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President's Report, 2005, University Of Montana (Missoula, Mont.). Office Of The President

University of Montana President’s Report, 1993-2016

The President’s Report of the University of Montana, produced by University Relations on behalf of the President’s Office.

Montana Business Quarterly, Winter 2005, University Of Montana--Missoula. Bureau Of Business And Economic Research

Montana Business Quarterly, 1949-2021

This is an academic publication produced by the Bureau of Business and Economic Research (BBER) at the University of Montana’s College of Business. This is volume 43, number 4.

A New Approach To Corporate Choice Of Law, Jens Dammann

Vanderbilt Journal of Transnational Law

The state of incorporation doctrine, which now applies both in the United States and in the European Community, allows corporations to choose the state law governing their internal affairs by incorporating in the appropriate state. Most scholars believe that this freedom to choose benefits both shareholders and society as a whole. Against this background, an obvious question is whether the state of incorporation doctrine is really the most efficient way of granting corporations the right to choose. In this Article, the Author argues that while there are sound reasons for retaining the state of incorporation doctrine as one mechanism for …

The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen

Vanderbilt Journal of Transnational Law

One of the constant elements of warfare is its degrading effects on the environment. Many writers blame this destruction of the environment on inadequate standards in the international law of environmental warfare. To remedy this shortfall, the international law of environmental warfare should be categorized as either passive or active environmental warfare. Active environmental warfare requires the intentional "use" of the environment as a weapon of waging armed conflict. Passive environmental warfare includes acts not specifically designed to "use" the environment for a particular military purpose but that have a degrading effect on the environment. Passive environmental warfare violates international …

Dangerous Criminals Or Dangerous Courts: Foreign Felonies As Predicate Offenses Under Section 922(G)(1) Of The Gun Control Act Of 1968, Aron J. Estaver

Vanderbilt Journal of Transnational Law

There is currently a split among U.S. Circuit Courts regarding 18 U.S.C. § 922(g)(1), a provision of the Gun Control Act of 1968 that makes it a crime for any individual "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to possess or receive a firearm in interstate or foreign commerce or affecting interstate commerce." The U.S. Supreme Court will examine the split later this year when it hears the case of United States v. Small. The Author argues that the Supreme Court should determine that Section 922(g)(1) of the …

The "Privilege Of Speech" In A "Pleasantly Authoritarian Country", Hans C. Clausen

Vanderbilt Journal of Transnational Law

Giving credence to Alexis de Tocqueville's argument that in democratic societies the love of equality is greater than the love of freedom is a recently emerging trend among Western nations to legally proscribe speech critical of homosexuality. Such laws, in various forms, now exist in a large and growing minority of countries in Europe and North America. The goal of these laws is much grander than preventing discrimination against homosexuals; rather, the objective is seemingly to promote the social acceptance of gay and lesbian lifestyles. These laws provide for civil remedies and in some instances even criminal sanctions for speech …

Constitutional Conversations And New Religious Movements: A Comparative Case Study, Leigh H. Greenhaw, Michael H. Koby

Vanderbilt Journal of Transnational Law

Using the metaphor of a constitutional conversation to compare the treatment of a relatively new and unpopular religion by the legal systems of the United States, Russia, and Spain, this Article examines the methodology by which laws affecting religion are made and enforced. It uses as a case study the interaction of the Jehovah's Witnesses with the legal system of the United States, comparing it with more recent interactions in Russia and Spain. The Authors argue that while the experience in the United States was profoundly influenced by a common-law methodology, the experience in two civil-law countries, Russia and Spain, …

Enlisting The U.S. Courts In A New Front, Debra M. Strauss

Vanderbilt Journal of Transnational Law

The time has come to extend the national approach that has been used successfully to dismantle the infrastructure of hate groups to the international realm against terrorist groups. The foundation of this approach is a private right to a cause of action apart from any military or diplomatic efforts by the government. In this Article, Professor Strauss analyzes case precedents under several federal statutes--the Antiterrorism Act of 1991, the Antiterrorism and Effective Death Penalty Act of 1996, the Torture Victim Protection Act, the Alien Tort Claim Act--as well as state common-law tort claims, including aiding and abetting liability. Professor Strauss …

Shifting Out Of Neutral: A New Approach To Global Road Safety, Kevin M. Mcdonald

Vanderbilt Journal of Transnational Law

On April 14, 2004, the United Nations dedicated "World Health Day" to improving global road safety. In explaining the need to focus the world's attention on road safety, Secretary General Kofi Annan declared that "World Health Day is an occasion for us to highlight the [road safety] problem and ... to underscore the fact [that crashes] are avoidable, they are not just accidents, they are human errors which [,] with proper governmental policy[,] can be dealt with." Just what the "proper governmental policy" should be, however, requires an understanding of the factors associated with vehicle crashes. After examining these factors, …

The Importation Of Sexism: A Cost-Benefit Approach To The U.S.-South Korea Friendship, Commerce And Navigation Treaty, Jennifer D. Fease

Vanderbilt Journal of Transnational Law

The U.S.-South Korea Friendship, Commerce and Navigation Treaty was entered into by the signatory countries following World War II and governs the actions of corporations operating in a foreign country. One provision of the Treaty allows foreign corporations in the United States to choose executives "of their choice," arguably without regard to the statutory protections that the United States affords in the hiring process. In this Note, the Author contends that the U.S.-South Korea Friendship, Commerce and Navigation Treaty results in discrimination against women in the United States because South Korean employers tend to choose South Korean men to fill …

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 …

Imaginatively Public: The English Experience Of Art As Heritage Property, Joseph L. Sax

Vanderbilt Journal of Transnational Law

England was once hugely prosperous and possessed an extraordinary share of the world's great art. In the years following the French Revolution, political turmoil in Europe brought a number of superb works of art on the market, and English collectors avidly bought them. Even earlier, young aristocrats returned to England from their grand tours with a keen appreciation of the aesthetic achievements of the continent and the means to acquire any works that pleased them.

With few exceptions, these treasures entered the collections of individuals as their private property. In its scope, this was a unique experience in privatization, unlike …

A Comparative Law Analysis Of The Retained Rights Of Artists, W W. Kowalski

Vanderbilt Journal of Transnational Law

This Article presents an analytical and theoretical discussion of how an artist's artwork should be treated once it enters the global marketplace. Considering only the visual arts, the answer is short and simple: this Author believes that all, or at least the better-known legal systems, uphold the rights granted to the artist when the work was created. Consequently, the artist retains some rights not only as the artist's intellectual property, but also in its tangible manifestation, for example, sculpture or painting--traditionally called corpus mechanicum--even though he does not own this particular sculpture or painting anymore. This, however, is only a …

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan

Vanderbilt Journal of Transnational Law

In this Article, the Author argues that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider--in addition to Japan and Germany, two countries that are often touted as exemplars--the case of India. India gained its independence from the British in 1947, and soon thereafter many U.S. experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of a national Indian …

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

Vanderbilt Journal of Transnational Law

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 of such a universal right to …

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 …

Tort Au Canadien: A Proposal For Canadian Tort Legislation On Gross Violations Of International Human Rights And Humanitarian Law, Caroline Davidson

Vanderbilt Journal of Transnational Law

Despite Canada's strong rhetoric on the protection of human rights, Canada lacks a meaningful tort scheme for gross human rights violations akin to that of the United States. This Article argues that legislation to facilitate tort suits for gross violations of international human rights and humanitarian law can be consistent with, and in fact supports, Canada's commitments to human rights, the rule of law and multilateralism. In particular, provincial tort legislation should be one of a panoply of mechanisms in place to punish and deter violations of international humanitarian and human rights law. This Article proposes the shape of the …

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 …

Strafford County 2004 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2004., 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.

Capacity Utiliz + Hick Adj, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (2005, April 14). Capacity utiliz and Hick adj [Handwritten notes]. Unpublished manuscript.

• Shaikh, A. (2002, September). Aanotes (File: cointusgdpkstock1jamee.wf1) [Typed notes]. Unpublished manuscript.

Ltv, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes.

• Syllabus for Eco. 308S: Labor theory of value: The classical labor theory of value, covering Smith and Ricardo, with handwritten notes on the scope of work and Ricardo’s necessity of price and money. (1974, Fall). [Course syllabus with handwritten notes]. Department of Economics, The New School for Social Research. (Anwar Shaikh, PhD, author and annotator).

• Syllabus for Eco. 308S: Value seminar: The classical labor theory of value, covering sections on Smith, Ricardo, and Marx on Smith and Ricardo. (1975, Fall). [Course syllabus]. Department of Economics, The New School for Social Research. (Anwar Shaikh, …

Towards The Development Of Peptide Nanfilaments And Nanoropes As Smart Materials, Daniel E. Wagner '02, Charles L. Phillips '01, Wasif M. Ali '99, Grant E. Nybakken '99, Emily D. Crawford '02, Walter Fox Smith, Robert Fairman

Biology Faculty Scholarship

Protein design studies using coiled coils have illustrated the potential of engineering simple peptides to self-associate into polymers and networks. Although basic aspects of self-assembly in protein systems have been demonstrated, it remains a major challenge to create materials whose large-scale structures are well determined from design of local protein–protein interactions. Here, we show the design and characterization of a helical peptide, which uses phased hydrophobic interactions to drive assembly into nanofilaments and fibrils (“nanoropes”). Using the hydrophobic effect to drive self-assembly circumvents problems of uncontrolled self-assembly seen in previous approaches that used electrostatics as a mode for self-assembly. The …

Serials Standards: Envisioning A Solution To The Online Serials Management Mess, Jennifer Duncan

Library Faculty & Staff Publications

Whereas the transmission of data relating to the initiation, renewal, or cancellation of serial subscriptions has developed into a robust and standardized system based on Electronic Data Exchange (EDI), the ability of serialists to effectively exchange and manipulate information pertaining to data about the specific content and access rights to the subscriptions at a given library has become increasingly problematic. The rapid development of local and vendor systems designed to handle subscription data has necessitated that this data be standardized for smooth exchange. Ted Fens' and Regina Reynolds' discussion of the standards work underway at NISO and EDltEUR. as well …

Marx On Free Trade, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Marx and free trade (2005-12-02, handwritten notes)

• Marx, K. (1921). Free trade. New York: Labor News Company (photocopy)

Right To Know: A Diet Of The Future Presently Upon Us, Jamie E. Jorg Spence

Valparaiso University Law Review

No abstract provided.

Insurgency In Iraq: An Historical Perspective, Ian F.W. Beckett Dr.

Books, Monographs & Collaborative Studies

The continuing proliferation of insurgent organizations suggests that insurgency is still widely perceived as an effective means either of achieving power and influence, or of bringing a cause to the notice of an international or national community. The end of European decolonization and the collapse of the Soviet Union together removed the motivational impulse for much conflict between the late 1940s and the late 1980s. However, new ideological, political, and commercial imperatives are now encouraging intrastate conflict and insurgency amid the breakdown of the international bipolar political system and the emergence of identity politics and of many more nonstate actors. …

The Impact Of Missile Threats On The Reliability Of U.S. Overseas Bases: A Framework For Analysis, Joel Wuthnow Mr.

Books, Monographs & Collaborative Studies

Although the United States will continue to utilize overseas military bases in the next decade, the acquisition and improvement of long-range missiles by several potential aggressors will pose new operational and strategic problems for U.S. forces. Several states will likely attain a credible capability to threaten U.S. bases within their respective regions, despite the sophistication of U.S. missile defenses. Strategically, there are uncertainties about whether the United States can deter some of these new missile-capable actors. Deterrence problems will create new risks to U.S. deployed forces: if deterrence fails, U.S. troops will be at a higher level of exposure. Alternately, …

Long-Term Consequences Of West Nile Virus In Virginia., Diana Cruz Ocampo

Theses and Dissertations

Objective: The purpose of this investigation was to describe the long-term effects and functional outcomes of patients in Virginia who were reported to the Virginia Department of Health with West Nile virus (WNV) non-neuroinvasive and neuroinvasive disease. The study identified the duration of symptoms after initial illness, the number of persons who fully recovered versus the number who continue to be symptomatic and how patients' quality of life differed after illness.Methods: The study population was drawn from 60 human cases that met the surveillance case definition for non-neuroinvasive and neuroinvasive WNV illness in Virginia between 2002-2004. Information was collected during …

Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero

Faculty Scholarship

Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its definition of the family, challenging the traditional notion that only civil unions between heterosexuals should be celebrated. But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, binational same-gender couples may not legally remain in the country together, even …

Do We Have Too Many Intellectual Property Rights?, Richard A. Posner

The Honorable Helen Wilson Nies Memorial Lecture

The Honorable Richard A. Posner discusses the dangers presented by the propertization of intellectual property rights, particularly in the areas of copyright and patent. Unlike physical property, intellectual property rights are limited by duration, scope, and allowance of fair use. These limitations underlie the existence of a rich public domain that encourages the most valuable uses of intellectual property by reducing transaction costs and encouraging the creation of additional creative works.