Digital Commons Network^™

Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …

Caregiving Through A Relationship Lens In Reggio Emilia And A Lab School In Canada, Carolyn P. Edwards, Alex Dougherty

Department of Psychology: Faculty Publications

In recent years developmental scientists have described the tasks of relationship-building that contribute to early development: security and attachment, self-recognition and validation, mutuality and companionship, passionate experience, identification and group belonging, and giving care to others. Relationship-building begins within the family, then, in extending it outside the family, early education can play a key role. This selection contains two parts. The first piece describes the kinds of benefits these widening relationships can provide for very young children and outlines some specific steps that educators in Reggio Emilia, Italy, have taken to ensure the best, most "amiable" environments. The second piece, …

"Great Expectations" Defeated?: The Trajectory Of Collective Bargaining Regimes In Canada And The U.S. Post-Nafta, Eric Tucker

Articles & Book Chapters

From the beginning of the free-trade era one contentious area has been the impact of trade liberalization on labor law. Opponents of NAFTA (and some supporters) predicted a regulatory race to the bottom (RTB) would ensue leading to increasingly deregulated labor markets. The result would be weaker collective bargaining laws, lower minimum standards, and a decline in the social wage. In recent years a number of scholars have examined the question in light of more than fifteen years experience under CUFTA and ten under NAFTA and there seems to be a growing consensus that, contrary to those 'great expectations', labor …

"Labour Is Not A Commodity": The Supreme Court Of Canada And The Freedom Of Association, Judy Fudge

Articles & Book Chapters

This article charts the shift in the Supreme Court of Canada's interpretation of the Charter of Rights and Freedoms' guarantee of freedom of association in the context of claims by trade unions for protection of their collective bargaining rights. It places this shift in Canadian Charter jurisprudence in the broader context of neo-liberal politics and globalization, and it considers the extent to which the Supreme Court, along with the International Labour Organization, can be understood as responding to the challenge to develop new norms of governance.

Caveat Emptor: Direct-To-Consumer Supply And Advertising Of Genetic Testing, Roxanne Mykitiuk

Articles & Book Chapters

This article has 4 intents: 1. to highlight the major players and targeted consumers in the realm of private access to genetic testing and DTC advertising. 2. to canvass arguments for and against private access to commercially available genetic testing. 3. to analyze the recent DTC campaign by Myriad as an example of what may be on the horizon for Canada. 4. to question the adequacy of Canada's current regulatory system to deal with advertisements of this nature and, by examining the routes taken in other jurisdictions, to explore the potential for an improved regulatory framework specific to genetic testing …

Neighborhood, Crime, And Incarceration In New York City, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

Several new studies suggest that social and spatial incarceration of young males has become part of the developmental ecology of adolescence in the nation's poorest neighborhoods. This concentration began in the 1970s, and has grown steadily through the last quarter century.The story of young men such as Cesar in Random Family illustrates the pervasive effects of both direct and vicarious prison experiences for young men and women in poor neighborhoods. Studies of street life such as Random Family, Code of the Streets, and American Project show how these experiences are now internalized in the social and psychological fabric of neighborhood …

Effects Of A Transdiagnostic Group Treatment For Anxiety On Secondary Depression, Peter J. Norton, Sarah A. Hayes, Debra A. Hope

Department of Psychology: Faculty Publications

Researchers have recently explored transdiagnostic anxiety treatments based on models of anxiety emphasizing a single common pathway across diagnostic categories. Results from a previous study (Norton and Hope, in press) indicated that a transdiagnostic approach was effective for both targeted and untargeted anxiety disorders. Consistent with the tripartite model, the transdiagnostic treatment should also influence symptoms of a broader pathology such as negative affectivity. This follow-up to Norton and Hope found significant decreases in depressed mood for clients undergoing transdiagnostic treatment for anxiety when compared to wait-list control participants. Although not statistically established, severity of depressive diagnoses seemed to generally …

The Alien Tort Statute, Civil Society, And Corporate Responsibility, Sarah H. Cleveland

Faculty Scholarship

The topic of this panel is civil participation in the global trading system, with a particular focus on Doe v. Unocal Corp. and use of the Alien Tort Statute (ATS) to enforce fundamental human rights norms against multinational corporations. These comments will therefore attempt to locate Doe v. Unocal and other ATS litigation in the broader efforts of civil society to establish and maintain normative principles for corporate responsibility in the global trading regime. This comment first explains the role of ATS litigation in the broader civil society context and the contribution of ATS cases to the development and enforcement …

Supplemental Environmental Projects Have Been Effectively Used In Citizen Suits To Deter Future Violations As Well As To Achieve Significant Additional Environmental Benefits, Edward Lloyd

Faculty Scholarship

Supplemental Environmental Projects (SUPs) are environmentally benefical projects included in settlements of environmental law enforcement cases. Courts have addressed SEPs in two contexts: where proposed by parties in consent decrees and where courts have fashioned SEPs as apart of the relief ordered in an enforcement case. SEPs have been extensively used in both government and citizen enforcement cases despite the nearly universal absence of any explicit legislative authorization by Congress. Congress has tangentially recognized the place of SEPs in the penalty and deterrence scheme by giving the Administrator of the United States Environmental Protection Agency (EPA) and the Attorney General …

California's Three Strikes And We're Out: Was Judicial Activism California's Best Hope?, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Relationship Between Extent Of Extracurricular Participation, Employment, And Substance Use Among Middle And High School Students, Lynn Hunt Long

UNF Graduate Theses and Dissertations

This study examined the relationship between student use of substances and extent of participation in school and/or community sponsored sport or nonsport activity. The study also examined student substance use and extent of participation in sport or nonsport activity together with extent of employment.

Data were provided by 24,699 public school youths who attended grades 6 through 12 and completed the 2001-2002 Duval Secondary Substance Use and Violence Survey: Knowledge, Attitudes, and Behaviors. Frequency tables, crosstabulation, chi-square tests, and loglinear analysis were used to analyze the data.

The study found: (a) a higher percentage of respondents who participated in 11 …

Enterprise Risk Management : Integrated Framework: Executive Summary, Framework, September 2004, Pricewaterhousecoopers Llp, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Unconstitutional Police Searches And Collective Responsibility, Bernard E. Harcourt

Faculty Scholarship

Then the police officer told the suspect, without just cause, "I bet you are hiding [drugs] under your balls. If you have drugs under your balls, I am going to fuck your balls up."

Jon Gould and Stephen Mastrofski document astonishingly high rates of unconstitutional police searches in their groundbreaking article, "Suspect Searches: Assessing Police Behavior Under the U.S. Constitution." By their conservative estimate, 30% of the 115 police searches they studied – searches that were conducted by officers in a department ranked in the top 20% nationwide, that were systematically observed by trained field observers, and that were coded …

West Michigan Economic Forecast 2004, Hari Singh, Nancy Boese

Seidman Business Review

Our latest survey forecast for the Grand Rapids MSA Kent, Ottawa, Muskegon, and Allegan counties) was conducted in November 2003.

• Business Confidence, employment, and sales are expected to increase modestly in 2004.

• The Confidence Index, currently at 65% for the Grand Rapids economy, is projected at 71% for 2004.

• In spite of painful structural adjustments, employment prospects will continue to build in 2004.

• Sales growth is expected to grow at a tepid 2.6% for 2004.

• 47% of the respondents expect a consistent robust growth rate of 4% after December 2004.

Commercial Real Estate Outlook For 2004, Camille S. Perry

Seidman Business Review

Experts agree we are on the road to recovery nationally, but how is West Michigan’s real estate market faring? In 2003, the Midwest saw manufacturing continue to downsize, causing still more increases in vacancy and unemployment. West Michigan was no exception; unemployment rates surpassed 8 percent, the highest in a decade. The industrial market, which had until recently been the strongest in the area, is now taking a back seat to the retail market. Although the area is starting to show signs of economic improvement, the industrial market may take several years to recover. The office market has remained rather …

Creating, Capturing, And Sustaining Value: The Case Of West Michigan Furniture Industry, Vipin Gupta

Seidman Business Review

The office furniture business in West Michigan has been going through the second major postwar slump in its history. The first slump was in the 1950s when America's furniture makers challenged the leadership of West Michigan furniture business by migrating to North Carolina. At the time, the effects on the West Michigan economy were mitigated through diversification, innovation, and niche markets strategies. The effects of the current slump have been far more devastating; more than 100,000 furniture-making jobs have been lost in the U.S. The larger firms have faced far more difficulties, though many smaller ones, such as John Widdicomb …

Today’S Undergraduate Students … Tomorrow’S Entrepreneurs?, Nancy M. Levenburg

Seidman Business Review

It is often said that owning a small business is part of the American Dream. Collectively, U.S. small businesses represent an estimated 99 percent of all employers (U.S. Small Business Administration, 2002). Interest in creating and owning a small business has never been greater than it is today: new business formation in the U.S. has broken successive records for the last few years, growing at a rate of between two and nine percent and totaling over one-half million annually.

Preconceived Physician Attitude Toward Computerized Physician Order Entry (Cpoe): Implications For Successful Implementation, John Arthur Hoffstatter

UNF Graduate Theses and Dissertations

There has been a societal and legislative push to implement computerized physician order entry (CPOE) systems throughout hospitals nationally in recent years due in large part to the public's awareness of an inordinate number of patient deaths due to medication errors in hospital settings. This mortality, and untold morbidity, became even more unacceptable when published findings suggested the majority of these 100,000 deaths each year could be avoided through the use of CPOE systems.

Yet acceptance has been slow and only a fraction of the hospitals have implemented this technology due to large start up costs, enormous technological requirements, and …

Perceptions Of Board Effectiveness In Selected Institutions Of Higher Education In Zimbabwe, Bonginkosi Zvandasara

Dissertations

Problem

The purpose of this study was to identify the level of board effectiveness in selected private and public universities in Zimbabwe as perceived by board members. Also, the study sought to determine the influence of such demographic variables as age, education level, and years of service on the seven factors of university functioning: institutional mission, institutional planning, physical plant, financial management, board membership, board organization and performance, and board/vice chancellor relations.

Method

The survey method was used to collect data. Respondents were asked to complete a 47-item questionnaire and indicate their level of agreement on each of the questions …

Self-Reported Personal Problems Of Adventist Academy Students, Ellen Marsh Crosby

Dissertations

Problem. Adolescence is a time fraught with many challenges. There are no current studies prior to this one for Adventist academy students concerning the whole range of their personal problems.

Method. A survey of students in 14 Adventist academies was conducted in the regular classroom setting using the Personal Problems Checklist for Adolescents (PPC-A). The data were analyzed using descriptive and inferential statistics. Data were tested with one-way, two-way, and, three-way ANOVA and correlation coefficients to determine differences between males and females, age groups 13/14 to 18/19, and in three different settings of day, boarding, and self-supporting Adventist …

The International Significance Of An Instance Of Urban Environmental Inequity In Tijuana, Mexico, Tseming Yang

Faculty Publications

No abstract provided.

Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman

Faculty Publications

No abstract provided.

Representing The Juvenile Delinquent: Reform, Social Science, And Teenage Troubles In Postwar Texas, William S. Bush

History Faculty Publications (Archived)

No abstract provided.

"The Right To Be Sexual" (Revisited): Remembering Mary Dunlap, Patricia A. Cain

Faculty Publications

No abstract provided.

Darfur And The Rhetoric Of Genocide, Beth Van Schaack

Faculty Publications

The ancient concept of humanitarian intervention has become the subject of renewed debate and discussion at the inter-governmental level, within the non-governmental sector, and in the academy. This concept can be defined as the intervention into the territorial state by another state or a collective of states, with or without authorization from the United Nations Security Council, for the promotion or protection of basic human rights where the territorial state is perpetuating abuses or is unable or unwilling to provide the necessary protection to its inhabitants. Although intrigued by the concept in theory, interested parties are grappling with the specifics …

Rethinking The Role Of The Dormant Commerce Clause In State Tax Jurisdiction, Bradley W. Joondeph

Faculty Publications

Perhaps the biggest controversy in state and local taxation today concerns the constitutional authority of the states to impose taxes on goods purchased over the Internet. Some argue that the current, bright-line rule of "physical presence" is the appropriate standard for determining a state's jurisdiction under the dormant Commerce Clause. Others contend that jurisdiction should instead be resolved on the more pragmatic basis of a firm's "economic presence" in the taxing state. Regardless, commentators seem to agree that the dormant Commerce Clause imposes jurisdictional limits on state taxation; the dispute concerns the content of those standards. This article contends that …

Validating The Substance Abuse Subtle Screening Inventory For Identifying Substance Abuse Among Adolescents In A Residential Treatment Center, Ann Carol Singler

Dissertations

Purpose. This study examines the construct validity of the Substance Abuse Subtle Screening Inventory for Adolescents (SASSI-A) as a substance-abuse screening instrument for dual-diagnosed adolescents in a residential treatment center.

Method. Using archival records of 336 subjects from a long-term residential treatment center, this study applied a two-group comparison method to examine the construct validity of the SASSI-A for screening substance abuse among adolescents in a residential treatment center. Residents were initially clinically assessed by a state certified counselor as either substance abuser/chemically dependent or non-substance abuser/chemically dependent. At this residential treatment center, the clinical assessment included a full review …

Teacher Perceptions Of Internet-Based Distance Education In Adventist Colleges And Universities : A Mixed-Methods Study, Susan B. Smith

Dissertations

Problem. An examination of Internet-based distance education (IBDE) is important in order to maintain the delivery of quality higher education and to encourage the systemic adoption of policies and practices that promote excellence in IBDE. The quality of online distance education will increasingly become the standard by which students choose a program as their educational options have multiplied with the dramatic growth in distance education.

Method. This was a sequential exploratory mixed-methods study o f the perceptions of teachers on IBDE. It was conducted collaboratively with Pamela Cress who examined administrator perceptions. Data were collected for both studies from teachers …

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

No abstract provided.

What Nicks’ Careless Laughter Both Reveals And Obscures - Reading Race In F. Scott Fitzgeralds’ The Great Gatsby, Caroline Brown

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.