature paid to detailed analysis of individuals information behavior in daily life contexts. In particular, the study characterizes one individuals information behavior across different daily life situations, to seek behavioral patterns that might be associated with various aspects of each information seeking situation. Data was collected through participant diaries, and subsequent oral interviews. This study reports on source selection, and influence of various aspects of the situations described. These aspects were identified from analysis of the interview transcripts, and include time constraints and pressures, motivation for the information need, context of …

Abstinence-Only Adolescent Education: Ineffective, Unpopular, And Unconstitutional, James Mcgrath

Faculty Scholarship

Abstinence-only and abstinence-only-until-marriage education programs, ostensibly designed to prevent unwanted pregnancy and sexually transmitted disease ("STD") infection, are a waste of valuable public health resources of both time and money. These ideologically based interventions interfere with serious, effective public health education and must be dismantled. Not only are abstinence-only programs ineffective for their intended purpose, they are dangerous in that they fail to protect our nation's youth against serious and potentially deadly diseases. Furthermore, these programs unconstitutionally violate both the Establishment Clause and the unconstitutional conditions doctrine.

Part I of this Article reviews the history of abstinence-only education funding legislation …

Regulating By Litigation: The Epa's Regulation Of Heavy-Duty Diesel Engines, Andrew P. Morriss, Bruce Yandle, Andrew Dorchak

Faculty Scholarship

In this Article, the authors provide a case study of heavy-duty diesel engine regulation under the Clean Air Act, which reveals how the Environmental Protection Agency (EPA) chooses various means of regulation at different times. The Article relates the EPA's choices to the incentives the agency faces. The Article also shows how the different forms of regulatory activity influence agency regulations. Finally, the Article concludes with a critique of regulation-by-litigation as a means of imposing substantive rules.

The Private Foundation's Topsy Turvy Road In The American Political Process, William H. Byrnes Iv

Faculty Scholarship

This article studies this American political debate on the charitable tax exemption from 1864 to 1969, in particular, the debate regarding philanthropic, private foundations. The article's premise is that the debate's core has little evolved since that between the 1850s and 1870s. To create perspective, a short brief of the modern economic significance of the foundation sector follows. Thereafter, the article begins with a review of the preand post-colonial attitudes toward charitable institutions leading up to the 1800s debates, illustrating the incongruity of American policy regarding whether and to what extent to grant charities tax exemption. The 1800s state debates …

The Duty To Preserve Documents Before Litigation Commences, Camille Cameron

Articles, Book Chapters, & Popular Press

This paper explores the nature, extent and boundaries of the duties that exist to preserve relevant documents where no litigation has yet commenced and where such litigation can be reasonably anticipated. It uses as the context for this discussion the recent tobacco litigation case McCabe v. British Australian Tobacco (BA T). The duties to preserve are considered from the perspectives of prospective plaintiffs, who need the documents to prove a claim; prospective defendants (and their servants, agents and employees), who may for legitimate reasons have document management policies that call for routine destruction of documents; and judges (and juries), who …

Comment: A Public Choice Perspective On The Federal Circuit, Andrew P. Morriss

Faculty Scholarship

The Federal Circuit is different from other federal courts in important ways. Professor Dreyfuss has done pioneering work on the Federal Circuit as an institution and her article in this Symposium extends that work. As a nonexpert on patent law, my contribution to this Symposium is not to offer a substantive critique of the Federal Circuit's patent law jurisprudence. Instead, I will apply the public choice perspective to this particular judicial institution. This perspective includes some background thinking about how the federal judiciary works as an institution and about how judicial background affects how judges decide things.

Birth After Death: Perpetuities And The New Reproductive Technologies, Sharona Hoffman, Andrew P. Morriss

Faculty Scholarship

The Rule Against Perpetuities ("Rule" or "RAP") has long terrorized law students and lawyers alike: "no interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest." Despite this deceptively simple formulation, the Rule's complexities have bedeviled generations of property students and practitioners on both sides of the Atlantic. Reformers argue that the Rule's complexity is unnecessary to achieve the Rule's objectives and turns it into merely a malpractice trap.

Despite this "reign of terror," the Rule continues to apply in various forms in most …

The Effects Of A One-Tesla Magnet On Human Fibroblast Cell Growth, Ashley Chaplin

Theses and Dissertations

The controversy regarding the ill effects of electromagnetic fields began in 1979 when Nancy Wertheimer and Ed Leeper claimed to have found a connection between childhood leukemia and power lines. In 1997, a group of researchers led by Martha Linet, M. D., attempted to provide evidence that there was no link between cancer and electromagnetic fields. The study showed that the risk of acute lymphoblastic leukemia did not escalate with increasing electromagnetic field levels in the children's homes. When compared to the Earth's static magnetic field of 0.5 Gauss, these fields were extremely small. Within the past decade, magnets have …

Internet-Mediated Communication: Publicly Interpersonal, Katharine A. Cannella

Theses and Dissertations

A thesis on communication between individuals as mediated by the Internet, concluding that certain types of messages are interpersonal as well as public in nature. Away messages and blogs are examined as evidence that Internet- mediated interpersonal communication is a new context. The researcher determines that Internet-mediated communication (IMC) results in several communicative adaptations unique to this medium and that significance lies within the development of extended interpersonal relationship through the creation and expansion of online social networks.

War And State Formation: A Mennonite Critique, Sandra F. Joireman

Political Science Faculty Publications

This paper is an attempt to tackle the theory of war as a tool of state formation. Though I use the tools of my discipline to refute the theory in its contemporary manifestation, the paper is motivated by a theological belief regarding the sinfulness and depravity of war. I begin the paper by thoroughly exploring the benefits of strong states from a comparative historical perspective, since this has been critical to the theory's revival. Then I will discuss the theory that war makes strong states, looking first at the work of Charles Tilly, the best-known theorist in the area of …

Did A Rising Tide Lift All Boats? The Nih Budget And Pediatric Research Portfolio, Daniel P. Gitterman, Robert S. Greenwood, Keith C. Kocis, Rick Mayes, Aaron N. Mckethan

Political Science Faculty Publications

This paper examines National Institutes of Health (NIH) pediatric research spending in absolute terms and relative to the doubling of the NIH overall budget between fiscal years 1998 and 2003. Pediatric spending increased by an average annual rate of 12.8 percent during the doubling period (almost on par with the NIH average annual growth rate of 14.7 percent). However, the proportion of the total NIH budget devoted to the pediatric portfolio declined from 12.3 to 11.3 percent. We offer recommendations for implementing existing commitments to strengthen the pediatric research portfolio and to protect the gains of the doubling period.