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2005

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Leadership, Collective Personality, And Performance, David A. Hofmann, Lisa Jones Christensen Jan 2005

Leadership, Collective Personality, And Performance, David A. Hofmann, Lisa Jones Christensen

Faculty Publications

By viewing behavior regularities at the individual and collective level as functionally isomorphic, a referent-shift compositional model for the Big 5 personality dimensions is developed. On the basis of this compositional model, a common measure of Big 5 personality at the individual level is applied to the collective as a whole. Within this framework, it is also hypothesized that leadership (i.e., transformational, transactional, and passive) would predict collective personality and that collective personality would be significantly related to collective performance. The results supported these hypotheses using a sample of franchised units. On the basis of recent research at the individual …


Analysis And Insights From A Dynamical Model Of Nuclear Plant Safety Risk, Stephen Hess, Alfonso M. Albano, John Gaertner Jan 2005

Analysis And Insights From A Dynamical Model Of Nuclear Plant Safety Risk, Stephen Hess, Alfonso M. Albano, John Gaertner

Research Collection School of Social Sciences

In this paper, we expand upon previously reported results of a dynamical systems model for the impact of plant processes and programmatic performance on nuclear plant safety risk. We utilize both analytical techniques and numerical simulations typical of the analysis of nonlinear dynamical systems to obtain insights important for effective risk management. This includes use of bifurcation diagrams to show that period doubling bifurcations and regions of chaotic dynamics can occur. We also investigate the impact of risk mitigating functions (equipment reliability and loss prevention) on plant safety risk and demonstrate that these functions are capable of improving risk to …


Do Rural Land Markets Increase Inequality? Evidence From A Chinese Province, Qian Forrest Zhang Jan 2005

Do Rural Land Markets Increase Inequality? Evidence From A Chinese Province, Qian Forrest Zhang

Research Collection School of Social Sciences

Using a 2001 provincial survey, we find that disparities in land-rights distribution have greatly increased in rural China, and the growth of land markets is directly responsible for that. The land markets tend to concentrate land in those who can more efficiently use it. This translates disparities in land-rights distribution to magnified inequality in farm income. However, such widening disparities caused by land markets have compensatory effects on overall rural inequality, as land markets tend to bring up families who would fall at the bottom of income distribution in the absence of such markets. Expansion of markets, in this case, …


Defining (Multiple) Selves: Stories From The Field, Chang Yau Hoon Jan 2005

Defining (Multiple) Selves: Stories From The Field, Chang Yau Hoon

Research Collection School of Social Sciences

The ‘Self’ in late-modernity is never singular but multiplies across different discourses, practices and positions. It is constructed through difference. It is only through a relation to the ‘Other’ that the ‘Self’ can be defined. This paper endeavours to map the endless negotiations of my ‘Self’ as male Australian academic of Chinese descent, a Malaysian citizen, a Bruneian resident, and an Indonesian specialist, over a period of fieldwork in Jakarta in 2004. It discusses how I defined my multiple ‘Selves’ to different individuals and communities, how they in turn defined me, and how these constructions were always shifting. Depending on …


The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein Jan 2005

The Definition Of Disability In The Americans With Disabilities Act: Its Successes And Shortcomings: Proceedings Of The 2005 Annual Meeting, Association Of American Law Schools Sections On Employment Discrimination Law; Labor Relations And Employment Law; And Law, Medicine And Health Care, Sharona Hoffman, Paul Steven Miller, Chai R. Feldblum, Michael Ashley Stein

Faculty Publications

No abstract provided.


The Virginia Uniform Trust Code, John E. Donaldson Jan 2005

The Virginia Uniform Trust Code, John E. Donaldson

Faculty Publications

No abstract provided.


Life After The White House: The Public Post-Presidency And The Development Of Presidential Legacies, Lori Cox Han, Matthew J. Krov Jan 2005

Life After The White House: The Public Post-Presidency And The Development Of Presidential Legacies, Lori Cox Han, Matthew J. Krov

Political Science Faculty Books and Book Chapters

"This chapter considers two distinct yet related issues: First, we examine the role that continuing press coverage of a former president plays in the development of a presidential legacy; and second, we consider the impact of Clinton’s lingering presence in the news media in the first year after he left office and how that has shaped the early phase of his legacy. While the historical rankings and public approval ratings of former presidents can and do shift—sometimes dramatically—in the years after leaving office, news coverage during the first year can be important in setting a tone as to how the …


The Rose Garden Strategy Revisited: How Presidents Use Public Activities, Lori Cox Han Jan 2005

The Rose Garden Strategy Revisited: How Presidents Use Public Activities, Lori Cox Han

Political Science Faculty Books and Book Chapters

"The overall goal of this study was to determine how often, and in which formats, presidents choose to go public, and if differences exist in that pattern during their reelection efforts. This chapter also considers the major developments within the public presidency during the twentieth century, and how those developments contributed to the patterns in public activities that have emerged for Presidents Hoover through Clinton."


The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson Jan 2005

The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson

Law Faculty Publications

The history of the prerogative of the sovereign, the lex prerogativa, in Anglo American jurisprudence is long and complicated. It has exercised the minds of jurists and political philosophers for many centuries, and there has not been universal agreement as to its nature and scope. The purpose of this essay, as prompted by the two quotations just given, is to describe the prerogative law and trace its development from medieval England to modem Virginia.


Johnson V. Degrandy, Henry L. Chambers Jr. Jan 2005

Johnson V. Degrandy, Henry L. Chambers Jr.

Law Faculty Publications

512 U.S. 997 (1994), argued 4 OCT. 1993, decided 30 June 1994 by vote of 7 to 2 Souter for the Court, O'Connor concurring, Kennedy concurring in part and concurring in the judgment, Thomas and Scalia in dissent.


Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia Jan 2005

Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia

Law Faculty Publications

The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …


The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen Jan 2005

The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen

Law Faculty Publications

In this Article, I will address environmental issues in the context of our rapidly evolving understanding of "restructuring." The market for electricity is fast becoming a series of regional marketplaces for wholesale transactions, operating on bid-based systems that move power at the lowest cost. There are plenty of states where power is still delivered as it has been for decades: by "bundled" service provided by vertically integrated utilities. However, the trend is toward regionalization, where independent entities control the transmission grid and play a major role in determining how power is delivered. These market participants, confusingly, have been known by …


Does The Efficient Market Theory Help Us Do Justice In A Time Of Madness, William O. Fisher Jan 2005

Does The Efficient Market Theory Help Us Do Justice In A Time Of Madness, William O. Fisher

Law Faculty Publications

This Article questions how well the efficient market theory, as applied by event studies, works in cases originating during the Internet, high-tech, and telecommunications bubble of 1998 to 2001. In doing so, the Article discusses technical and theoretical challenges to the efficient market theory. Principally, however, this Article argues that the use of the efficient market theory-and relatedly the event study methodology-is inappropriate in bubble cases for normative reasons. The normative connection between the efficient market theory-applied through event studies-and the lOb-5 elements-reliance, materiality, loss causation, and damages-presupposes that the market acts rationally. Market professionals supposedly impose that rationality through …


Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii Jan 2005

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii

Scholarly Articles

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks - foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced - and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics - attainment …


Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin Jan 2005

Tila ‘Finance’ And ‘Other’ Charges In Open-End Credit: The Cost-Of Credit Principle Applied To Charges For Optional Products Or Services, Ralph J. Rohner, Thomas Durkin

Scholarly Articles

The thesis of this article is that a more workable approach to characterizing fees for optional products and services is possible by focusing on charges that represent payment for discrete products or services of value to the consumer, freely chosen by consumers as contract options which do not affect the amount of credit available to the consumer, the consumer's access to it, or the allocation of payment responsibility and credit risk in the transaction or plan. In other words, these fees are for separate-or separable-purchases, analogous to subsequent events in closed-end credit that require no new disclosure or adjustment in …


Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark Jan 2005

Achieving Batterer Accountability In The Child Protection System, Leigh Goodmark

Kentucky Law Journal

No abstract provided.


The Lost Distinction Between Agency And Decisional Authority: Unfortunate Consequences Of The Member-Managed Versus Manager-Managed Distinction In The Limited Liability Company, Thomas E. Rutledge Jan 2005

The Lost Distinction Between Agency And Decisional Authority: Unfortunate Consequences Of The Member-Managed Versus Manager-Managed Distinction In The Limited Liability Company, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.


Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor Jan 2005

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.


Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts Jan 2005

Internet Libel And The Communications Decency Act: How The Courts Erroneously Interpreted Congressional Intent With Regard To Liability Of Internet Service Providers, Emily K. Fritts

Kentucky Law Journal

No abstract provided.


The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt Jan 2005

The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt

Kentucky Law Journal

No abstract provided.


Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty Jan 2005

Eliminating The Exception? Lawrence V. Texas And The Arguments For Extending The Right To Marry To Same-Sex Couples, Tyler S. Whitty

Kentucky Law Journal

No abstract provided.


Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt Jan 2005

Not-So-Critical Vendors: Redefining Critical Vendor Orders, Christopher D. Hunt

Kentucky Law Journal

No abstract provided.


Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert Jan 2005

Contestable Judicial Elections: Maintaining Respectability In The Post-White Era, Joseph E. Lambert

Kentucky Law Journal

No abstract provided.


Making The Obvious Choice Malpractice: Llps And The Lawyer Liability Time Bomb In Kentucky's 2005 Tax Modernization, Thomas E. Rutledge, Allan W. Vestal Jan 2005

Making The Obvious Choice Malpractice: Llps And The Lawyer Liability Time Bomb In Kentucky's 2005 Tax Modernization, Thomas E. Rutledge, Allan W. Vestal

Kentucky Law Journal

No abstract provided.


Confederation-Era Discrimination Against Interstate Commerce And The Legitimacy Of The Dormant Commerce Clause Doctrine, Brannon P. Denning Jan 2005

Confederation-Era Discrimination Against Interstate Commerce And The Legitimacy Of The Dormant Commerce Clause Doctrine, Brannon P. Denning

Kentucky Law Journal

No abstract provided.


Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather Jan 2005

Tax Exemption Of American Churches And Other Nonprofits: One Election Cycle After Branch Ministries V. Rossotti, Jerome Park Prather

Kentucky Law Journal

No abstract provided.


Evaluating Kentucky's Investment Tax Credits In Light Of Cuno V. Daimlerchrysler, Inc., Bradford C. Spencer Jan 2005

Evaluating Kentucky's Investment Tax Credits In Light Of Cuno V. Daimlerchrysler, Inc., Bradford C. Spencer

Kentucky Law Journal

No abstract provided.


Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires Jan 2005

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.


Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman Jan 2005

Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman

American Indian Law Review

No abstract provided.


The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka Jan 2005

The Poltical Rights And Status Of Indeigenous Peoples In The 21st Century, Tama William Potaka

American Indian Law Review

No abstract provided.