Digital Commons Network^™

The Roles Of Precaution And Political Accountability In The Regulation Of Polybrominated Diphenyl Ethers, Danielle Brim

Vanderbilt Journal of Transnational Law

The differing approaches used in the United States and the European Union to regulate toxic chemicals have been highlighted by debates about a group of chemicals called polybrominated diphenyl ethers, or PBDEs. PBDEs act as flame-retardants and are added to consumer products to increase their safety. Questions about the continued use of PBDEs have been raised, however, because of concerns that PBDEs may be dangerous to human health and the environment. The European Union has decided to ban two types of PBDEs, while the United States has not issued similar restrictions. In this Note, the Author argues that neither decision …

Banned And Enforced: The Immediate Answer To A Problem Without An Immediate Solution, Alison W. Manhoff

Vanderbilt Journal of Transnational Law

India has banned the use of ultrasound technology to determine the sex of a fetus for more than a decade. Despite this ban, India's 2001 census showed that for every one thousand boys under the age of six there are only 927 girls. There is speculation that this striking gender imbalance is largely the result of the abortion of fetuses discovered to be female after a sex determination ultrasound or amniocentesis procedure. Traditionally, the desire not to have a female child is viewed as a consequence of the dowry system that is prevalent in India. Commentators often propose efforts to …

Immunity For Artworks On Loan? A Review Of International Customary Law And Municipal Anti-Seizure Statutes In Light Of The "Liechtenstein" Litigation, Matthias Weller

Vanderbilt Journal of Transnational Law

Are we witnessing the emergence of a legal principle of immunity for artworks on loan from abroad? This Article analyzes to what extent such a principle exists or is about to come into being and what its legal potential might be. To this end, Part II examines one of the leading cases about artworks on loan, the Liechtenstein case, and compares it to other controversies about loaned artworks to identify possible signs of a development in court practice towards a principle of immunity for artworks on loan. Against the background of the legal weaknesses of a yet inchoate concept of …

The Choice Between Civil And Criminal Remedies In Stolen Art Litigation, Jennifer A. Kreder

Vanderbilt Journal of Transnational Law

This Article analyzes the patchwork of legal remedies available to persons claiming ownership of Nazi-looted art. This Article demonstrates that the use of the NSPA via criminal prosecutions or civil forfeiture proceedings provides a claimant with great advantages over the present-day possessors of the art. Part II analyzes the criminal remedies used to punish thieves and restore the art to its original owners or their heirs. Part III analyzes the use of the civil forfeiture mechanism--a hybrid of criminal and civil remedies--in pursuit of restoring art to claimants.

Part IV concludes that criminal prosecutions or civil forfeiture proceedings premised on …

Adrift On A Sea Of Troubles: Cross-Border Art Loans And The Specter Of Ulterior Title, Norman Palmer

Vanderbilt Journal of Transnational Law

The purpose of this Article is to show how modern law responds to such challenge. In particular, it examines the means by which common law systems manage the return of unlawfully removed cultural objects to dispossessed parties, and the implications of those means for international loan agreements. Regard is paid to the remedies that may be available in the aftermath of a claim, and the "self-help" devices that are available to lenders and borrowers. Some of the measures examined are peculiar to cultural objects, but others are general. Some have no direct relation to law, but work on voluntary regulation. …

Preventing Repeat Offenders: North Korea's Withdrawal And The Need For Revisions To The Nuclear Non-Proliferation Treaty, Raven Winters

Vanderbilt Journal of Transnational Law

The Nuclear Non-Proliferation Treaty (NPT) took effect on March 5, 1970, with the following purposes: to prevent the proliferation of nuclear arms, promote nuclear disarmament, and encourage the peaceful use of nuclear energy. Even though the NPT was initially intended as a temporary solution to the threat of nuclear weapons, in 1995 the parties to the NPT voted to extend it indefinitely. For the most part, the NPT has been successful in achieving its goals. Recent challenges to the NPT, however--namely North Korea's withdrawal from the NPT in January 2003--have revealed several weaknesses inherent in the NPT. To strengthen the …

Communication Breakdown?: The Future Of Global Connectivity After The Privatization Of Intelsat, Kenneth Katkin

Vanderbilt Journal of Transnational Law

In 1971, eighty-five nations (including the United States) formed the International Telecommunications Satellite Organization (INTELSAT), a public intergovernmental treaty organization. INTELSAT was charged with operating the world's first global telecommunications satellite system, to guarantee the interconnectedness of the world's communications systems and the availability of international telecommunications service to every nation on earth. By the late 1980s, however, INTELSAT's operations began to experience substantial competition from the private sector. In 2000, the proliferation of privately-owned telecommunications satellites and transoceanic fiber-optic cables led the U.S. Congress to mandate the privatization of INTELSAT. That privatization process began in 2001, and was substantially …

The Vocation Of International Arbitrators, Catherine A. Rogers

Faculty Scholarship

This Essay examines the vocation of the international arbitrator. I begin by evaluating, under sociological frameworks developed in literature on Weberian theories of the professions, how the arbitration community is organized and regulated. Arbitrators operate in a largely private and unregulated market for services, access to which is essentially controlled by what might be considered a governing cartel of the most elite arbitrators. I conclude my description with an account of how recently international arbitrators have begun to display a professional impulse, meaning efforts to present themselves as a profession to obtain the benefits of professionalization. Professional status is often …

Habitat Patch Occupancy Dynamics Of Glaucous-Winged Gulls (Larus Glaucescens) I: A Discrete-Time Model, Karl W. Phillips, Smruti P. Damania, James L. Hayward, Shandelle M. Henson, Clara J. Logan

Faculty Publications

Diurnal habitat occupancy dynamics of Glaucous-winged Gulls were evaluated in a system of six habitats on and around Protection Island, Washington. Data were collected on the rates of gull movement between habitat patches, and from these data the probabilities of transitions between habitats were estimated as functions of tide height and time of day. A discrete-time matrix model based on the transition probabilities was used to generate habitat occupancy predictions, which were then compared to hourly census data. All model parameters were estimated directly from data rather than through model fitting. The model made reasonable predictions for two of the …

International Standards And The Wto, Steve Charnovitz

GW Law Faculty Publications & Other Works

This study provides an overview of how the World Trade Organization rules relate to international standards, that is, standards propounded by some international entity. The topic of standards is a cross-cutting issue in the WTO because rules regarding international standards appear in several of the covered WTO agreements. The paper contains several parts. Part I of the paper explores the meaning of the term international standard and adopts a broad definition for analytical purposes. Part II introduces a typology for international standards. Part III discusses why international standards are important to economic development. Part IV examines some of the key …

Educating Lawyers For The Future Legal Profession, Thomas D. Morgan

GW Law Faculty Publications & Other Works

What today's law students do as lawyers will be profoundly affected by changes their clients experience. Clients are likely to face more global competition than earlier generations could imagine, and they are likely to value lawyers who understand the non-legal aspects of their problems. Tomorrow's lawyers are likely to have to be more specialized than their predecessors, and many will deliver services that are less personal, more commodity-like, and less financially rewarding. Legal education, in turn, faces challenges producing lawyers capable of functioning in that world. Future lawyers will have to be simultaneously more specialized and more capable of responding …

Achievement Goal Theory: A Preliminary Study Examining Educators' Motivational Beliefs And Practices, Marc Groen

Dissertations and Theses @ UNI

Achievement goal theory has become one of the most promising motivational theories examining both student motivation and achievement. The purpose of this study was to expand the current body of research on achievement goal theory by exploring educators' motivational beliefs and instructional practices. Data was collected from two Eastern Iowa school districts using an online survey. Results from this preliminary study provide important information about the practical nature of motivational problems from the perspective of elementary and middle school educators. The author explores the implications of the findings for educators, school psychologists, and future research.

Examining The Role Of Empathy Training In Anger Management Programs For Young Children, Amy L. Zirkelbach

Dissertations and Theses @ UNI

The purpose of this paper is to examine the role of empathy in anger management programs for young children. Given the growing body of research demonstrating the effectiveness of early intervention, efforts are being made to adapt anger management programs to younger populations. As researchers tackle this challenge, careful attention must be given to the unique developmental needs of this age group. Because many anger management programs involve an empathy training component, it is important to determine whether younger populations can benefit from this training. If children are not able to demonstrate these skills at this age, programs and curriculums …

Youth Learning Practices In The Arts: Recognizing Development And Ideal Practice, Jennifer Kennedy

Graduate Research Papers

Youth experience the arts in a number of ways. The arts encompass a variety of mediums including dance, music, drama, and visual arts. Within artistic mediums, the visual arts are regularly experienced by youth, though there are a number of approaches 1 to the practice. Although many art programs within the formal education system are being reduced or cut, most youth regularly experience the visual arts in schools. In addition to formal education, youth experience the arts in out of school programs. Informal art programs include after school programs, community education programs and some limited opportunities in specific fine arts. …

Bullying In Elementary Schools, Jessica J. Wass

Graduate Research Papers

Bullying is a serious problem in today's schools. The history of bullying goes back as far as humans have been living and will continue if schools do not take action. Parents, teachers, administrators, counselors, and school staff are all involved in preventing bullying and intervening when necessary. This paper will define bullying, risk factors, and the effects of bullying on the bully, the victim, and the bystander. Interventions as well as how to prevent bullying will be addressed with emphasis on a whole school approach.

Does Dtc Advertising Strengthen Our Healthcare System, Michael S. Lillo

Seton Hall University Dissertations and Theses (ETDs)

No abstract provided.

Effectively Educating Consumers And Promoting Good Corporate Image Through Financial Literacy Partnerships, Sharon L. Nieuwenhuis

Seton Hall University Dissertations and Theses (ETDs)

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A Novel Approach: How E-Book Technology Is Impacting The American Fiction Market, Jodi L. Kastel

Seton Hall University Dissertations and Theses (ETDs)

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Home Buyers Use Of The Internet: A Study From 1999-2005, Carolyn Mac Evoy

Seton Hall University Dissertations and Theses (ETDs)

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Assessing The State Of Black America In Terms Of Black Buying Power From 1990 To Present, Samina J. Mcgill

Seton Hall University Dissertations and Theses (ETDs)

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Open Source Software For Commercial Off-The-Shelf Gps Receivers, Andrew Greenberg

Dissertations and Theses

Inexpensive and commercially available Global Positioning System (GPS) receivers can be used in novel applications, such as nanosatellites and unmanned aerial vehicles (UAVs), by modifying the receiver's software. Unfortunately, typical GPS software development systems cost tens of thousands of dollars and have restrictive license agreements, such as non-disclosure agreements, for both their hardware and software. This thesis describes the design and construction of an open source GPS receiver development system that addresses these unnecessary restrictions. For the first time, any developer with a PC, a commercially available GPS receiver, and this development system can quickly and easily develop software for …

Inside The Operating Room Of Cosmetic Surgery: America's Self-Image Under The Knife In Television Programming, Stacy Mott

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This thesis is missing from our Archive. If you have a copy (digital or hard copy) of this thesis, please contact the Lynn University Archives.

2005-00-00 Faculty Handbook, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Handbook believed to have been revised between 2002 and 2005.

Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Stacey Dogan, Joseph Liu

Faculty Scholarship

Drawing on recent work by Dan Burk and Mark Lemley in the patent context, this paper explores the extent to which courts have adapted pre-existing copyright doctrines to the special case of computer software. We argue that a number of courts have, as has been widely recognized, significantly adapted copyright doctrines to deal with special features of the computer software market. We further argue that these adaptations have, by and large, positively sought to strike a balance between the copyright act's dual goals of incentive and access. Despite this general trend toward adaptation, however, we point to a handful of …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Hartzog

Faculty Scholarship

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works. Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …

Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean

Faculty Scholarship

Political failure has long been the scapegoat for the increasing complexity of the income tax. Over the last few decades, confusion over the meaning of the term simplification appears to have become a second important obstacle to creating simpler tax laws. Because some tax complexity is attractive to taxpayers, relying on taxpayer preferences to identify complexity and to guide simplification efforts has produced reforms and proposals that promise simplification but instead deliver pro-taxpayer deregulation that may cause more of society's resources to be devoted to paying, minimizing and collecting taxes rather than less. The check-the-box election, which provided taxpayers with …

Evaluation Of Errors In National Energy Forecasts, Denys Sakva

Theses

Energy forecasts are widely used by the U.S. government, politicians, think tanks, and utility companies. While short-term forecasts were reasonably accurate, medium and long-range forecasts have almost always been highly erroneous. In the U.S. many energy policy decisions are driven by Annual Energy Outlook (AEO) forecasts prepared by Energy Information Association (EIA). This thesis evaluates accuracy of AEO reports from 1982 to 2003. Parameters evaluated are: total energy consumption, energy consumption by sector, sector specific parameters, and major model assumptions. Error decomposition and regression analysis are used to appraise accuracy of forecasts. I found that often underlying parameters used to …

Policy Options To Enhance Technology Diffusion: Modeling The Greenhouse Gas Reduction Potential Of Solid-State Lighting, Amanda Slocum

Theses

Solid-state lighting (SSL) is an emerging technology that is projected to provide substantial energy savings over conventional lighting sources by 2025. There is a growing concern over the consequences of climate change, largely attributed to anthropogenic emissions of carbon dioxide (CO2; a greenhouse gas) from fossil fuel combustion. Currently fossil-fuel combustion accounts for 70% of electricity produced in the U.S., and end-use lighting applications alone consume approximately one-fifth of this electricity. Therefore, replacing conventional lighting sources with energy-efficient SSL has the potential to significantly reduce electricity consumption which can in turn reduce CO2 emissions. However, previous research has shown there …

A Study Of Undergraduate Filial Piety As A Predictor Of Academic Achievement, Yan Kuang

All-Inclusive List of Electronic Theses and Dissertations

In order to enhance learning outcome, filial piety is explored in this study as a holistic approach to optimize human internal conditions and performance and reach human potential. Through a synthesis of modern life science and Eastern philosophies and beliefs, a Theory of Human Prosperity by filial piety was proposed. A bio-social model of the relationship between the nature and the culture of filial piety was established and the notion of filial piety was reconceptualized. Based on the Theory of Human Prosperity by filial piety, a hypothesis of filial piety that predicts undergraduate academic achievement (represented by their SAT total …