Digital Commons Network^™

The New Universal Jurisdiction: In Absentia Signaling Over Clearly Defined Crimes, Anthony J. Colangelo

Faculty Journal Articles and Book Chapters

No abstract provided.

Nationalizing International Criminal Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

International law scholars often assume that the best way to enforce human rights is by establishing strong international institutions that develop the law progressively and enforce it independently. Political realists counter that such institutions are only as useful as powerful states permit them to be, and discourage expansive visions of their mandate. Partisans of the recently created International Criminal Court (ICC) must come to terms with the realist challenge. They must work to adapt the institution accordingly, without abandoning hope for the project altogether. Although the ICC will be constrained by the state support it commands, it can make a …

Minimizing Corporate Liability Exposure When The Whistle Blows In The Post Sarbanes-Oxley Era, Marc I. Steinberg, Seth A. Kaufman

Faculty Journal Articles and Book Chapters

Over the past few years, numerous newspapers and magazines have featured stories discussing whistleblowers. From Sherron Watkins at Enron to Cynthia Cooper at Worldcom, employees who reported perceived corporate fraud have received widespread attention. With this increased public focus, Congress chose to provide statutory protection in the whistleblower corporate or securities law context through enactment of the Sarbanes-Oxley Act of 2002 (SOX).

Prior to SOX, federal and state statutes (as well as common law) existed to protect whistleblowers in specific settings. For example, the False Claims Act provides protection to individuals who report fraudulent activities committed against the federal government. …

Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen

Faculty Journal Articles and Book Chapters

Attorneys face significant liability exposure under the state securities laws, and they can be held primarily liable when they are "sellers" of securities, or under some state statutes, like California, when they are experts. Depending on the applicable jurisdiction and counsel's status relative to the subject client, secondary liability may be incurred. In a number of states, counsel has liability exposure based on materially aiding the primary violator with the requisite intent.

This article surveys and analyzes attorney liability under state securities law. After presenting a succinct overview of applicable state law in Part II, the article then provides a …

Reconciling Pinstripes And Pearls, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

Review of Judith Richards Hope, Pinstripes & Pearls: The Women of the Harvard Law School Class of '64 Who Forged an Old-Girl Network and Paved the Way for Future Generations (2003)

Hell's Broke Loose In Georgia, Scott Walker

Defending Savannah: History and Archaeology of the Gibson's Point Battery

A chapter from Hell's Broke Loose in Georgia by Scott Walker on 57th Georgia Infantry stationed on Whitemarsh Island from January to February of 1864. The unit was involved in the skirmish of February 22, 1864.

Scott Walker, Hell's Broke Loose in Georgia: Survival in a Civil War Regiment (Athens: University of Georgia Press, 2005), 103-108.

Borrowing Trouble? V: Subprime Mortgage Lending In Greater Boston, 2000-2003, Jim Campen

Gastón Institute Publications

Four years ago, in response to numerous reports of the growth of predatory lending, both locally and nationwide, the Massachusetts Community & Banking Council (MCBC) – whose Board of Directors has an equal number of bank and community representatives – commissioned a study of subprime refinance lending in the city of Boston and surrounding communities. The resulting report, Borrowing Trouble? Subprime Mortgage Lending in Greater Boston, 1999, was the first detailed look at subprime lending in the city of Boston and in twenty-seven surrounding communities.

This is the fifth report in the annual series begun by that initial study. …

Nonprofit Interjurisdictionality, Norman I. Silber

Hofstra Law Faculty Scholarship

The federal system of "dual sovereignties" guarantees that most American legal regimes tolerate jurisdictional overlap between the enforcement authority of federal and state agencies. This presentation explores interjurisdictional overlap in the context of nonprofit legal supervision. Notwithstanding the common assumption that "states police mission while the IRS polices money," it is suggested here that the overlap has become much broader than generally has been supposed; that over a wide range of common misconduct among the preponderance of organizations in the nonprofit sector, either the Internal Revenue Service or state authorities could, if they wanted to and in no particular order, …

The Billable Hours Derby: Empirical Data On The Problems And Pressure Points, Susan Saab Fortney

Hofstra Law Faculty Scholarship

If you ask law firm attorneys to identify their biggest complaint related to private law practice, most will probably respond with one word: billing. At the same time, clients are likely to identify billing as their most serious concern associated with obtaining legal services. The irony in clients and attorneys sharing frustration over hourly billing relates to the fact that the initial interest in hourly billing stemmed from attorneys' desire to be efficient and to maximize their earnings and clients' preference for only paying for the actual time expended on their behalf. Since the 1960s, hourly billing has evolved as …

The Third Wave: The Alien Tort Statute And The War On Terrorism, Julian G. Ku

Hofstra Law Faculty Scholarship

The Supreme Court's decision in Sosa v. Alvarez-Machain to keep the door ajar for lawsuits alleging violations of international law under the Alien Tort Statute (ATS) has important implications for the U.S. government's prosecution of the war on terrorism. Unlike "first wave" ATS lawsuits against other aliens, or "second wave" ATS lawsuits against multinational corporations, what I call the "third wave" of ATS lawsuits are directed at the U.S. government itself. This third wave has already manifested itself in ATS lawsuits arising out of U.S. mistreatment of prisoners held in Iraq, alleged mistreatment of detainees at Guantanamo Bay, and the …

Security In Serverless Network Environments, Carl Holtje

Theses

As portable computing devices grow in popularity, so does the need for secure communications. Lacking tethers, these devices are ideal for forming small proximal groups in an ad-hoc fashion in environments where no server or permanent services are available. Members of these groups communicate over a broadcast or multicast network interconnect, and rely upon each other to form a cohesive group. While generally small in size and short in lifetime, security is a critical aspect of these groups that has received much academic attention in recent years. Much of the research focuses upon generating a common, group-wide private key suitable …

The Future Of The Doctrine Of Necessity And Critical-Vendor Payments In Chapter 11 Cases, Alan N. Resnick

Hofstra Law Faculty Scholarship

This Article explores the history and justification for the doctrine of necessity in Chapter 11 cases. It discusses the doctrine's gradual narrowing, due to appellate courts' reluctance to permit payment of prepetition debts or recognize courts' authority to authorize such payments. The Article analyzes the effect of recent amendments to the Bankruptcy Code on the doctrine and confirms that there is uncertainty regarding the propriety of payment of certain prebankruptcy debts. The Article proposes that the Code be amended to clarify the extent to which the doctrine of necessity applies in Chapter 11 cases and asserts that courts should recognize …

Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs

Law Faculty Publications

This article begins by asking, "What is Race: Some Modem Western Perspectives?" Section I surveys race from various vantage points, including views associated with social and natural scientists, jurists, and members of the general public. In short, Section I grapples with what we currently mean when we use the term race.

Many people, especially westerners, believe that the human family consists of multiple races. Such thinking flows from and reinforces multi-racial worldviews. Thus, Section II asks: "What Does a Multi-racial Worldview Look Like?" Here, using graphic symbols we attempt to communicate some sense of what a multi- racial perspective involves. …

Dynamic Complementarity: Terri's Law And Separation Of Powers Principles In The End-Of-Life Context, O. Carter Snead

Journal Articles

The bitter dispute over the proper treatment of Theresa Marie Schiavo - a severely brain-damaged woman, unable to communicate and with no living will or advance directive - has garnered enormous attention in the media, both national and international. What began as a heated disagreement between Ms. Schiavo's husband and parents mushroomed into a massive political conflict involving privacy advocates on one side, and right-to-life and disability activists on the other. The battle raged on the editorial pages of the world's newspapers, in the courts, and ultimately, in the legislative and executive branches of the Florida state government. After nearly …

Community-Campus Partnerships For Economic Development: Community Perspectives, Anna Afshar

Partnerships/Community

What are community representatives saying about the value of community-campus partnerships (CCPs) for promoting economic development? CCPs are playing an increasingly visible role in neighborhood revitalization. More and more, we in the Community Affairs Unit of the Federal Reserve System find ourselves reporting on the outcomes of these collaborations. While community-campus engagements offer potential benefits for both communities and academic institutions, it has become clear to us that there is a shortage of narrative and analytical work clarifying how well these partnerships operate from the community perspective. This paper aims to help fill that gap.

Echo, Winter/Spring 2005, Columbia College Chicago

Echo

Student-produced magazine formerly published as Chicago Arts and Communication, changed to Echo magazine in 1997. Cover Articles: Hookah! A new twist on an old smoke; Gender bending at the Baton Show Lounge; Sam Weller on Ray Bradbury; An inside look at speed dating; Great getaways 5 road trips, volunteer vacations, hostel hopping; Cell phone addict? 64 pages.

William & Mary & Tim, College Of William & Mary

1985–1992: Timothy J. Sullivan

No abstract provided.

Chinese And English Discourse In Business Communication: A Case Study Of A U.S. Executive Of A Multinational Corporation In China, Jinghui Liu

Masters Theses

This case study is an examination of business communication forms both in Chinese and English discourse from the perspective of a U.S. executive of multinational corporation in one business working day in China. Forms of oral communication and written communication provide a basis for understanding the executive's business activities in real business practice, as opposed to only written communication. The theoretical framework for this study is provided by Louhiala-Salminen (2002), focusing on the investigation of discourse activities in business communication. The data were collected through use of a business daily activity protocol questionnaire and a longdistance interview. The participant is …

Effects Of Education On Gender Income Inequality In The United States, Jiang Li

Masters Theses

This paper examines the relationship between gender income inequality and educational attainment level with reference to the United States (US). The population under consideration is divided into several groups based on their educational levels. Then gender income inequalities are calculated under each educational level. The total educational effect is shown to be composed of three effects. By measuring these effects, it is found that like past studies, more education reduces gender income inequality, but not in every case. Moreover, this paper explores the relative size of each of the component effects within the educational effect.

The Tootling Intervention: Verbal Vs. Private Reports Of Prosocial Behavior, Jessica Torbeck

Masters Theses

The purpose of this study was to assess the effectiveness of the tooling intervention, developed by Skinner, Skinner, and Cashwell (1998), through the use of verbal versus private reports of peers' prosocial behavior. Previous tootling studies have focused on private reports of prosocial behavior, but verbal reports of prosocial behaviors utilizing the tootling intervention have not been investigated. Two classrooms of 3rd grade students were taught to tootle by either verbally reporting or by privately writing down observed prosocial behaviors of their peers. Both classrooms were reinforced for reaching a desired number of tootles. The results of the current study …

Cultural Competency In Healthcare: How Effective Are Cultural Diversity Training Modules Developed By The University Of Illinois, College Of Nursing,, Linda M. Moore

Masters Theses

Cultural diversity is a core part of our country and its impact has significant implications for quality health care delivery throughout the United States. The need for culturally competent health care services for diverse populations is gaining attention from health providers and educators. Cultural competency is about delivering quality patient care while demonstrating cultural awareness, respect, and concern for other cultures and social groups. Generally there has been a lack of research in the area of cultural competency in health care and the effectiveness of cultural competency training programs on health care providers. The purpose of this study was to …

Agreement Among School Psychologists On Behavioral Function Using Antecedent-Behavior-Consequence Logs As A Functional Behavior Assessment Method, Beth Bourque

Masters Theses

The purpose of this study was to a) determine if school psychologist hypotheses of behavioral function would be consistent with direct behavioral observation data collected via computer program, b) determine if school psychologists agreed with the teacher's hypotheses on behavioral function, and c) determine if school psychologists agreed with each other on behavioral function based on information from the A-B-C logs. Minimal agreement was found between the computer-based hypotheses and the school psychologist's hypotheses, and between the school psychologists and the teacher hypotheses. Agreement on behavioral function was found in two of the cases among school psychologists.

Community Mental Health Care In The U.S.: The Impact Of Deinstitutionalization And Assertive Community Treatment, Mariana A. De Oliveira

Masters Theses

The current review was designed to provide a better understanding of the present situation of mental health care in the U.S. Therefore, a review of the history of deinstitutionalization of the mentally ill in the U.S. and an exploration of the role of a prominent current model in mental health care, Assertive Community Treatment (ACT) were undertaken. Deinstitutionalization changed the paradigm of mental health care in the country. This process underwent different stages from religious based care, to large stated hospitals and to community care, where it stands now. Research articles on ACT in urban and in rural areas were …

Course Schedule Spring 2005, William & Mary Law School

Course Information

No abstract provided.

Studying The Historical Jesus Through Service, Alicia Batten

Service Learning, General

Service learning pedagogy often assumes a variety of forms when connected with classroom teaching. Through a creative use of service learning pedagogy, the author constructs learning designs that foster student engagement with course content and prompts interrelated connections between the subjects and their own service learning experiences. The author highlights the importance of setting a context for service learning through creating activities linked to learning goals, integrating service learning components with classroom teaching methods, and proactively engaging student apathy, resistance, and faith perspectives through specific assignments that combine experience, analysis, and subject matter. The course described in this essay directly …

Sharing Your National Service Story: A Guide To Working With The Media, Corporation For National And Community Service

Service Learning, General

Running a national service program is more than a full-time job. Between developing projects, recruiting volunteers, managing finances, seeking resources, and filling out paperwork, it may feel like there’s no time to do anything else. With all the things a busy program manager has to do, you may wonder: “Why should I care about media coverage, and can it really help me?”

Report Of William & Mary Marshall-Wythe School Of Law 2004-2005, William & Mary Law School

Annual Report

No abstract provided.

Here's A Tip, Change The Law! Nerva V. United Kingdom, Shawn Tafreshi

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Investment Companies Industry Developments — 2004/05; Audit Risk Alerts, American Institute Of Certified Public Accountants (Aicpa)

Issues Papers

No abstract provided.

Will States Continue To Provide Exclusivity In Tribal Gaming Compacts Or Will Tribes Bust On The Hand Of The State In Order To Expand Indian Gaming, Katie Eidson

American Indian Law Review

No abstract provided.