Digital Commons Network^™

Gender Mainstreaming In International Trade: Catalyst For Economic Development And Political Stability, Constance Z. Wagner

All Faculty Scholarship

This paper examines the role of gender mainstreaming in international trade policy and law upon the tenth anniversary of the Beijing Declaration and Platform for Action (“Beijing Declaration”) and the World Trade Organization (“WTO”). The author notes that these two topics have not been successfully integrated but will need to be if globalization is to proceed in a meaningful, positive way. After tracing the historical development of gender mainstreaming at the international level through the Beijing Declaration, the author outlines the manner in which various intergovernmental organizations within the United Nations system have implemented its mandate. However, gender mainstreaming is …

Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman

All Faculty Scholarship

Professor Williams moderates a panel discussion of the Kyoto Protocol and potential solutions to climate change. Other participants include Anita Halvorssen, J. Kevin Healy, William Pizer, and Jacob Werksman.

Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers

All Faculty Scholarship

This Article focuses on why information markets have covered certain subject areas, sometimes of minor importance, while neglecting other subject areas of greater significance. To put it another way, why do information markets exist to predict the outcome of the papal conclave and the Michael Jackson trial, but no information markets exist to predict government policy conclusions, Supreme Court decisions, or the rulings in Delaware corporate law cases? Arguably, from either a dollar value or a social utility perspective, these areas of law and business would be more important than the outcome of, say, the Jackson trial. Why, then, do …

Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry

All Faculty Scholarship

Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.

I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …

The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick

All Faculty Scholarship

This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …

Radon In Caves: Clinical Aspects, Stephen A. Craven, Berend J. Smit

International Journal of Speleology

Historical, experimental and clinical evidence is presented to suggest that radon constitutes a relatively small carcinogenic risk for casual visitors to caves. The risk is dependent on radon levels and the smoking of tobacco. Show cave guides, chronically exposed to radon, may be at increased risk for lung cancer due to the effects of radon, especially if they are smokers of tobacco.

What Is Rehnquist Federalism?, Marci A. Hamilton

Articles

No abstract provided.

Iowa’S Special Education Mediators: Potted Plants Negotiating For A Place In The Sunlight, A Qualitative Examination Of Personal Philosophy And Perceived Power, Amber Elizabeth Benedict

Dissertations and Theses @ UNI

On November 19, 2004 the Individuals with Disabilities Education Act (IDEA) was reauthorized by the American government. Within the reauthorization, IDEA now includes provisions [20 USC§ 1415 (d-e)] requiring mediation as an alternative to due process litigation. Prior to filing for a due process hearing, parents of children with specific disabilities must consider mediation as an option for resolving disputes concerning a child's special education program. Although mediation has been heralded as a successful dispute resolution tool, little is known about the process preferences or role of the mediator. An understanding of the philosophies and approaches of mediators may assist …

Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City’S Housing Court, Paris R. Baldacci

Articles

No abstract provided.

Radical Integration, Michelle Adams

Articles

"Radical Integration" explores the two primary theoretical frameworks for achieving black liberation: the integration approach (which can be understood as assimilationist) and the identity-based, community-centered approach (which can be understood as isolationist). I argue that neither framework, by itself, is enough to ensure the achievement of true black liberation. I extract key elements of each approach and harmonize them to envision an entirely new framework. This framework, "radical integration," refocuses on the impact of racial segregation on the black community and simultaneously recognizes the need to address concerns about black identity and black authenticity in an integrated environment.

Martha Louisa Cocke, Beth S. Harris

Articles about Hollins and Special Collections

Article about Martha L. Cocke ("Miss Matty"), second president of Hollins University, alumna, faculty member, and daughter of Charles Lewis Cocke, founder of Hollins. As published in the Dictionary of Virginia Biography.

Contextual Learning Vs. Standardized Testing : And The Winner Is ... ?, Lorinda Leedom

Graduate Research Papers

Our educational system is currently in the grips of No Child Left Behind and the stress of proving students' abilities via mandated standardized tests. This stress is changing teachers' focus from providing a contextual learning environment for students to passing tests. Six struggling middle school students participated in a summer program where contextual learning and frequent standardized assessment existed together. Through this program, the students' needs were met and data was provided that demonstrated educational gains. This data suggests that authentic real world experiences do not need to be omitted from the curriculum in order to provide measurable results on …

Quality Communication With Parents, Michelle Meier

Graduate Research Papers

This literature review looks at quality communication between the parents of children with special needs and school personnel. Advantages and problems with communication will be discussed. Also, discussions will focus on the use of communication between educators and parents of children with special needs over the past five decades. The influence of public laws on communication between these groups will be examined.

In addition, the advantages and problems involved in this communication will be drawn from the literature and guidelines will be identified that are needed for effective communication between educators and parents of children with special needs. Lastly, conclusions …

Sending Children Who Are Medically Fragile To School, Aulanda L. Zenner

Graduate Research Papers

This study examined the decisions to send children who are medically fragile to school-based programming. A case study including parent interviews, as well as pediatrician surveys regarding the education of children who are medically fragile. Benefits, as well as problems, were discussed and were associated with children who are medically fragile attending school. Guidelines were presented for decisions to send children who are medically fragile to school. Also, conclusions were drawn from the literature and recommendations were made for the future of schooling for children who are medically fragile.

Narrative Therapy Treatment For Adolescents With Drug Abuse, Julie F. Stevens

Graduate Research Papers

Counseling adolescents can be challenging and hard work. Counseling adolescents trying to conquer their substance abuse can be even more difficult. The goal in counseling teens with substance abuse is to assist the adolescent to stop drug use and to help the teen choose positive life choices. Narrative therapists use techniques found to be helpful in counseling teens with substance abuse. This paper will define Narrative therapy, discuss some techniques, and examine its effectiveness in treatment of drug abuse in adolescents.

Problem Based Learning, Susan Tebbe

Graduate Research Papers

The No Child Left Behind legislation brought about a flurry of conversations regarding student achievement (McElroy, 2006). Increased use of standardized testing to measure student achievement has resulted in a discussion of teaching models. Is the transmission teaching model with its expository style the only mode to insure student success? Or is the constructivist teaching model with its inquiry style a mode that better leads to student success? This review of literature examines the instructional practices involved in problem based learning, a constructivist approach. The paper focuses on the components of problem-based learning, the benefits and challenges of using this.approach, …

Teacher Autonomy : A Review Of The Research Literature, Jaime A. Usma-Wilches

Graduate Research Papers

This paper reviews conceptual and empirical research on teacher autonomy in the context of school reform across countries. Research shows that teacher autonomy can be conceptualized as a personal sense of freedom from interference or in terms of teachers' exercise of control in four different school domains: Teaching and assessment, curriculum development, school functioning, and professional development. Research also confirms that teachers' autonomy for decision making is shaped by a number of personal and contextual factors, and that teachers' directed professional development experiences may enhance their autonomy. This review clarifies the meaning of teacher autonomy and other related terms, and …

Observed Web Robot Behavior On Decaying Web Subsites, Joan A. Smith, Frank Mccown, Michael L. Nelson

Computer Science Faculty Publications

We describe the observed crawling patterns of various search engines (including Google, Yahoo and MSN) as they traverse a series of web subsites whose contents decay at predetermined rates. We plot the progress of the crawlers through the subsites, and their behaviors regarding the various file types included in the web subsites. We chose decaying subsites because we were originally interested in tracking the implication of using search engine caches for digital preservation. However, some of the crawling behaviors themselves proved to be interesting and have implications on using a search engine as an interface to a digital library.

Splai: Computational Finite Element Model For Sensor Networks, Ruzana Ishak, Shadaruddin Salleh, Stephan Olariu, Mohd.Ismail Abdul Aziz

Computer Science Faculty Publications

Wireless sensor network refers to a group of sensors, linked by a wireless medium to perform distributed sensing task. The primary interest is their capability in monitoring the physical environment through the deployment of numerous tiny, intelligent, wireless networked sensor nodes. Our interest consists of a sensor network, which includes a few specialized nodes called processing elements that can perform some limited computational capabilities. In this paper, we propose a model called SPLAI that allows the network to compute a finite element problem where the processing elements are modeled as the nodes in the linear triangular approximation problem. Our model …

An Appellate Mechanism For Review Of Arbitral Decisions In Investor-State Disputes, David A. Gantz

Vanderbilt Journal of Transnational Law

At a time when complaints and decisions in investor-state arbitration are proliferating as never before, concerns are being raised by the U.S. Congress, NGOs and some foreign governments over the lack of consistency (or serious errors) among the decisions that emanate from the largely ad hoc arbitral panels that are created under the provisions of bilateral investment treaties and the investment provisions of free trade agreements, such as NAFTA, Chapter 11. As a result, it is suggested that an appellate mechanism, perhaps patterned after the generally successful Appellate Body of the World Trade Organization, be created, possibly under the auspices …

Courts Of Limited Jurisdiction In A Post-Transition Cuba, Matias F. Travieso-Diaz, Armando A. Musa

Vanderbilt Journal of Transnational Law

Cuba's eventual transition to a free-market society will likely be accompanied by a flood of litigation in areas such as property rights, privatization of state-owned enterprises, and human rights violation claims. Courts of limited jurisdiction should be established to hear these specialized matters and alleviate the burden on regular courts. As the transition unfolds, there will also be a need to create specialized tribunals to handle disputes in areas such as taxation, bankrtupcy, and intellectual property. The creation of the various courts of limited jurisdiction will have to be supported by creative strategies for retraining existing judges, training new ones, …

Doctrines Without Borders: Territorial Jurisdiction And The Force Of International Law In The Wake Of Rasul V. Bush, Brennan T. Brooks

Vanderbilt Journal of Transnational Law

Following the attacks of September 11, 2001, the United States responded with military action aimed at eradicating terrorist networks around the world. The action in Afghanistan resulted in several hundred captured enemy combatants being sent to the U.S. naval base at Guantanamo Bay, Cuba. Because the base is not within the territory of the United States, the Bush administration took the position that the detainees could be held indefinitely without review in civilian courts. In a surprising move, the U.S. Supreme Court held that the detainees did have a right to petition civilian courts for habeas corpus review. Thus, the …

Moral Rights Protection In The United States And The Effect Of The Family Entertainment And Copyright Act Of 2005 On U.S. International Obligations, Brandi L. Holland

Vanderbilt Journal of Transnational Law

Alteration of a motion picture has become legal as a result of the Family Movie Act, an attachment to the Family Entertainment and Copyright Act approved by Congress and signed by the President in early-2005. The "family movie" provision, championed by U.S. Representative Lamar Smith, Chairman of the House Judiciary Committee's Internet and Intellectual Property Subcommittee, indemnifies any company that makes filtered versions of movies without authorization from the copyright owners. Proponents claim the bill is a way to put content-filtering back into the hands of individual families, while critics claim their copyrights are violated whenever a company redistributes their …

A Tale Of Two Countries: Parallel Visions For Informed Consent In The United States And The United Kingdom, Ben Sones

Vanderbilt Journal of Transnational Law

In recent years, the proper role of informed consent doctrine in an environment of healthcare cost containment has been a hotly contested legal and policy issue. The purpose of this Note is to probe the current informed consent debate in the United States and the United Kingdom and to draw out the respective roles informed consent ought to play in those two systems. In doing so, this Note draws on the history of the doctrine and several recent scholarly proposals, and offers a modest proposal synthesizing the best aspects of those proposals.

Who's Afraid Of The Big Bad Wolf? The International Criminal Court As A Weapon Of Asymmetric Warfare, W. C. Austin

Vanderbilt Journal of Transnational Law

The United States is engaged in a war on terror against enemies who wage "asymmetric war" through terrorism, media manipulation, and "law-fare"---exploiting judicial processes to achieve political or military objectives.

This Article explores whether the fledgling International Criminal Court (ICC) could eventually be exploited by these groups as a tool of asymmetric "law-fare." It briefly traces the history of the ICC and recounts why the United States opposes the Court. Examining the methods of asymmetric war, the Authors then explore whether the ICC could be exploited by future asymmetric warriors.

The Authors describe three asymmetric methods that could be used …

Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell

Vanderbilt Journal of Transnational Law

Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement--the right to the city--suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city--the social function of property and the social function of the city--to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these principles within constitutional and statutory provisions and employing …

Criminalizing Marital Rape: A Comparison Of Judicial And Legislative Approaches, Theresa Fus

Vanderbilt Journal of Transnational Law

Even though many countries still permit husbands to rape their wives with little or no consequence, there is a growing trend that marital exemption is unjust and has no place in a civilized society. Recognition of the inappropriateness of marital exemption is, however, only the first step towards its elimination. To effectively equalize treatment of marital and non-marital rape, legislatures and judiciaries must take action. Several countries have already been host to the abolition of marital immunity, but their approaches may not be the most effective. This Note examines the experiences of England and Canada as examples of judicial and …

From The Oau To The Au: A Normative Shift With Implications For Peacekeeping And Conflict Management, Or Just A Name Change?, Jonathan D. Rechner

Vanderbilt Journal of Transnational Law

Many of the nations of Africa have struggled with violence since their independence from colonial powers. The formation of an intercontinental body, the Organization for African Unity, did little to reduce the number or severity of the conflicts. The failure of this organization to maintain peace was due in large part to normative boundaries that prevented its involvement in the internal conflicts of its member nations. The Organization of African Unity was dissolved in favor of a new organization, the African Union, in 2001. The mandate of the African Union is much more proactive than that of its predecessor with …

Competing Claims: The Struggle For Title In Nicaragua, Michael Roche

Vanderbilt Journal of Transnational Law

Nicaragua's Sandinista Revolution of the 1980s left the country's property scheme in a state of disarray. For eleven years, the leftist Sandinista government instituted mass land confiscations and agrarian reform that caused many individuals to lose their property and flee the country. The transition to democracy begun in 1990 has been a difficult process for the country's new presidents who have been forced to reconcile competing claims and fight corruption from within their own ranks. In this Note, the Author examines the property legacy created by the Sandinista Revolution. With another round of presidential elections scheduled for November 2006, the …

Motion Picture Piracy: Controlling The Seemingly Endless Supply Of Counterfeit Optical Discs In Taiwan, Stephen K. Shiu

Vanderbilt Journal of Transnational Law

Annually, Hollywood loses roughly $3.5 billion dollars in revenue to optical disc piracy in Taiwan. Optical disc piracy involves the camcording or copying of motion pictures onto laserdiscs, digital versatile discs, or video compact discs. Through the U.S. Trade Representative's satellite enforcement offices in Taiwan and coordination with the Taiwanese legislature and enforcement agencies, the U.S. motion picture companies have been able to influence some change in the frequency and severity of optical disc piracy in Taiwan. This can be mainly attributed to the Motion Picture Association of America's alliance with the U.S. Trade Representative in placing Taiwan on numerous …