Digital Commons Network^™

Litigation Expenses And The Alternative Minimum Tax, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

One of the chief features of the alternative minimum tax (the "AMT") is a broadened tax base, accomplished in part through the disallowance of deductions that are not central to measuring an individual's net income. Yet in achieving its objective of limiting deductions, the AMT casts a wide net. Thus, in certain instances, an individual can be robbed of the tax benefit of expenses that were critical to the production of the income being taxed. An extreme example of this problem is the treatment of certain litigation expenses under the AMT. If an individual incurs attorney fees and other associated …

If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade

Scholarly Works

This Note argues that the Kasky court was correct to recognize that today's commercial speech encompasses communications beyond traditional advertisements about products or services. Corporations are aware that a sizeable number of consumers rely on their statements about their business operations when making investment and purchasing decisions. In order to ensure the accuracy of these statements, and thereby protect the integrity of the market, this speech is properly considered commercial speech.

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White

Scholarly Works

The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …

Academic Law Library Directors’ Law School Courses, Ann Puckett

Scholarly Works

Summarizes informal survey of law library directors concerning topics on which they have taught courses.

Introduction: From Autocracy To Democracy: The Effort To Establish Market Democracies In Iraq And Afghanistan, David Shipley, Clete D. Johnson

Scholarly Works

These remarks were made at the Georgia Journal of international and Comparative Law's conference of April 16, 2004, "From Autocracy to Democracy: The Effort to Establish Market Democracies in Iraq and Afghanistan."

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency (“EPA”) to address compliance issues through the issuance of administrative compliance orders are unconstitutional2 and that the Clean Air Act does not waive the United States’ defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …

Lyman Ray Patterson: Scholar And Gentle Man, Paul M. Kurtz

Scholarly Works

The University of Georgia School of Law community and the legal academy lost a dear friend, an outstanding scholar, and a wonderful colleague and teacher when Ray Patterson died after a long career and a short illness in November 2003.

Connecticut Blueprint For A Nclb “Housse” In Educational Technology, Antoinette P. Bruciati

Education Faculty Publications

According to the United States Department of Education, teacher quality is one of the most critical aspects of the teaching and learning process. The No Child Left Behind Act of 2001 (NCLB) has required that state agencies assume the responsibility for increasing student achievement and ensuring teacher quality by the end of the 2005-2006 school year. The NCLB outlines minimum qualifications that are needed by teachers who work on any facet of classroom instruction and authorizes state administrators to establish the criteria through which an experienced teacher will meet the subject matter competencies in a specific content area. This paper …

Conferencing: An Exploration Into Connectivity, Content, And Community, Marc Glassman, Michael K. Barbour

Education Faculty Publications

The electronic conference, Bits and Bytes: An Online Symposium on the Evolution of Technology in Education, was a joint initiative of the Faculty of Education at Memorial University of Newfoundland and the Centre for Advanced Placement Education at Discovery Collegiate. The format of this electronic conference (e-conference) was similar to that of an on-site conference, with a call for submissions, a peer-reviewed processing of these proposals, and a presentation of the accepted proposals. However, the participants of this e-conference never met in a specific locale in a synchronous time frame, as is the case with traditional conferences. The authors and …

Summary Of Diaz V. Ferne, 120 Nev. Adv. Op. 12, Christopher W. Carson

Nevada Supreme Court Summaries

Appeal from a permanent injunction issued by the Fifth Judicial District Court of Nevada barring a family from installing a manufactured home on their lot in a subdivision in Pahrump, Nevada.

Summary Of State, Div. Child & Family Servs. V. Dist. Ct., 120 Nev. Adv. Rep. 50, Shane Jasmine Young

Nevada Supreme Court Summaries

The State sought a writ of mandamus or prohibition challenging the district court’s oral contempt order and sanctions.

Summary Of Stratosphere Gaming Corp. V. Las Vegas, 120 Nev. Adv. Rep. 59, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal challenging the Las Vegas City Council’s denial of Stratosphere’s site development plan application to develop a proposed ride. Stratosphere petitioned the district court for a writ of mandamus which was denied and filed a complaint for declaratory relief which was dismissed.

Distinguishing Hope And Optimism: Two Sides Of A Coin, Or Two Separate Coins?, Fred B. Bryant, Jamie A. Cvengros

Psychology: Faculty Publications and Other Works

Structural equation modeling was used to test hypotheses about (a) the dimensionality of measures of dispositional hope (the Adult Hope Scale, AHS) and dispositional optimism (the Life Orientation Test, LOT), (b) the extent and source of conceptual overlap and divergence between hope and optimism, and (c) patterns of discriminant validity for each trait. Separate two-factor models best fit the hope (Agency and Pathways, r = .68) and optimism (Optimism and Pessimism, r = -.63) data. Analyzing the combined AHS and LOT data, a measurement model with separate, correlated second-order factors of Hope and Optimism ( r = .80) provided a …

Internationally Protected Human Rights: Fact Or Fiction?, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Theory and Reality in the International Protection of Human Rights by J. Shand Watson. Ardsley, New York: Transnational Publishers, 1999. 340pp.

and

The Mobilization of Shame: A World View of Human Rights by Robert F. Drinan, S.J. New Haven: Yale University Press, 2001. 256pp.

Transparency And Participation In The World Trade Organization, Steve Charnovitz

GW Law Faculty Publications & Other Works

This paper discusses the challenge of improving transparency and participation in the World Trade Organization (WTO). Part I explores the development in international trade law of the norm for transparency and participation at the national level. The analysis begins with Immanuel Kant and traces the history of the issue in trade through the League of Nations and then to the postwar trading system culminating in the WTO. Part II describes the WTO's practices regarding openness and public participation, and then criticizes the current limitations. Part III proposes several new steps for the WTO to take to promote transparency and participation. …

A Model Financial Statement Insurance Act, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Building on companion work investigating the efficacy of financial statement insurance (FSI) as an alternative to traditional auditor liability (ssrn.com/abstract=554863), this Article presents the terms of a national enabling statute to implement this concept. The Model Financial Statement Insurance Act uses the architecture of the U.S. Trust Indenture Act of 1939. It authorizes issuer application for qualification, in connection with annual proxy statement filings, of policies of financial statement insurance. The Model FSI Act deems a series of provisions necessary to achieve securities law objectives to be part of all financial statement insurance policies so proposed, and requires insurers to …

A Unified Economic Theory Of Noninfringement Opinions, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

In the wake of the Federal Circuit’s ruling in Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., this Article seeks to develop an economic theory of the functions that enhanced damages may serve in patent law specifically or litigation more generally as well as to explain the role that noninfringement opinions – opinions of counsel that conclude that activity will be noninfringing – could have within the context of such a theory. I consider the benefits and costs of a patent regime that generally provides enhanced damages but provides a safe harbor for potential infringers who acted only after receiving …

Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer A. Overton

GW Law Faculty Publications & Other Works

The First Amendment doctrine governing campaign finance law allows judicial outcomes to turn on often unstated political assumptions about the appropriate role of money in campaigns. As illustrated by the conflicting opinions of different U.S. Supreme Court Justices in McConnell v. FEC, current narrow tailoring and substantial overbreadth tests provide inadequate guidance and compel judges to rely on their own political assumptions in balancing the need for regulation against the right of free speech. Judges skeptical of campaign reform err on the side of protecting speech, while judges supportive of reform lean toward tolerating regulations said to prevent corruption. To …

Making Federal Information Technology Accessible: A Case Study In Social Policy And Procurement, Christopher R. Yukins

GW Law Faculty Publications & Other Works

Section 508 of the Rehabilitation Act requires that all information technology bought by the federal government be accessible to persons with disabilities. That goal, simple to state, has been enormously complex to implement. In imposing a social initiative on the procurement system, Congress has left a huge number of issues unresolved - including, most critically, who is to pay for the initiative. This article reviews the issues raised by Section 508, and traces common patterns that emerge when, as with Section 508, social goals are implemented through a large, complex, and deeply entrenched procurement system. The article traces the impact …

Both Sidesof The Coin: A Decade Of Parallel Proceedings And Enforcement Of Foreign Judgments In Transnational Litigation, Louise Ellen Teitz

Roger Williams University Law Review

No abstract provided.

Self-Reported Versus Recorded Sleep Position: An Observational Study, Susan J. Gordon, Karen A. Grimmer, Patricia Trott

Internet Journal of Allied Health Sciences and Practice

Background: Patient reports of ‘usual’ and ‘recent’ sleep positions are used by allied health professionals to direct the management of waking and nocturnal musculoskeletal symptoms. However no published studies have determined if self reports of sleep position are valid, consistent or reliable. An observational study was conducted at the Centre for Sleep Research of the University of South Australia. Twelve subjects, four in each of the age groups 18 to 39 years, 40 to 59 years and 60 years and over, without any known sleep disorders or sleep-disturbing medical or emotional problems participated in the study. Subjects spent two non-consecutive …

Use Of Herbal Medications By Patients In A Conventional Health Care Setting: A Health Education Challenge, Jill Delaubenfels

Graduate Research Papers

The use of herbal medication is growing rapidly in the United States, but use of herbal medication is not without risk. This is a veritable mine field of health care risks. The federal regulation of herbal medicine as a dietary supplement raises safety and efficacy concerns. The American public lacks knowledge of herbal medicines, often believing that "natural" means "safe". Patients who combine the use of herbal medicine with conventional medicine pose challenges for health care providers. Is the health care provider aware of their patient's use of herbal medication? Is the health care provider adequately educated on the safe …

Multi-Objective Conjunctive Use Optimization, H. C. Fayad, Richard C. Peralta

Civil and Environmental Engineering Faculty Publications

This paper presents a simulation/optimization model based on artificial neural networks and genetic algorithms for solving multi-objective conjunctive water use problems. The model simulates and optimizes water flows in a hydraulically connected reservoir-stream-aquifer system. It is a powerful tool to help water managers and authorities in developing conjunctive water management strategies and evaluating tradeoffs between conflicting goals.

Optimization Modeling For Groundwater And Conjunctive Use Water Policy Development, Richard C. Peralta, R. Shulstad

Civil and Environmental Engineering Faculty Publications

Planners must sometimes decide how to restrict or reduce groundwater use to prevent unacceptable future problems. Often there are several alternatives (policies). Comparing policies can involve formulating a sustained groundwater yield optimization problem and computing an optimal groundwater pumping strategy for each. This is easy via the SOMOS simulation/optimization (S/O) model. Subsequent analysis can include: flow simulation to predict transient water level response to pumping; and economic evaluation to estimate costs and returns. Two examples predict the best consequences of potential physical and legal management policies for alluvial and valley basin fill aquifers hydraulically linked to surface waters. Results show …

Magnetic Resonance Imaging Of The Human Inferior Vena Cava During Lower Body Negative Pressure, Venu Madhav Pothini

University of Kentucky Master's Theses

Magnetic Resonance Imaging (MRI) was used to determine changes in the size of the Inferior Vena Cava (IVC) as a result of blood pooling induced by lower body negative pressure (LBNP). Images of the IVC of supine human subjects (10 males, 10 females) were obtained under four conditions: 1) steady-state 0 mmHg LBNP, 2) steady-state –35 mmHg LBNP, 3) ramping from 0 to –35 mmHg LBNP, 4) ramping from –35 to 0 mmHg LBNP. Volumes for a given IVC segment were obtained under the first two conditions during both end inspiration and end expiration breath-holds. Inferior Vena Cava widths were …

Exploring Children’S Rights In The World Of Work, Jean N. Scandlyn

Human Rights & Human Welfare

A review of:

Children of Other Worlds: Exploitation in the Global Market by Jeremy Seabrook. London: Pluto, 2001. 166pp.

Reflections [Complete Issue : First Quarter 2004], Sigma Theta Tau International, Jacklynn Price, Julie Benbenishty, Nava Klein, Michele J. Upvall, Angela Barron Mcbride, Jim Henry, Linda Henry, Sandra L. Stuban, Shawna Beese-Bjurstrom, Diane Sieg, Eric Klein, Mary Koloroutis, Jayne Felgen

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:

Transcultural Nursing: Pathway to Peace?

Worlds Apart

Daniel J. …

Environmental Ethics From The Perspective Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

Scholarly Articles

Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with …

May A Foreign Plaintiff Sue A Foreign Defendant For Conduct Outside The U.S. That Caused Antitrust Injury Outside The U.S.?, Antonio F. Perez

Scholarly Articles

May the respondents, five foreign companies that purchased goods outside the United States from other foreign companies, pursue Sherman Act claims seeking recovery for overcharges paid in transactions occurring entirely outside U.S. commerce under the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), 15 U.S.C. § 6a? Do such foreign plaintiffs lack standing under Section 4 of the Clayton Act, 15 U.S.C. § 15(a)?

Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics, Leigh Goodmark, Catherine F. Klein

Scholarly Articles

In this article, we will present and examine the role play that we have used with our students. We will provide the actual text of the role play, with an explanatory narrative about how we integrated the role play into our classroom component. We will outline the reading assignments and pre-class preparation that we require. Finally, we will suggest ways that this role play can be adapted for clinical programs in other jurisdictions or in countries with other legal systems.