Digital Commons Network^™

Symposium, Ali V. Rumsfelt: Challenging The President’S Power To Interpret Customary International Law, Julian G. Ku

Hofstra Law Faculty Scholarship

Can a federal court override the executive branch's interpretation of customary international law? Ali v. Rumsfeld, the landmark lawsuit brought by the ACLU and Human Rights First against Donald Rumsfeld, squarely presents this important question, which has never been resolved by any court. In this symposium essay, I argue that a judicial determination of Rumsfeld's liability may require a federal court to override the executive branch's interpretation of CIL. Because the executive branch holds the primary responsibility for the interpretation of CIL on behalf of the United States, a judicial determination of Rumsfeld's liability could undermine the Constitution's allocation …

Standard Of Care For Residents And Other Medical School Graduates In Training, Joseph H. King

American University Law Review

No abstract provided.

Fairness Opinions, Steven M. Davidoff

American University Law Review

This Article re-examines the fairness opinion, as well as its role and necessity in corporate control transactions. This Article argues that today's fairness opinion regime is deeply flawed and, as a consequence, a fairness opinion has little meaning. The reasons are primarily this: the financial analyses underlying fairness opinions, as currently prepared by investment banks, are prone to excessive subjectivity and are frequently the product of valuation techniques that are not in accord with best practices. These defects are exacerbated by the recurring problem of these same investment banks who are conflicted in their provision of these opinions. Meanwhile, SEC …

Restoring Trust In Corporate Directors: The Disney Standard And The New Good Faith, Sarah Helene Duggin, Robert M. Goldman

American University Law Review

The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court’s use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …

Separate But Taxed: A Rejection Of The Steamlined Sales Tax Project Through A Commerce Clause And Federalist Analysis, Gregory R. Evans

American University Law Review

Sales and use taxes, which are levied by forty-five states, have long been an important source of revenue for state and local governments. The rigid structure of these long-standing taxes, however, has been strained by the rapid evolution of the online economy. As a result, the Multistate Tax Commission (“MTC”) devised a plan, the Streamlined State Sales Tax Project (“STP”), to recapture some of the revenue that state and local governments might otherwise lose as consumer purchases migrate from local retailers to online sellers. This plan, approved reciprocally by the states, but not by Congress, was designed by state legislators …

Corporate Governance And The Independence Myth, Harvey Gelb

Wyoming Law Review

No abstract provided.

Director Oversight And Monitoring: The Standard Of Care And The Standard Of Liability Post-Enron, Regina F. Burch

Wyoming Law Review

No abstract provided.

Exploring The Evolution Of Drug Endangered Children's Movement And Drug Courts, Holly Elizabeth Hopper

North Dakota Law Review

No abstract provided.

Parenting And Peer-Group Behavior In Cultural Context, David A. Nelson, Larry J. Nelson, Criag H. Hart, Chongming Yang, Shenghua Jin

Faculty Publications

Whether specific patterns of parenting are similarly associated with child peer group behavior in diverse cultural contexts has been a fascinating topic of inquiry. From classic anthropological studies dating back to the early twentieth century to the current interest in cross-cultural studies, knowledge concerning the question of universality and cultural variation in parenting linkages to childhood adjustment has expanded at an unprecedented rate (e.g., Harkness & Super, 2002). As the general field of parenting research has uncovered distinctions in parenting styles and practices (e.g., Darling & Steinberg, 1993; hart, Newell, & Olsen, 2003), these concepts have increasingly been applied to …

The Flame, Winter 2005-2006, Mennonite College Of Nursing

The Flame (1985-present)

The Flame is a newsletter of Illinois State University's Mennonite College of Nursing

Table Of Contents

Computer Law Review and Technology Journal

No abstract provided.

Employees' Use Of Employer Computers To Communicate With Their Own Attorneys And The Attorney-Client Privilege, John Gergacz

Computer Law Review and Technology Journal

This article will analyze the balance between privilege and confidentiality in the electronic age. Three scenarios will be discussed: first, whether the mere use of employer-technology affects the employee's privilege claim; second, how an employer's no-personal-use policy may defeat an employee's confidentiality expectation and undermine the privilege claim; and third, whether encrypting those messages nullifies the effect of the employer's policy.

Defining Abusive Software To Protect Computer Users From The Threat Of Spyware, Chad A. Kirby

Computer Law Review and Technology Journal

"Spyware" has become a major problem for computer users over the past few years. In response, quite a few states have enacted statutes intended to control the problem. But most of the existing legislation has taken the wrong approach to the problem of defining spyware. Generally speaking, most legislative definitions of spyware either have been too technology-specific to adapt to future developments, or have swept too broadly. Additionally, many legislative definitions of spyware have focused too little on protecting consumers. This article argues that any effective regulatory definition must have three characteristics: 1) it must protect the user's control over …

The World Summit On The Information Society And The Future Of Internet Governance, Travis D. Shahan

Computer Law Review and Technology Journal

The final meeting of the World Summit on the Information Society (WSIS), which concluded in November 2005, was built up to be a showdown over the future of Internet governance. When the dust cleared, the issue of Internet governance was still far from settled. For the most part, the delegates to the WSIS agreed to maintain the status quo for the time being, but they also agreed to a mechanism for continuing the Internet governance debate in the future. This paper will analyze the most notable agreements of the WSIS and their effects on the future of Internet governance.

Reconsidering Public Relations’ Infatuation With Dialogue: Why Engagement And Reconciliation Can Be More Ethical Than Symmetry And Reciprocity, Kevin L. Stoker, Kati Tusinski Berg

College of Communication Faculty Research and Publications

Advocates of dialogic communication have promoted two-way symmetrical communication as the most effective and ethical model for public relations. This article uses John Durham Peters’s critique of dialogic communication to reconsider this infatuation with dialogue. In this article, we argue that dialogue’s potential for selectivity and tyranny poses moral problems for public relations. Dialogue’s emphasis on reciprocal communication also saddles public relations with ethically questionable quid pro quo relationships. We contend that dissemination can be more just than dialogue because it demands more integrity of the source and recognizes the freedom and individuality of the source. The type of communication, …

Stories Of Community: The First Ten Years Of Nike Women's Advertising, Jean M. Grow

College of Communication Faculty Research and Publications

This semiotic analysis of early Nike women's advertising explores the evolution of the women's brand from its launch in 1990 through 2000, and includes twenty-seven print campaigns. The semiotic analysis is enhanced by in-depth interviews of the creative team. The study is framed by a single research question. What symbolically ties these ten years of advertising into a cohesive whole and how? Ultimately, three distinct mediated communities emerge. The story behind these communities, expressed semiotically and orally, suggests that the power of this advertising lies in its mediated construction of community life. The resonance of these ads is rooted in …

The Demise Of Native American Mascots: It's Time To Do The Right Thing, Joyce M. Wolburg

College of Communication Faculty Research and Publications

Purpose – The intent of this article is to show why the use of Native American mascots, logos, and nicknames by sports teams perpetuates depictions that are perceived as harmful and racist by Native Americans.

Design/methodology/approach – This article examines data from published research, personal correspondence, and essays by Native Americans so that non-natives can understand the issue from the native perspective. It also calls into question previous communication efforts that may have limited the voices of Native Americans.

Findings – By examining the meaning of warriors and other cultural symbols for Native Americans and by exploring the different views …

College Students’ Responses To Antismoking Messages: Denial, Defiance, And Other Boomerang Effects, Joyce M. Wolburg

College of Communication Faculty Research and Publications

Despite the success of antismoking campaigns that aim to prevent young teens from smoking, this qualitative study provides strong evidence that different initiatives are needed for college students, particularly those who already smoke. When asked for responses to current antismoking messages, nonsmokers generally championed the cause; however, smokers often responded with anger, defiance, denial, and other negative responses. Consumers who respond in this manner are not well served by existing strategies, and money used for such campaigns could be better spent. New strategies are offered in hopes that antismoking campaigns can communicate more effectively with one high-risk group—college student smokers.

A Non-Isotropic Model For Mobile-To-Mobile Fading Channel Simulations, Y. Rosa Zheng

Electrical and Computer Engineering Faculty Research & Creative Works

Accurate modeling of the mobile-to-mobile fading channel is critical not only to physical layer transceiver design but also to the design and performance of link and network layers. A two-dimensional nonisotropic scattering model is developed in this paper, which adopts the von Mises probability density function for the angle of departure surrounding the transmitter and the angle of arrival surrounding the receiver. This model includes the isotropic scattering channel and the base-to-mobile channel as special cases. An efficient computer simulation model is also developed to generate the non-isotropic scattering channel impulse responses. Statistical properties of the non-isotropic mobile-to-mobile channels are …

Religion As A Moderator In The Relationship Between Perfectionism, Locus Of Control, And Eating Disorders, Caitlin G. Schultz

Theses and Dissertations

No abstract provided.

A Bandwidth Efficient Modified Block Coded Modulation Technique, Matthew John Mueller

Theses and Dissertations

No abstract provided.

Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

2006 Aasu Volleyball Guide, Armstrong State University

Armstrong Athletics: Women's Volleyball Records (Archived)

No abstract provided.

A Tale Of Two Alabamas Book Review, Susan Pace Hamill

Essays, Reviews, and Shorter Works

No abstract provided.

2006-2007 Graduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Graduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

Undergraduate And Graduate Catalog [2005-2006], Georgia Southern University

Undergraduate & Graduate Catalogs

No abstract provided.

2006 - 2007 Undergraduate Catalog, Armstrong Atlantic State University

Armstrong Office of the Registrar: Undergraduate Catalogs (Archived)

Academic catalog for Armstrong Atlantic State University.

Sexually Dimorphic Social Development And Female Intrasexual Chemical Signaling Of African Elephants (Loxodonta Africana), Jordana M. Meyer

College of Graduate Studies: Theses & Dissertations

Author's abstract: African elephants are a polygynous species in which males and females carry out dimorphic lifestyles. Males search and compete for reproductively active females, while females care for offspring and facilitate group cohesion. The objectives of this study was a) to compare the development of sexually dimorphic behaviors and developmental trends between young male and female wild African elephants and b) to determine the ability of captive female African elephants to discern between the follicular and luteal phase of conspecifics through trunk-tip contacts and the investigation of urine, and whether the reproductive phase of the receiver affected the response …

Stitched From The Soul: An Auto/Biographical Inquiry Into One Black Woman Administrator's Voice And Vision, Sonya D. Jefferson

College of Graduate Studies: Theses & Dissertations

Author's abstract: This study is an auto/biographical inquiry into my voice and vision as a Black woman administrator. I explore the lives of four generations of Black women in my family. Each of these women -- Hattie C. Wilcher (my great grandmother), Connie W. Duggan (my mother), Danielle R. Lowe (my daughter), and I -- have studied and/or taught in public schools in the U. S. south. I explore how my family narrative parallels community and historical narratives and contests the meta narrative in existing literature. I explore these narratives through the lenses of Critical Race Theory and Black Feminist …

Surveillance And Comparison Of Anaplasma Phagoctyophilum (Formerly Erlichia Equi) Within Ixodes Scapularis Ticks In Selected Southeastern States, Dawn Marie Roellig

College of Graduate Studies: Theses & Dissertations

Anaplasma phagocytophilum is an obligate intracellular bacterium that can infect and cause disease in horses, Equine Granuloctic Anaplasmosis. The bacterium is present in the western and northeastern United States, Europe, and Asia. In this investigation, samples of Ixodes scapularis were collected from selected barrier islands and mainland sites where feral and domestic equine populations are present, respectively. Each sample was individually screened using nested PCR to amplify a fragment of the ank and 16S rRNA genes. The prevalence of A. phagocytophilum in I. scapularis ticks was 20% (n=808). The highest infection rate was seen at a barrier island site (22%, …