Digital Commons Network^™

Transnational Private Law And Private Ordering In A Contested Global Society, Robert Wai

Articles & Book Chapters

This article explores a social vision of global public order taken from transnational private law. It recasts the potential role of private law in the cross-border economic context as centrally concerned with private action as both the object and vehicle of substantive and procedural governance. Viewed in this way, private law is a venue. for the contestation and regulation of private action by private action in the contemporary global system. With its distinctive strengths and weaknesses, transnational private law is viewed as one alternative among many regimes of global order and is understood to perform a social- indeed, "public"-function in …

Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond

Articles & Book Chapters

The relationship between cartography and law provides a unique focus through which to examine mixed legal jurisdictions. Through an exploration of the various uses of law, cartography, and nation building, the author postulates that mixed legal jurisdictions are created through the subtle incorporation of the originally unfamiliar “Other”. In Canada, European settlers asserted sovereignty through the mapping and naming of territory in ways that did not accord with traditional Aboriginal patterns of usage or conceptualizations of space. The eventual creation of a legal middle ground between these peoples, as articulated by Richard White, is the basis of the author’s analysis …

Madly Off In One Direction: Mcgill’S New Integrated, Poly-Jural, Trans-Systemic Law Program, Harry W. Arthurs

Articles & Book Chapters

In 1994, the McGill Faculty of Law organized a two-day faculty retreat, seeking to lay the foundations of a new curriculum. This desire was in part a response to the contradictions inherent to the faculty, but also stemmed from a deep-seated preoccupation with ‘polyjurality’, non-state normativity, transnational legal systems, and legal theory—a preoccupation that dates back to its origins, over 150 years ago. The author, while praising McGill's efforts at reinventing itself, laments a certain reserve toward interdisciplinarity. He conjectures that at least some understand the teaching of polyjurality and transsystemic law as a project that is largely concerned with …

Three Themes From Raz, Leslie Green

Articles & Book Chapters

No abstract provided.

General Jurisprudence: A 25th Anniversary Essay, Leslie Green

Articles & Book Chapters

No abstract provided.

Mixed Methods Research Designs In Counseling Psychology, William E. Hanson, John W. Creswell, Vicki L. Plano Clark, Kelly S. Petska, J. David Creswell

Department of Psychology: Faculty Publications

With the increased popularity of qualitative research, researchers in counseling psychology are expanding their methodologies to include mixed methods designs. These designs involve the collection, analysis, and integration of quantitative and qualitative data in a single or multiphase study. This article presents an overview of mixed methods research designs. It defines mixed methods research, discusses its origins and philosophical basis, advances steps and procedures used in these designs, and identifies 6 different types of designs. Important design features are illustrated using studies published in the counseling literature. Finally, the article ends with recommendations for designing, implementing, and reporting mixed methods …

Presentment And Payment In Cheque Electronic Clearing: Advance Bank V. Td Bank, Benjamin Geva

Articles & Book Chapters

In the context of Advance Banlc v. TD Bank, a case involving the return of across border dishonoured cheque by a Canadian drawee bank, the article addresses issues relating to the presentment and payment of cheques in Canada. It deals with compliance with the statutory requirements for presentment in the context of CPA clearing rules, and further discusses the legal implications of the treatment of a cheque processed in the clearing. The article argues that a delayed return of a cheque by the drawee bank constitutes "payment" of the cheque that benefits the depositor vis-a-vis the collecting bank, though not …

After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge

Articles & Book Chapters

This article sketches the rise and fall of industrial citizenship in Canada, and presents two very different models of citizenship that might replace it. It begins by defining the concept of citizenship, and explaining how industrial citizenship has conventionally been understood. It then traces the genealogy of industrial citizenship in Canadian labour law, and how the processes of feminization, deregulation, and globalization have challenged it as a normative ideal and undermined the conditions that have sustained it. The article concludes by considering two scenarios for industrial citizenship in the future: one in which the substance of citizenship is circumscribed by …

Agreeing To Disagree: Can We Just Have Words?, Cisg Article 11 And The Model Law Writing Requirement, Janet Walker

Articles & Book Chapters

The success of the CISG in defining the terms by which businesspersons enter into international sales contracts could one day warrant a shift in the presumption against arbitration in the attendant dispute resolution.

Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein, Jonathan A. Nockels

SMU Law Review

No abstract provided.

Statutory Rape In A Post Lawrence V. Texas World, Arnold H. Loewy

SMU Law Review

No abstract provided.

Franchise Law, Deborah S. Coldwell, Heather Morschauser, Eli Burriss, Altresha Burchett

SMU Law Review

No abstract provided.

Personal Torts, Michael W. Shore, Judy Shore

SMU Law Review

No abstract provided.

Applicant Ad Hoc Waiver Of Discrepancies In The Documents Presented Under Letters Of Credit, Richard F. Dole Jr.

SMU Law Review

No abstract provided.

Loving Your Students - A Faculty Model For Today's Classroom, Anthony Trippe

Articles

This paper reviews research related to four recent business management models of charismatic and inspirational leadership. It goes on to select the key traits and behaviors of these leadership models for the workplace environment and use them as the foundation of a model for a loving faculty member. Like the business leader, the devoted, caring professor leads his engineering students in their quest for knowledge, growth and learning. Based upon peer-reviewed leadership research which reports the value and benefits of a caring, mentoring and loving leader in the business world, the loving professor will also be successful in meeting the …

Walt Whitman’S Temporary Autonomous Zone. , John Roche

Articles

No abstract provided.

Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen

Articles

This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.

Cultural Studies At R.I.T./U.S.A: Of Visual Culture And Pedagogical Interventions, Amit Ray

Articles

Abstract:

This paper examines the role of Cultural Studies in addressing the limitations of American visual culture through pedagogical interventions at Rochester Institute of Technology. Ray argues that despite globalization's potential to enhance international understanding, American visual media remains largely ethnocentric and resistant to representing the complex realities of global interconnectedness. Using the recent Iraq War as an example, he demonstrates how media coverage systematically obscured cultural, historical, and linguistic contexts while promoting martial nationalism. The author proposes using popular animated television programs like The Simpsons and South Park as pedagogical tools to expose the contradictory nature of contemporary media …

'Learning By Doing,' The Development Of A Constructivist Program: Putting Dewey Into Practice, Martha May Tevis, John Mcbride

Teaching and Learning Faculty Publications

For the past several years a unique graduate program that has been offered to public school teachers of mathematics and science in the Lower Rio Grande Valley of Texas at the University of Texas – Pan American (UTPA). Some comments from graduates of this program are; “It has “changed my life, ” resulted in “bringing activities from the university classroom to public school classrooms to the home of my students.” “ ... helped me achieve a masters degree which would not have been possible for me as a mother of five— three of whom are enrolled in a university and …

Petrographic Analysis Of Sherd Samples From The Hot Spring Lake And Airport Sites, Salt Lake City, Utah, Sergio F. Castro-Reino, James R. Allison

Faculty Publications

Prehistoric sherds from two sites near the Salt Lake City airport were analyzed petrographically and compared to a small reference set of sands from the Salt Lake Valley. No Fremont wares are tempered with sand from the Salt Lake area. Some Late Prehistoric wares are tempered with coarse, angular, alluvial sand temper of mineralic composition from metagranite sources 10-12 kilometers away. Volcanic-tempered Late Prehistoric sherds may originate in the Traverse Mountains--provenance cannot be established without further sampling, but the closest sources are at least 30 kilometers away. In all cases sources appear to be non-local to the studied sites.

The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill

UC Law Journal

This Article addresses the ongoing-and, indeed, accelerating process of sporadic, piecemeal, and unnecessary legislation leading to increasing inconsistencies and irrationalities in American criminal law. After a wave of modernization in the I960s and 1970s, the past generation has not witnessed further advances, but rather a serious and growing degradation of most criminal codes.

This Article offers several insights regarding criminal code degradation. First, it provides specific and concrete examples of degradation and its harmful effects. Second, drawing on their experiences as participants in the recent reform efforts of Illinois and Kentucky, the authors offer an insider's view of how the …

Recusal And The Supreme Court, Debra Lyn Bassett

UC Law Journal

From Laird v. Tatum to Bush v. Gore, the refusal of some Supreme Court Justices to recuse themselves in controversial cases has caused reactions ranging from confusion to disgust. The latest "duck hunting" recusal controversy, and the Court's seemingly callous response to the public outcry, seemed to suggest a deliberate indifference to the recusal standard. This Article examines the recusal provisions applicable to the Supreme Court. There is little doubt that Congress drafted the federal recusal statute broadly and intended to encompass Supreme Court Justices within the statute's reach. However, interesting questions surround recusal in the Supreme Court due to …

Pricing In The New Economy: Lessons From The Period Of The E-Commerce Bubble, Phillip J. Bryson

Faculty Publications

The New Economy increased U.S. productivity sharply after 1995. The latest economics literature on the topic, which generally forecasts a secure future for the information economy, is reviewed. The down side of the New Economy were the strategies, especially the pricing strategies of NASDAQ and virtual firms. The critique of Michael Porter regarding the non-strategic price cutting common to those firms is reviewed. Traditional models by Sweezy and Baumol, which focus on pricing in imperfectly competitive industries, are applied to provide a cogent theory as to why those firms made mistakes that were once viewed as common for neophyte industries.

Thorium-Based Thin Films As Highly Reflective Mirrors In The Euv, David D. Allred, William R. Evans, Jed E. Johnson, Richard L. Sandberg, R. Steven Turley

Faculty Publications

As applications for extreme ultraviolet (EUV) radiation have been identified, the demand for better optics has also increased. Thorium and thorium oxide thin films (19 to 61 nm thick) were RF-sputtered and characterized using atomic force microscopy (AFM), spectroscopic ellipsometry, low-angle x-ray diffraction (LAXRD), x-ray photoelectron spectroscopy (XPS), and x-ray absorption near edge structure (XANES) in order to assess their capability as EUV reflectors. Their reflectance and absorption at different energies were also measured and analyzed at the Advanced Light Source in Berkeley. The reflectance of oxidized thorium is reported between 2 and 32 nm at 5, 10, and 15 …

Seeking Life Balance: The Perceptions Of Health Of Cambodian Women In Resettlement, Olivia Catolico Phd, Msn

Dissertations

This grounded theory study was an inquiry into the perceptions of health of Cambodian women in resettlement and the conditions that influenced their perceptions. Few studies of Cambodian women who escaped political conflict exist. Cambodian women were among the waves of Southeast Asian refugees who have resettled in the United States. The sequelae of significant life trauma upon the health of Cambodian women in resettlement have received little attention in the nursing literature. There is less information about their perceptions of health in resettlement as their beliefs about health and illness causation contrast with those of Western health care providers. …

Acww: Adding Automation To The Cognitive Walkthrough For The Web (Cww), Richard Brown

UNF Graduate Theses and Dissertations

The Cognitive Walkthrough for the Web (CWW) is a Usability Evaluation Method that can be used as an approach to evaluate a website. Unfortunately, the original formulation of CWW has been applied by researchers in the area as a set of a semi-manual processes, which have proven to be extremely time-consuming, and as with any semi-manual process, error-prone. This thesis presents a web-based approach to automate CWW, which we call ACWW. The automation of these processes implies, on the one hand, that researchers can reduce the amount of time dedicated to computing the results associated with performing various analyses. On …

July 26 Campaign Materials - Casa De Maryland, Office Of Representative Luis V. Gutiérrez

1.1 Documents

This series consists of materials generated by the Office of Representative Luis V. Gutiérrez relating to legislative accomplishments and campaign materials.

Publisher's Note, Catherine Bramble

Brigham Young University Prelaw Review

No abstract provided.

In Defense Of Narrow Tailoring, Shane K. Shumway

Brigham Young University Prelaw Review

No abstract provided.

Redesigning The International Lender Of Last Resort, Patrick Bolton, David A. Skeel Jr.

Center for Contract and Economic Organization

This paper is concerned with the issue of how to balance bailouts (or "lending into arrears") with debt reductions (or "private sector involvement") in the resolution of sovereign debt crises. It provides a review of recent proposals for improving the sovereign debt restructuring process. In addition to defending a sovereign bankruptcy proposal we have put forward in recent work, this article proposes a major reorientation of the IMF's role in sovereign debt crises.