Digital Commons Network^™

The Thin State In Thick Globalism: Sovereignty In The Information Age, Adeno Addis

Vanderbilt Journal of Transnational Law

Looking at the astonishing technological developments in mass communication over the past several decades, Professor Addis explores whether and how the resulting communication revolution has undermined the notion of territorial sovereignty. Specifically, he argues that (1) although the territorial state has faced serious challenges from the communication revolution, the question is not whether state sovereignty will survive, but how thick or thin that sovereignty will (or should) be; (2) even if it were true that the territorial state is giving way to other institutional arrangements, those arrangements may not be a decentralized system of governance in that the communication revolution …

Enforcing International Labor Standards: The Potential Of The Alien Tort Claims Act, Marisa A. Pagnattaro

Vanderbilt Journal of Transnational Law

Professor Pagnattaro argues that courts should allow claims under the Alien Tort Claims Act (ATCA) to enforce international labor rights for alien workers. She begins by reviewing the history of the ATCA and the developing jurisprudence in the international labor context, including recent and pending cases involving employee ATCA claims against U.S. multinational corporations. After outlining what is necessary to assert an ATCA claim, including what is required to satisfy jurisdictional requirements, to state a claim under the law of nations, and to hold employers liable for violations of the law of nations, she details international foundations which can be …

Imperfect Justice: Looted Assets, Slave Labor, And The Unfinished Business Of World War Ii, Stuart E. Eizenstat

Vanderbilt Journal of Transnational Law

I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe--in Switzerland-to keep them out of Hitler's clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of …

Order In The Court: Judicial Stability And Democratic Success In Haiti, Ben J. Scott

Vanderbilt Journal of Transnational Law

Haiti faces many challenges in its attempt to build a stable, liberal democracy. Haitians have endured a legacy of chaotic and heavy-handed rule in recent decades, and the success of democracy in Haiti is both hoped for and doubted by Haitians and the international community. One reason for the doubts has been the failure of the Haitian government successfully to implement free and fair elections. Citizens and candidates are often hesitant even to participate in elections. Though both were tragic, neither the failed legislative and presidential elections of 2000, nor the subsequent coup d'etat in 2004 that resulted in the …

A Cruel Trilemma: The Flawed Political Economy Of Remedies To Wto Subsidies Disputes, Michael Showalter

Vanderbilt Journal of Transnational Law

This Note examines the effectiveness of the World Trade Organization at remedying disputes involving trade subsidies. The WTO as created in the Uruguay Round was the first multilateral trade institution that included prohibitions against trade subsidies of a more-than-aspirational nature that were agreed to by most states in the world community. The WTO was thus envisioned as ushering in an era where subsidies had significantly less detrimental effects on the international economic community.

This Note seeks to evaluate the effectiveness of the WTO's subsidy provisions through analyses of decisions in early WTO jurisprudence. These decisions will be evaluated, in part, …

Labor Standards On Cypriot Ships: Myth And Reality, Iliana Christodoulou-Varotsi, Dmitri A. Pentsov

Vanderbilt Journal of Transnational Law

This Article offers a comprehensive comparative analysis of labor and social security standards on Cypriot and Greek ships. Potential cost savings for shipowners who register their ships in one country rather than the other may result from the absence of a given standard in the country of registration, or a lower or more flexible standard in that country than in the other. The authors conclude that the registration of ships in Cyprus does not provide overall advantages (in terms of "inferior" labor standards) over registration in Greece. Broadly speaking, shipowners may gain certain advantages by registering their ships in Cyprus …

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Vanderbilt Journal of Transnational Law

Although the World Trade Organization (WTO) is one of the most significant international institutions, its function, domain, and legitimacy are still heavily contested. The Author examines the history of the founding of the General Agreement on Tariffs and Trade (GATT), the WTO's predecessor, to see what history reveals about the role that GATT was originally expected to fulfill. The Author's interpretive examination shows that GATT's founders recognized that trade policy must be internationalized in order to give one country an opportunity to participate in the policy-making of other countries; otherwise, a county can impose costs on other countries without representation …

Lay Participation In The Japanese Justice System, Kent Anderson, Mark Nolan

Vanderbilt Journal of Transnational Law

The Authors introduce and critique Japan's proposed quasi-jury or lay assessor system (saiban-in seido). The proposed mixed-court will have judges and lay people deciding together both guilt and sentences in serious criminal cases. Its proponents have promised that the lay assessor system will produce better justice in the courts and a more democratic society for Japan. The Authors first expose the competing interests in the lay assessor drafting process, examining their subtly but importantly varied proposals. Second, the Authors historically review lay participation in Japan, arguing that it has failed to deliver better justice and more democracy because the existing …

Modernizing Muslim Family Law: The Case Of Egypt, Lama Abu-Odeh

Vanderbilt Journal of Transnational Law

he Author discusses the dynamics of family law reforms in modern Egypt as an instance of similar dynamics of reforms in other Muslim countries. The forces that push for reforms as well as those that try to limit them are also introduced.

The Author begins by describing the historical legal background shared by the vast majority of Muslim countries, including Egypt. An account of the general evolution of Islamic law-from a dominant system existing within an Islamic state to a subordinate system existing within an overall secularized legal system characterized by legal borrowing from European codes-is given. Islamic law has …

Taking Back The Trash: Comparing European Extended Producer Responsibility And Take-Back Liability To U.S. Environmental Policy And Attitudes, Megan Short

Vanderbilt Journal of Transnational Law

This Note explores the mandates adopted by the European Union and individual European states and examines the feasibility of their implementation in the United States. Part II outlines the current extended producer responsibility schemes in Europe and the current waste disposal system in the United States. Part III examines the societal and cultural differences that account for varying environmental attitudes in Europe and the United States, with a focus on Germany. Part IV discusses the feasibility of developing national take-back requirements in the United States by examining legislative obstacles and other barriers. Part V offers a conclusion and recommendation for …

Jurisdictional Theory "Made In Japan": Convergence Of U.S. And Continental European Approaches, Akihiro Hironaka

Vanderbilt Journal of Transnational Law

Recent Japanese cases concerning international jurisdiction illustrate a convergence of two distinct legal approaches to the treatment of jurisdictional issue--a rule-based, inflexible approach in Continental European countries and a standard-based, flexible approach in the United States. Japan's unique framework, as explained in this Article, might provide a useful perspective to solve the difficult question currently imposed on the Hague Conference: How is it possible to achieve comprehensive harmonization of the jurisdictional systems of the world?

Not As Easy As Black And White: The Implications Of The University Of Rio De Janeiro's Quota-Based Admissions Policy On Affirmative Action Law In Brazil, Ricardo Rochetti

Vanderbilt Journal of Transnational Law

This Note specifically addresses the propriety of affirmative action pertaining to admissions to institutions of higher education. The focus will be on Uerj's quota system because, of all of Brazil's neophyte quota systems, it has received the most publicity and attracted the most scrutiny.

Part II of this Note will analyze Uerj's program and highlight the reasons for its ineffectiveness and the arguments that both proponents and opponents of the program have advanced. Part III will introduce the issues that the Supreme Federal Tribunal, Brazil's highest court, will encounter in deciding the challenge that the National Confederation of Teaching Establishments …

Musical Writing, Barry J. Mauer

Faculty Scholarship and Creative Works

This essay explores three approaches to “musical writing” from a course called “Writing About Popular Music.” I designed the course with the help of Dr. Robert Ray while finishing my Ph.D. at the University of Florida and continued to develop it with the help of Li Wei of the music program at the University of Central Florida.

Though this course offers standard approaches to music history, theory, and analysis, it also aims to produce new forms of writing about music that are themselves musical. To this end, the course explores how information is stored, organized, and processed in music, and …

Strafford County 2003 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2003., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

Bhadhuri Dynamics, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (n.d.). Handwritten notes on a folder titled Bhadhuri dynamics, mentioning Wray on Marx, Arestis, Godley, and Harvie. Unpublished manuscript.
• Shaikh, A. (2003, October 16). Letter to Amit Bhaduri mentioning two of his papers, Explaining the global eco crisis and Labor market dynamics within rival macro. frameworks. Unpublished manuscript.
• Shaikh, A. (2004, May 17). Letter to Amit Bhaduri titled Bhaduri on profit- and wage-led expansion, providing a detailed analysis of his paper. Unpublished manuscript.
• Shaikh, A. (2004, May 17). Handwritten notes titled Bhaduri's case (restated & slightly modified), summarizing his analysis of Bhaduri's …

Social Interaction And The Health Insurance Choices Of The Elderly, Eldar Beiseitov, Jeffrey D. Kubik, John R. Moran

Center for Policy Research

Using data from the 1998 wave of the Health and Retirement Study, we examine the effect of social interactions on the health insurance choices of the elderly. We find that having more social interactions, as measured by contacts with friends and neighbors, reduces the likelihood of enrolling in a Medicare managed care plan relative to purchasing a medigap policy or having coverage through Medicare alone. Our estimates indicate that social networks are an important determinant of the health insurance choices of the elderly and provide suggestive evidence that "word-of-mouth" information sharing may have played a role in the preference of …

Paths Diverging? The Next Decade In The U.S.-Japan Security Alliance, William E. Rapp Ltc

Books, Monographs & Collaborative Studies

The author explores the changing nature of Japanese security policy and the impact of those changes on the U.S.-Japan security alliance. He begins his analysis by acquainting the reader with an insider's view of the conflicted Japanese conceptions of security policy and the various ideational and structural restraints on expanding the role of the military. Next, he explores the events of the past decade that have caused huge shifts in security policy and posture and predicts the future vectors of those changes within Japan. Finally, the author overlays the likely Japanese security future on the alliance and concludes that changes …

Checking Iran's Nuclear Ambitions, Patrick Clawson Mr., Henry D. Sokolski Mr.

Books, Monographs & Collaborative Studies

Were Iran to acquire nuclear weapons, there is a grave risk it would be tempted to provide them to terrorists. After all, mass casualty terrorism done by proxies has worked well for Iran to date. The fear about what Iran might do with nuclear weapons is fed by the concern that Tehran has no clear reason to be pursuing nuclear weapons. The strategic rationale for Iran's nuclear program is by no means obvious. Unlike proliferators such as Israel or Pakistan, Iran faces no historic enemy who would welcome an opportunity to wipe the state off the face of the earth. …

Checking Iran's Nuclear Ambitions, Patrick Clawson Mr., Henry D. Sokolski Mr.

Books, Monographs & Collaborative Studies

Were Iran to acquire nuclear weapons, there is a grave risk it would be tempted to provide them to terrorists. After all, mass casualty terrorism done by proxies has worked well for Iran to date. The fear about what Iran might do with nuclear weapons is fed by the concern that Tehran has no clear reason to be pursuing nuclear weapons. The strategic rationale for Iran's nuclear program is by no means obvious. Unlike proliferators such as Israel or Pakistan, Iran faces no historic enemy who would welcome an opportunity to wipe the state off the face of the earth. …

The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie

The Honorable Helen Wilson Nies Memorial Lecture

Prof. Dinwoodie discusses the Rehnquist Supreme Court and its current approach to addressing trademark jurisprudence. He concludes that although the Court has not employed a consistent methodological approach to resolving trademark problems, the opinions do suggest that there are certain values that dictate the outcomes in trademark cases before the Rehnquist Court.

Demos, Nomos And Globalization, Paolo G. Carozza

Book Chapters

It is a great privilege to comment on a paper that, like so much of Professor Weiler’s work, is brilliant not only in its intellectual scope but also in the underlying humanity of its vision. His basic thesis is indisputable. International law is indeed an exercise in governance that increasingly generates problems of legitimacy, especially because it governs without the ontological premises of democracy – it has no government and no demos. In the face of this problem, Weiler urges us to seek ‘alternative legitimating devices’. I would like to offer a modest comment on this thesis by making three …

The Public Choice Of Elder Abuse Law, Margaret F. Brinig, Gerald Jogerst, Jeanette Daly, Gretchen Schmuch, Jeffrey Dawson

Journal Articles

This interdisciplinary study finds that the way laws are written and treated by state regulators measurably affects bureaucratic performance: the care taken by legislatures and state agencies in developing domestic elder abuse law affects how lower-level bureaucrats investigate and report abuse. Perhaps more interesting, however, are two robust findings about state law making. Both legislator characteristics (here, being middle-aged or slightly older) and lobbying by seemingly the most important group (here, the American Association of Retired Persons [AARP]) sometimes have an unexpected effect. We surmise that these legislators and lobbyists find other issues both more politically attractive and more pressing …

The Implementation Of Fda Determinations In Litigation: Why Do We Defer To The Pto But Not To The Fda?, William G. Childs

Minnesota Journal of Law, Science & Technology

No abstract provided.

Lay Jurors In Patent Litigation: Reviving The Active, Inquisitorial Model For Juror Participation, Joel C. Johnson

Minnesota Journal of Law, Science & Technology

No abstract provided.

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Minnesota Journal of Law, Science & Technology

No abstract provided.

Lessons From The Interaction Of Biotechnology, Intellectual Property And World Needs, Charles C. Muscoplat

Minnesota Journal of Law, Science & Technology

No abstract provided.

Reform In The "Brave Kingdom": Alternative Compensation Systems For Peer-To-Peer File Sharing, Joseph Gratz

Minnesota Journal of Law, Science & Technology

No abstract provided.

Methods Development And Application Of Two Dimensional Chromatography And Tandem Mass Spectrometry In Proteomics, Brett Romain Wenner

University of Kentucky Doctoral Dissertations

Although molybdenum blue solutions have been known for more than twocenturies, an understanding of their chemical nature is only beginning to emerge.This dissertation aimed at elucidating the structural nature of the polydisperse,nanoscopic components in the solution phases and the solid states of partiallyreduced polyoxomolybdate (Mo-POM). The study offered at least fourcontributions to the area: (1) a rational protocol for the molecular recognition ofMo-POM with de novo organic hosts. (2) demonstration of kinetic precipitation ofa dynamic mixture of polyoxomolybdates and application of the technique to thestudy of the dynamic mixture by TEM (3) characterization of the Mo-POMnanostructures by an unusual combination …

The Social Life Of Poetry: Pluralism And Appalachia, 1937-1946, Christopher Allen Green

University of Kentucky Doctoral Dissertations

This dissertation demonstrates how poetry about Appalachia expanded American considerations of democracy, ethnicity, and cultural values. I argue that poetry is profoundly communal in its construction and investigate how the value of poetry changes based upon its transfer through varying networks of production, circulation, and reception. Informed by theories of cultural capital and rhetoric, the chapters trace three books of poetry from their composition and publication to their reception and influence, noting how central political and social institutions and individuals shaped that process. The dissertation establishes how the poets crafted their writing to sway specific interpretive communities attitudes on pluralism. …

Cowbirds, Locals, And The Dynamic Endurance Of Regionalism, Wendy Griswold, Nathan Wright

Sociology Faculty Research and Scholarship

Regional cultures, far from atrophying in the face of national and global cultural circuits, are both enduring and reproducing themselves. This is not just due to locals holding fast to their traditions but to cosmopolitans becoming knowledgeable about the culture of place as part of their ongoing identity construction. Results from Survey2000, an online survey conducted by the National Geographic Society, show the processes that are maintaining and even increasing the cultural distinctiveness of American regions as indicated by residents’ knowledge of local literature. One such process involves what we call cultural “cowbirds,” people new to a region who catch …