Digital Commons Network^™

Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown

Chicago-Kent Law Review

The final political status of Kosovo is ultimately a human rights issue, and a just and viable solution must balance the sovereignty and territorial integrity of Serbia with the human rights of Kosovar Albanians. A century ago Woodrow Wilson publicly endorsed self-determination as a fundamental principle linked to the equal rights of all peoples. Today it is broadly accepted as one of the essential principles of contemporary international law. Despite this exalted normative status, the principle of self-determination is limited by its inherent ambiguities.

Self-determination is a group right, to be exercised only by peoples, but there is no clear …

Victor's Not So Little Secret: Trademark Dilution Is Difficult But Not Impossible To Prove Following Moseley V. V. Secret Catalogue, Inc., Jessica C. Kaiser

Chicago-Kent Law Review

The Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. has been criticized by those who favor strong federal dilution protection and applauded by those who dislike dilution protection. Critics of dilution favor weak antidilution provisions because dilution begins to protect trademarks as pure property rights. In Moseley, the Supreme Court resolved a circuit split over the appropriate interpretation of the Federal Trademark Dilution Act ("FTDA"), and the Court determined that the FTDA requires that famous mark holders show "actual dilution." This Note examines the impacts of this decision and advises ways that famous mark holders can obtain …

Invisible Points Of Departure: Reading Rothko’S Christological Imagery, Andrea Pappas

Art and Art History

Jewish identity increasingly figures in new histories of modernism in general, analyses of American art, and, recently, abstract expressionism.1 Although abstract paintings have signified “Jewishness” only since the late sixties, this essay looks at the antecedents of such re-identification in one canonical figure, Mark Rothko, examining three paintings from a narrow range of time in the early days of World War II. His Antigone of 1940 (Figure 1) remains one of his most familiar paintings from the formative period spanning 1940 to mid-1943. It is one of a small handful of works canonized from his early production: paintings that traditionally …

A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig

Law and Contemporary Problems

Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.

2004 Vol. 53 No. 3, Cleveland-Marshall College Of Law

2000s

No abstract provided.

George Mason: Slave Owning Virginia Planter As Slavery Opponent?, Louis Bellamy

Masters Theses & Specialist Projects

The present work investigates the often cited, but poorly supported, notion that Founding Father George Mason was a wealthy, slave-owning Virginian who vehemently opposed slavery. Utilizing Mason's state papers, letters, and other documents, as well as contemporaries' accounts of his speeches, this work will analyze those records' contextual construction, and it will deconstruct both Mason's written and spoken words and his actions and inactions relative to slavery. The goal of this effort is to determine whether Mason, who ostensibly played such an instrumental role in the development of the "rights" of Americans, and who remained a slaveholder—thereby trampling the rights …

Faculty Senate Monthly Packet December 2004, Portland State University Faculty Senate

Faculty Senate Monthly Packets

The December 2004 Monthly packet includes the December agenda and appendices and the Faculty Senate minutes and attachments from the meeting held November 2004.

The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book

Working Paper Series

This article defends one of the more controversial parts of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98) the collection due process (CDP) provisions. CDP gives taxpayers the right to independent administrative and judicial review of IRS decisions to use its awesome administrative collection powers, powers that have long made the IRS a feared creditor.

Prior to CDP’s enactment, the IRS had the power to collect taxes from taxpayers without judicial review of administrative collection determinations. This power, atypical for creditors which often must get judicial approval for summary collection action, led many observers to …

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.

Measuring Student Well-Being In The Context Of Australian Schooling : Discussion Paper, Julian Fraillon

Wellbeing

This report was commissioned by the South Australian Department of Education and Children's Services as an agent of the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA). The report constitutes Phase 1 of a planned two phase process. Specifically this report defines a measurement construct for student well-being; outlines a methodology for measuring student well-being; and provides recommendations for ongoing work in the measuring, reporting and monitoring of student well-being (Phase 2).

Evaluating Flexibility In Small Firm Financing, Andrey Pavlov, Panikkos Poutziouris, Khaled Soufani

The Journal of Entrepreneurial Finance

The choice of financing source is particularly difficult for a small firm due to the high uncertainty about future liquidity requirements. We show that the techniques of continuous time arbitrage and stochastic control theory may be used not only to value such firms but also to determine the optimal financing policies. In particular, we investigate the choice between liquid, but more expensive, forms of financing and restrictive, but cheaper, sources of capital. In addition to developing an optimal financing policy for a typical firm, we estimate the value of flexibility in a financing arrangement. This, in turn, provides a rational …

Richmond Music Journal (2004-12/2005-01)

Richmond Music Journal

No abstract provided.

Pride In Our Progress: An Examination Of The John F. Kennedy Administration's Record Concerning Civil Rights And Environmentalism, Benjamin Mudrick

Sigma: Journal of Political and International Studies

No abstract provided.

Legal Indeterminancy, Politics, And The Supreme Court: Ciritical Legal Studies And Lawrence V. Texas, Taylor M. Dix

Sigma: Journal of Political and International Studies

No abstract provided.

Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore

Faculty Scholarship

Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …

Microfinance: A Comprehensive Review Of The Existing Literature, James C. Brau, Gary M. Woller

The Journal of Entrepreneurial Finance

Although the word finance is in the term microfinance, and the core elements of microfinance are those of the finance discipline, microfinance has yet to break into the mainstream or entrepreneurial finance literature. The purpose of this article is to introduce the finance academic community to the discipline of microfinance and microfinance institutions (MFIs). We provide a comprehensive review of over 350 articles and address the issues of MFI sustainability, products and services, management practices, clientele targeting, regulation and policy, and impact assessment.

Sources Of Capital And Debt Structure In Small Firms, Chenchuramaiah T. Bathala, Oswald D. Bowlin, William P. Dukes

The Journal of Entrepreneurial Finance

In this paper we examine the relationship between ownership differences and small firms’ financial policies using a survey of U.S. companies. The study finds that financial policies differ according to the type of ownership (private versus public) and by the ownership differences (family-owned, closely-held, or widely-held) within the private firms. The differences are in the ownership concentration, relative importance of various sources of capital, debt characteristics (sources of debt financing, debt maturity, and debt cost). A multiple regression equation estimated in the paper provides evidence relating to cross-sectional variations in debt ratios of small firms. The paper offers information asymmetry, …

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Discovery Of The Near-Ir Afterglow And Of The Host Of Grb 030528, A. Rau, J. Greiner, S. Klose, M. Salvato, J. M. Castro Cerón, Dieter H. Hartmann, A. Fruchter, A. Levan, N. R. Tanvir, J. Gorosabel

Publications

The rapid dissemination of an arcmin-sized HETE-2 localization of the long-duration X-ray flash GRB 030528 led to a ground-based multi-observatory follow-up campaign. We report the discovery of the near-IR afterglow, and also describe the detection of the underlying host galaxy in the optical and near-IR bands. The afterglow is classified as “optically dark” as it was not detected in the optical band. The K-band photometry presented here suggests that the lack of optical detection was simply the result of observational limitations (lack of rapid and deep observations plus high foreground extinction). Simple power law fits to the afterglow in the …

West Nile Virus Blood Transfusion-Related Infection Despite Nucleic Acid Testing, Alexandre Macedo De Oliveira, Brady Beecham, Susan P. Montgomery, Robert S. Lanciotti, Jeffrey M. Linnen, Cristina Giachetti, Larry A. Pietrelli, Susan L. Stramer, Thomas J. Safranek

Zoonotics and Wildlife Disease: Publications

BACKGROUND: A case of West Nile virus (WNV) encephalitis associated with transfusion of blood that did not react when tested for WNV by minipool (MP) nucleic acid testing (NAT) is described. A Nebraska man developed clinical encephalitis 13 days after surgery and transfusion of 26 blood components. Antibody testing confirmed WNV infection. An investigation was initiated to determine the source of this infection.

STUDY DESIGN AND METHODS: The patient’s family members were interviewed to identify risk factors for WNV infection. Residual samples were retested for WNV RNA using transcription-mediated amplification (TMA) assay and two polymerase chain reaction (PCR) assays. Blood …

Calling The Internet Bluff: The Interplay Between Advertising And Internet Gambling, Lauren Hannon

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Www.Whatsina.Name, Anthony M. Verna Iii

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Glass Ceiling Employment And Racial Discrimination In Hiring For The Head Coaching Position In The National Football League, Erin Scanga

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Separate And Concomitant Use Of Lamotrigine, Lithium, And Divalproex In Bipolar Disorders., Daniel Z Lieberman, Frederick K Goodwin

Psychiatry and Behavioral Sciences Faculty Publications

Expert consensus emphasizes the need for better recognition and accurate diagnosis of bipolar disorder. Current research on lithium, divalproex, and lamotrigine provides new insight into the effective management of this illness. Advances in identifying the mechanism of action of mood stabilization has focused on signaling pathways within the cell that are associated with neurotrophic effects. Clinical research has led to confirmatory evidence of the efficacy of lithium in all phases of bipolar disorder, with the greatest effects seen in the treatment and prevention of mania. Compared to divalproex, lithium also has been found to have greater efficacy in the prevention …

The Regional Capacity And Possible Expansion Of Holloman Afb, New Mexico: 2004, David A. Schauer, Dennis L. Soden, Brent Mccune, David Coronado

IPED Technical Reports

No abstract provided.

West Nile Virus Blood Transfusion-Related Infection Despite Nucleic Acid Testing, Alexandre Macedo De Oliveira, Brady D. Beecham, Susan P. Montgomery, Robert S. Lanciotti, Jeffrey M. Linnen, Cristina Giachetti, Larry A. Pietrelli, Susan L. Stramer, Thomas J. Safranek

United States Public Health Resources

BACKGROUND: A case of West Nile virus (WNV) encephalitis associated with transfusion of blood that did not react when tested for WNV by minipool (MP) nucleic acid testing (NAT) is described. A Nebraska man developed clinical encephalitis 13 days after surgery and transfusion of 26 blood components. Antibody testing confirmed WNV infection. An investigation was initiated to determine the source of this infection.
STUDY DESIGN AND METHODS: The patient’s family members were interviewed to identify risk factors for WNV infection. Residual samples were retested for WNV RNA using transcription-mediated amplification (TMA) assay and two polymerase chain reaction (PCR) assays. Blood …

Leading Progressive Women To Victory In Minnesota, 2002-2004: A Journey Back From Electoral Losses For Lawmakers, Glenda Crank Holste

Theses and Graduate Projects

Minnesota's 2002 elections were a disaster for progressive women, those who support abortion rights and believe that government has a key role in making social improvements. In 2002 no progressive woman was elected to statewide office, and three key senators and four progressive representatives lost their re-election bids.

This research asks: Where and why has leadership emerged that helps progressive women regain ground in the Minnesota House of Representatives and adds Minnesota women to Congress?

In 2004, the DFL propelled five new women to the House, four over Republican women, and congressional races featured a record number of major party …

A Matter Of Perspective, Penny J. White

First Amendment Law Review

No abstract provided.