Digital Commons Network^™

Regulatory Taxings, Eduardo M. Peñalver

Cornell Law Faculty Publications

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …

Analyzing Traditional-Based Teaching Methods Versus Technology-Based Teaching Methods In Collegiate Aviation Classrooms, Robert Rhett Coleman Yates

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This study is a comparative analysis of traditional-based teaching methods versus technology-based teaching methods in collegiate aviation classrooms. Education is in a transformational period. Technology use in the classroom is a major part of this transformation. However, this change in pedagogy is not occurring as rapid as one might believe. Out of ten undergraduate professors in the United States teaching in higher education, fewer than two seriously use computers and other technologies in their classrooms. Of the ten, four to five professors never use the machines at all. The same is true in collegiate aviation classrooms; technology-based teaching methods and …

Appellate Practice And Procedure, Roland F. L. Hall

Mercer Law Review

This Article surveys noteworthy decisions addressing appellate practice and procedure handed down by the Georgia appellate courts. The reviewed decisions fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; (3) notice of appeal; (4) timeliness of appeal; and (5) miscellaneous cases of interest. Although there were no dramatic developments during the survey period, the courts addressed several topics of interest to the practitioner, particularly in the areas of preserving issues for appeal and correctly drafting the notice of appeal.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations appellate cases decided during this survey period, twenty-three are discussed below. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the permission of the appropriate appellate court to file an appeal. As part of a pilot project, the Georgia Supreme Court began accepting all "non-frivolous" applications filed in domestic relations cases during the 2003 calendar year. The supreme court extended the pilot project for the 2004 calendar year; however, the supreme …

Evidence, Marc T. Treadwell

Mercer Law Review

One of the more interesting things about writing evidence surveys for the Mercer Law Review for almost twenty years has been watching evidentiary rules rise and, sometimes, fall. No rise has been more dramatic than Georgia's necessity exception to the hearsay rule. Its fall, or partial fall, should be equally dramatic as a result of the United States Supreme Court's decision in Crawford v. Washington, which knocked the constitutional underpinnings from underneath the necessity exception. As discussed in many prior surveys, sometimes with tentative and respectful criticism, the necessity exception, despite a few minor setbacks, has become a vehicle …

Real Property, Linda S. Finley

Mercer Law Review

The Author believes it appropriate to dedicate this Article to a man who has served as a mentor and expert for hundreds (perhaps thousands) of real estate lawyers in the State of Georgia. Affectionately known as "The Death Ray" by his students, who at one time or another admired or feared him, Professor James C. Rehberg had the knack for making a somewhat dry topic come alive (perhaps the exception being the Rule Against Perpetuities). Professor Rehberg was honored in early 2004 by students, faculty, and alumni at his official retirement. While the Author can do little to make this …

Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook

Mercer Law Review

During this survey period, the Georgia Supreme Court and Georgia Court of Appeals issued several noteworthy opinions on topics of interest to practitioners. This Article will address these judicial opinions that cover, among other topics, the issues of damages, immunity, the attorney-client relationship, indemnification, jurisdiction and venue, statutes of limitation, standing, and trial procedure. This Article will also address several developments in Georgia's statutory law impacting trial practice and procedure.

The Role Of Normative Political Ideology In Consumer Behavior, David Crockett, Melanie Wallendorf

Faculty Publications

This study of African-American consumers living in a large racially segregated midwestern city adds to extant theory on ideology in consumer behavior by considering the role of normative political ideology in provisioning. The specific roles of traditional black liberal and black nationalist political ideologies are discussed. We conclude that normative political ideology is central to understanding shopping as an expression of social and political relations between households confronting attenuated access to goods and services, ranging from housing to food, in a setting stratified by gender, race, and class. Beyond the specifics of this demographic group and setting, we suggest contemporary …

Government Privilege: A Cautionary Tale For Codifiers, Kenneth W. Graham Jr.

Loyola of Los Angeles Law Review

No abstract provided.

A Proposal For A Wholesale Reform Of California's Sentencing Practice And Policy, Michael Vitiello, Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.

Misappropriators, Tippees, And The Intent-To-Benefit Rule: What We Can Still Learn From Cady, Roberts, Craig W. Davis

Seton Hall Law Review

No abstract provided.

P2p: The Path To Prosperity, Philip S. Corwin, Lawrence M. Hadley

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Full Issue, No Author

Verbum

This is the full issue of Volume 2, Issue 1 of Verbum, published in Fall 2004 by the REST Club at St. John Fisher College. Articles from this issue are available as separate PDFs at http://fisherpub.sjfc.edu/verbum/vol2/iss1/

Selfhood And The Search For An Identity: Explaining The Emergence Of The Nineteenth-Century Holiness Movement And Early Church Of The Nazarene, Paul R. George Jr.

Dissertations

This dissertation seeks to explain the emergence of the nineteenth-century Holiness Movement and subsequent organization of a national holiness church asthe result of a reconstruction of the cultural-linguistic system of John Wesley. In the process of contact and exchange with American religious pluralism, Wesley's doctrine of Christian perfection and his system of societies were reconstructed by charismatic leaders who selected discursive and nondiscursive elements which they found efficacious. Theological and social changes in the Methodist Episcopal Church compelled holiness advocates to emphasize theinstantaneous aspect of Wesley's doctrine of Christian perfection (entire sanctification) and construct a ritual form which had the …

Representation Of The Elderly In Counselor Education Textbooks, Alicia V. Fahr

Dissertations

The counseling profession requires multicultural competence in meeting the needs of diverse groups. The responsibility for training counseling students to work effectively with the elderly falls upon counselor educators. Textbooks convey cultural values and contribute to what is learned by students. Specifically,textbooks may contribute to how counseling students think about older adults and aging issues. This study was designed to determine how older adults and aging issues are represented in counselor education texts.

The textbooks used most frequently by 11 randomly selected master's degree programs accredited by the Council for Accreditation of Counseling and Related Educational Programs (2001) were identified …

Management Style, Organizational Climate, And Organizational Performance In A Public Mental Health Agency: An Integral Model, Pamela Sue Meserve Erbisch

Dissertations

No abstract provided.

Assessing The Differential Outcomes Procedure With Children Diagnosed With Autism, Ivy M. Chong

Dissertations

The differential outcomes effect (DOE) refers to the phenomenon whereby discrimination learning is enhanced when a correct response to a specific sample stimulus is followed by its own unique reward (Savage, 2001). According to some researchers, the DOE is a consistent and powerful effect that enhances the acquisition and retention of conditional discriminations (e.g., Urcuioli, 1990). This series of experiments sought to extend research on the DOE. In Experiment 1, we examined the differential outcomes procedure (DOP) with four children diagnosed with autism across various task types commonly used in early intervention. In Experiment 2, we examined the DOP with …

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, …

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 …

Indentation Of A Square Elastomeric Thin Film By A Flat-Ended Cylindrical Punch In The Presence Of Long-Range Intersurface Forces, Bing Feng Ju, Kai-Tak Wan, Kuo Kang Liu

Mechanical and Aerospace Engineering Faculty Research & Creative Works

This paper reports an experimental study of the elastic deformation of a 200 μm thick microfabricated square membrane with sides ranging from 8.5 mm to 15 mm as indented by a fine cylindrical, flat-ended punch with diameter 500 μm in the presence of long-range intersurface forces. an apparatus was constructed to allow simultaneously measurements of the indenter displacement and the applied force. a number of interesting phenomena such as the "jump-into-contact" and the "pull-off" between the membrane and the moving cylinder were observed. a simple theoretical analysis using linear elasticity was adopted to fit the load-displacement curve (compliance) and thus …

Sharing Sovereignty: Non-State Associations And The Limits Of State Power, Franklin G. Snyder

Faculty Scholarship

The subject of mediating associations and voluntary associations have received much attention in recent years. Both conservative and liberal scholars have invoked the idea that certain institutions that fall somewhere on the spectrum between the State and the Individual play a significant role in society and that they therefore ought to be protected and even cultivated. But much of this work proceeds from a flawed premise, and leads to an instrumental view of these non-State associations that requires that these institutions be justified based on their social utility. This view means that the utility of any given institution usually seems …

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …

Entering The U.S. Securities Markets: Regulation Of Non-U.S. Issuers, Barbara Black

Elisabeth Haub School of Law Faculty Publications

The U.S. securities markets offer the greatest opportunities for businesses that wish to raise additional capital or expand their shareholder base. Large non-U.S.corporations regularly tap the U.S. market for infusions of capital, and the securities of many non-U.S. corporations are listed on the New York Stock Exchange or traded on NASDAQ. Smaller non-U.S. entities, however, may be deterred from entering the U.S. markets because of concerns about the burdens of U.S. securities regulation. These concerns are legitimate: a decision to enter the highly-regulated U.S. securities markets should not be made lightly. For non-U.S. private issuers, perhaps the greatest difficulty in …

The Development Of Mexican Nonproliferation Export Controls Cits Special Report, Jonathan Benjamin-Alvarado

Latino/Latin American Studies Reports

This report by OLLAS assistant director Jonathan Benjamin-Alvarado is part of a developing research and outreach project with the Center for International Trade and Security at the University of Georgia. It involved working with Mexican government officials to design and implement national responses to international agreements and obligations to ensure command and control of critical nuclear, biological, and chemical materials in Mexico. Dr. Benjamin-Alvarado conducted a comprehensive survey, which he administered in Argentina and Cuba previously, later in 2005 to assess Mexican export controls.

Steps To A Political Ecology Of Amazonia, Steven L. Rubenstein

Tipití: Journal of the Society for the Anthropology of Lowland South America

Many recent studies of Amazonia have documented the ways in which agents of the state or capital seek to colonize not only indigenous land and labor, but indigenous desires as well.  This colonization of the third kind has disastrous consequences: recently, William Fisher asked, “Why ... did it seem that Xikrin would sell their grandchildren’s environmental birthright just at the moment when reservations were finally being demarcated and boundaries guaranteed for generations to come?”  Here I argue that this sort of question must become one of the central concerns of Amazonian ethnology.   Drawing on work by Fisher and others, I …

Efficiency Of Taiwanese Laptop Manufacturers, Yi-Horng Lai

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Taiwanese laptop manufacturers strive hard to maintain their high growth rates and positions as leaders in the industry. Michael E. Porter claimed that Taiwanese enterprises must increase industrial efficiency to secure competitive advantage. Hence, developing an effective means of measuring and comparing the efficiency of Taiwanese laptop manufacturers is essential. Increasing the production efficiency of inefficient companies will improve the average efficiency and global competitiveness of the Taiwanese laptop industry.

This investigation examines the efficiency of 12 Taiwanese laptop manufacturers in 2002. Although financial ratio analysis represents a conventional approach to measuring the performance of enterprises using financial reports, this …

U.S. Policy Toward Iraq Within The Context Of Complexity Theories, Alexander Rayssan Dawoody

Dissertations

This research investigates the trajectory of the U.S. policy toward Iraq and the factors that went in the making of its phase shifts. The research is qualitative in nature, uses official governmental documents, articles, books, focus groups and one-on-one interviews in order to answer three questions: How does a linear observation interpret the U.S. policy toward Iraq? How do the new sciences of complexity interpret the U.S. policy toward Iraq? How does a linear observation of the U.S. policy toward Iraq contrast and compare with that of a complex analysis? The language of the research is metaphorical. Its analytical model, …

Effectiveness Of Teaching Modalities For Pre-College Level Mathematics Courses, Dorothy Latuszek

Dissertations

College educators are challenged with providing students with choices of teaching modalities that facilitate student achievement and success at a time when students are also seeking flexible scheduling and accommodation of their differing learning styles. This is certainly the case for college students who need to demonstrate proficiency for the content in pre-college level mathematics courses prior to enrolling in college-level mathematics courses. The term "pre-college level" is defined as courses in reading, writing, and mathematics for college students lacking those skills necessary to perform college-levelcoursework at two- or four-year college institutions (Parsad & Lewis, 2003).

Do certain teaching modalities …

Remembering The Mendiola March: Understanding The Role Of Experience And Accounts In The Construction Of History, Megan C. Mullins

Dissertations

This research project investigates the relationship between personal experiences of events and public descriptions of events. Specifically, the researcher develops a case study around a 1987 march and demonstration for land reform in the Philippines. Specifically, this research includes a discourse analysis of published, public accounts as they appeared in a national newspaper and the personal interviewee accounts of the event as remembered by U.S. participants and witnesses. Interviewees were involved in social and political work on hunger and other social justice issues as coordinated with ecumenical groups. The theoretical contributions of symbolic interaction, cultural theory and discursive practices of …