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Business Services Newsletter, V1 N3, Kennesaw State University

Business Services Newsletters

August 2006 issue of the Business Services Newsletter.

The Effect Of Local Life Circumstances On Female Probationers' Offending, Marie L. Griffin, Gaylene Armstrong

Criminology and Criminal Justice Faculty Publications

This article examines the influence of change in local life circumstances on the short-term criminal behavior of female drug-abusing probationers. Using a binomial hierarchical generalized linear model, we examine the probability that certain “discrete life events” act to modify or change criminal behavior in the short term. The findings indicate that participants' involvement in conventional activities results in the decreased likelihood of engaging in nondrug crimes but an increased likelihood of drug dealing. Faced with this contradiction, we suggest that the dynamics of offending are altered by the nature of the criminal activity itself and the way in which gender …

Saint John The Evangelist Church Sunday Bulletin, August 20, 2006

Saint John the Evangelist Church Sunday Bulletin

A newsletter published for Deaf Catholics in Green Bay, WI

Saint John the Evangelist Church Sunday Bulletin Finding Aid

Protecting Rights Or Waiving Them? Why 'Negotiated Risk' Should Be Removed From Assisted Living Law, Eric M. Carlson

ExpressO

Assisted living facilities claim that negotiated risk agreements give residents the freedom to act against facility advice. On the contrary, negotiated risk was proposed originally to waive a facility’s liability for inadequate care, and liability waiver remains a significant component of negotiated risk.

This Article offers the first detailed legal analysis of state negotiated risk laws. Due to negotiated risk’s dueling definitions – based either on the against-facility-advice scenario or the inadequate care scenario – state law is marked by ambiguity and inconsistency. Currently, fifteen states address negotiated risk in law, and an additional state has developed a standardized negotiated …

No Due Process: How The Death Penalty Violates The Constitutional Rights Of The Family Members Of Death Row Prisoners, Rachel C. King

ExpressO

The article makes the case for a novel theory that the death penalty violates the constitutional rights of the family members of death row prisoners. First, the article establishes that Americans are entitled to a fundamental “right to family,” based on a long history of Supreme Court jurisprudence that has established substantive due process rights such as the right to marry, to use contraceptives, to have children, to make educational decisions for children, and decisions about how to configure ones’ household. Next, the article makes the case that the death penalty interferes with the constitutional right to family by harming …

Reassessing Damages In Securities Fraud Class Actions, Elizabeth C. Burch

ExpressO

No coherent doctrinal statement exists for calculating open-market damages for securities fraud class actions. Instead, courts have tried in vain to fashion common-law deceit and misrepresentation remedies to fit open-market fraud. The result is a relatively ineffective system with a hallmark feature: unpredictable damage awards. This poses a significant fraud deterrence problem from both a practical and a theoretical standpoint.

In 2005, the Supreme Court had the opportunity to clarify open-market damage principles and to facilitate earlier dismissal of cases without compensable economic losses. Instead, in Dura Pharmaceuticals v. Broudo, it further confused the damage issue by (1) perpetuating the …

Technoconsen(T)Sus, Andrea M. Matwyshyn

ExpressO

Law is contributing to an information security paradox. Consumers are regularly “consenting” to the installation of computer code that makes them more vulnerable to harms such as identity theft. In particular, digital rights management technology accompanying digital music has recently left a wake of compromised user machines. Using the case study of security-invasive digital rights management technology, this article argues that a fundamental tension exists among intellectual property law, computer intrusion law and contract law regarding meaningful consumer consent in digital contexts. This article proposes to ease the noise in consent doctrine through creating an objective “reasonable digital consumer” standard …

August 19, 2006 (Pages 4587-4698), Pennsylvania Legislative Reference Bureau

Volume 36 (2006)

No abstract provided.

Murray Ledger And Times, August 19, 2006, Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Commercial Law In The Cracks Of Judicial Federalism, Donald J. Smythe

ExpressO

Almost seventy years after the Supreme Court sought to rationalize the American system of judicial federalism in Erie, sales law remains trapped in a pattern more reminiscent of the Swift v. Tyson era. The extraordinarily wide separation of powers in the NCCUSL-ALI uniform law-making process has entrenched Article 2 of the UCC in the status quo. Concurrently, an imbalance between the federal and state courts in the American system of judicial federalism has conferred an unusually wide range of discretion over state commercial law on the federal courts. Ironically, therefore, state sales statutes are being reinterpreted and revised by the …

The Capabilities Approach As A Solution To The Need For A More Encompassing Definition Of Poverty, Sarah L. Harrington

ExpressO

This Comment addresses the historical and present manifestations that result from the lack of values reflected in the federal poverty line. An alternative to this measure may be based on the capabilities approach. This approach looks further than simply the means to equality, and instead focuses on the ends--that is achieving well-being, and the freedom to pursue well-being. The capabilities approach is further described through an example of an effort to operationalize the theory by the United National Development Programme. Ultimately, this Comment proposes that renewed attention be focused on reforming the federal poverty line in light of the philosophical …

Standing For Extraterritoriality: Defining The Empagran Exception, Max Huffman

ExpressO

Efforts by private plaintiffs to enforce the U.S. antitrust laws extraterritorially have become an enormous industry. A reflection of the challenges facing federal courts in this global age, F. Hoffman-LaRoche Ltd. v. Empagran S.A. (Empagran) held the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) precluded the assertion by U.S. courts of jurisdiction over claims by foreign plaintiffs alleging harm felt in wholly foreign commerce.

Empagran left an exception that undermines its general rule. Plaintiffs able sufficiently to show “the anticompetitive conduct’s domestic effects were linked to their foreign harm” are excepted from the preclusion. This is the “Empagran exception.” …

The Pocahontas Exception: The Exemption Of American Indian Ancestry From Racial Purity Law, Kevin Noble Maillard

ExpressO

“The Pocahontas Exception” confronts the legal existence and cultural fascination with the eponymous “Indian Grandmother.” Laws existed in many states that prohibited marriage between whites and nonwhites to prevent the “quagmire of mongrelization.” Yet, this racial protectionism, as ingrained in law, blatantly exempted Indian blood from the threat to white racial purity. In Virginia, the Racial Integrity Act of 1924 made exceptions for whites of mixed descent who proudly claimed Native American ancestry from Pocahontas. This paper questions the juridical exceptions made for Native American ancestry in antimiscegenation statues, and analyzes the concomitant exemptions in contemporary social practice. With increasing …

08/18/2006 Obituary Records, Hawaii Obituaries

Obituaries

List of Obituaries for individuals who passed away on 08/18/2006. Scroll down to see the names and obituary description.

Jenkins V. Comm Social Security

2006 Decisions

USDC for the District of New Jersey

Prospectus, August 18, 2006, Robert J. Exley, Aaron Geiger, John Eby

Prospectus 2006

No abstract provided.

Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose important …

We Are...Marshall, August 18, 2006, Office Of Marshall University Communications

We Are ... Marshall: the Newsletter for Marshall University 1999-2023

No abstract provided.

Perez Inaugurated In Peru, Ladb Staff

NotiSur

No abstract provided.

Noble V. Kootenai County Clerk's Record V. 1 Dckt. 35201

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Utb-Tsc Academic Senate Minutes 2006-08-18, University Of Texas At Brownsville And Texas Southmost College. Faculty Senate.

UTB/TSC Faculty Senate Minutes

No abstract provided.

Justice On The Job: Perspectives On The Erosion Of Collective Bargaining In The United States, Richard N. Block Editor, Sheldon Friedman Editor, Michelle Kaminski Editor, Andy Levin Editor

Upjohn Press

This volume presents an influential group of researchers who examine the current state of workers’ freedom to form unions and bargain collectively. All of the researchers present empirical evidence to support their innovative ideas for advancing workers' rights.

The Bg News August 18, 2006, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. August 18, 2006. Volume 97-Issue 1.

Kir/Hla Pleiotropism: Protection Against Both Hiv And Opportunistic Infections, Ying Qi, Maureen P. Martin, Xiaojiang Gao, Lisa Jacobson, James J. Goedert, Susan Buchbinder, Gregory D. Kirk, Stephen J. O'Brien, John Trowsdale, Mary Carrington

Biology Faculty Articles

The compound genotype KIR3DS1/HLA-B Bw4-80I, which presumably favors natural killer cell activation, has been implicated in protection against HIV disease. We show that this genotype confers dual protection over the course of HIV disease; early direct containment of HIV viral load, and late specific defense against opportunistic infections, but not AIDS-related malignancies. The double protection of KIR3DS1/Bw4-80I in an etiologically complex disease such as AIDS, along with the disease specificity of its effects is conceptually novel and underscores the intricacy of host immunogenetics against HIV/AIDS.

Perchlorate And Nitrate Remediation Efficiency And Microbial Diversity In A Containerized Wetland Bioreactor, Paula Krauter, Bill Daily Jr., Valerie Dibley, Holly Pinkart, Tina Legler

All Faculty Scholarship for the College of the Sciences

We have developed a method to remove perchlorate (14–27 μg/L) and nitrate (48 mg/L) from contaminated groundwater using a wetland bioreactor. The bioreactor has operated continuously in a remote field location for more than 2 yr with a stable ecosystem of indigenous organisms. This study assesses the bioreactor for long-term perchlorate and nitrate remediation by evaluating influent and effluent groundwater for oxidation-reduction conditions and nitrate and perchlorate concentrations. Total community DNA was extracted and purified from 10-g sediment samples retrieved from vertical coring of the bioreactor during winter. Analysis by denaturing gradient gel electrophoresis of short, 16S rDNA, polymerase-chain-reaction products …

Listen To Louisiana Gov. Blanco Address, University Relations

Campus News Archive

The Honorable Kathleen Babineaux Blanco, governor of Louisiana, gave the Opening Convocation for students participating in the 2006 First Year Seminar at the University of Minnesota, Morris Tues., Sept. 5.

Murray Ledger And Times, August 18, 2006, Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.

Prediction Markets For Corporate Governance, Michael Abramowicz, Todd Henderson

ExpressO

Building on the success of prediction markets at forecasting political elections and other matters of public interest, firms have made increasing use of prediction markets to help make business decisions. This Article explores the implications of prediction markets for corporate governance. Prediction markets can increase the flow of information, encourage truth telling by internal and external firm monitors, and create incentives for agents to act in the interest of their principals. The markets can thus serve as potentially efficient alternatives to other approaches to providing information, such as the Sarbanes-Oxley Act’s internal controls provisions. Prediction markets can also produce an …

A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendents, S. Alan Ray

ExpressO

The Cherokee Nation today faces the challenge of determining its citizenship criteria in the context of race. The article focuses on the Cherokee Freedmen. As former slaves of Cherokee citizens, the Freedmen were adopted into the Cherokee Nation after the Civil War pursuant to a treaty with the United States, and given unqualified rights of citizenship. The incorporation of the Freedmen into the tribe was resisted from the start, and now, faced with a decision of the Cherokee Nation’s highest court affirming the descendents’ citizenship rights, the Nation prepares to vote on a constitutional amendment which would impose an Indian …

Revitalizing Our Urban Core Without Marginalizing Our Core People: Closing Tax Credit Loopholes For The Wealthy While Generating Ethnic Entrepreneurial Self Help Alternatives To Subsidized Gentrification, Roger M. Groves

ExpressO

This article provides the most comprehensive analysis to date of the New Markets Tax Credits program established by Congress. The purpose of the NMTCs is to use tax credits as incentives for investors to provide equity funds into low income areas. The article reveals that over $2 billion of federal tax subsidies that have been allocated to gentrified projects for the wealthy, rather than the intended beneficiaries – low income residents in the urban core – as Congress intended. The article proposes amendments to the statute and regulations to close unintended loopholes.

The article also creates a model for a …