Digital Commons Network^™

Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill

Vanderbilt Journal of Transnational Law

The General Agreement on Trade in Service calls for members of the World Trade Organization (WTO) to further liberalize and expand opportunities for international trade in services. With legal services included in this mandate, requests for specific commitments and offers have been made by WTO Member States. While services as components of international trade is new to many of the WTO Member States, free movement of services has been addressed by the European Union (EU) since the inception of the European Economic Community. Thus EU directives, declarations, codes and case law serve as valuable resources to WTO Member States as …

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 …

The Responsible Role For International Charitable Grantmaking In The Wake Of The September 11, 2001 Terrorist Attacks, Christine H. Anthony

Vanderbilt Journal of Transnational Law

This Note argues that a collaborative information collection and sharing effort would protect charities from becoming law enforcement agencies and would ensure that U.S. altruism is properly monitored and reaching the areas of the world most in need. A robust system of international charitable giving is a vital element in the promotion of "civil society" and the fight against terrorist attitudes and sympathies. The U.S. government and non-profit sector must combine resources and efforts to continue to promote global charitable participation with an updated approach to grant-making and fund oversight.

Historic Preservation In Southeast Asia: The Role Of Public-Private Partnerships, Patrick Stough

Vanderbilt Journal of Transnational Law

The role of globalization in the rapid economic success of Southeast Asia is exemplified by the growing westernization of the region's cities. While globalization has its benefits, such as encouraging investment and global connectivity, it also threatens the cultural heritage of a given area by encouraging a sort of homogeneity that makes modern cities all look alike. In particular, the goal of economic development often stands at odds with the preservation of structures and properties that reflect the cultural heritage of the region. Furthermore, many of the countries of the region are under pressure to better protect property rights, another …

Harold G. Maier: A World Class Fellow Indeed, Paul M. Kurtz

Vanderbilt Journal of Transnational Law

Hal Maier has played many roles in my life: he has been my teacher, my boss, my advisor, my colleague, and most and best of all, my friend. In all those roles, he has exhibited enthusiasm, patience, tact, and brilliance. Not at all a bad combination, I would say.

Come with me back to his classroom, circa 1970-1971. The subject is Conflict of Laws (which was required back then) or Law of the European Economic Community (which one with no interest in international law only took because of the masterful teacher). Clad in white shirt and oh-so-narrow tie which he …

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …

Beyond Standing: A Search For A New Solution In Animal Welfare, Shigehiko Ito

Santa Clara Law Review

No abstract provided.

Saving 17200: An Analysis Of Proposition 64, Jacquetta Lannan

Santa Clara Law Review

No abstract provided.

Book Review [Advice And Consent: The Politics Of Judicial Appointments], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Kelo, Lingle, And San Remo Hotel: Takings Law Now Belongs To The States, William A. Fletcher

Santa Clara Law Review

No abstract provided.

Should Predatory Pricing Rules Immunize Exclusionary Discounts?, Robert H. Lande

All Faculty Scholarship

The purpose of this commentary is to analyze some of the empirical issues that help lay the foundation for the policy conclusions in the excellent and provocative article by Professor Herbert Hovenkamp, Discounts and Exclusion (hereinafter "D&E"). To oversimplify, D&E asserts that discounts usually are procompetitive. It also concedes, but essentially in its footnotes, that discounts can be anticompetitive, but argues that these anticompetitive situations are so rare they should have little impact on public policy. D&E then asserts that efficiencies from discounts are common and significant. It then asserts that the only way to bring clarity, predictability, and an …

Comparison Study Of Sediment Microbial Enzyme Activities To Biochemical Oxygen Demand, Nitrate Concentration, Phosphate Concentration In The Sediments Of A Fecally-Contaminated Stream In Northeast Tennessee Relative To Season And Land Use, Brian G. Evanshen, Kurt J. Maier, Phillip R. Scheuerman

ETSU Faculty Works

Microbial metabolism reacts quickly to environmental conditions. These reactions are dependent on the need for nutrients and respiration and can be measured using an assay of individual microbial enzyme activities (MEA’s). In this study, we measured MEA’s in the sediments of a stream in northeast Tennessee that had an approved fecal coliform Total Maximum Daily Load (TMDL). These values were compared to biochemical oxygen demand (BOD), phosphate concentration and nitrate concentration in the water column of this stream. Comparisons were grouped by season and land use. Stream sediments and water were collected monthly for one year and then quarterly for …

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro

Articles

This report examines the underlying conditions that cause women like Rodi to flee their home countries and seek protection elsewhere. The report starts with a description of the circumstances that led Rodi to leave Guatemala. It then analyzes the widespread violence against and murders of women in Guatemala, specifically focusing on the number of murders, the victims, the brutality of the crimes, the context in which they occur, and the theories behind the murders. It next looks to the aspects of the Guatemalan legal and judicial systems that render women vulnerable to violence and then fail to protect them. It …

Visit Bulgaria So That Bulgaria Can Visit You!, Milena Dimitrova

Whittier Scholars Program

This project is split into four chapters with the introductory chapter serving as a situation analysis manual. It first introduces the reader to the main terminology needed for the further development of the thesis. It also offers historical context of tourism as a social phenomenon and sets parameters of comparison within analyzing the state of the French and Bulgarian markets. The second chapter examines customer behavior in the principal tourist generating markets and focuses on data analysis from a single country to obtain information on how Bulgaria is positioned in the global tourist market. The third chapter analyzes the transition …

Purchase Of Development Rights In Fayette County: A Hedonic Price Analysis Of Easement Payments, Perry A. Papka

MPA/MPP/MPFM Capstone Projects

In January of 2000, the Lexington-Fayette Urban County Government established a purchase of development rights (PDR) program as part of the comprehensive Rural Service Area Land Management Plan. The goal of the program is to purchase conservation easements on 50,000 acres of farmland and natural areas within the county by the year 2020. By purchasing the development rights of these lands, the program intends to preserve the agricultural and natural character of the county that development pressures otherwise threaten.

Typically, PDR programs calculate the value of a conservation easement by subtracting the current value of the property with the …

Matching A Publishing Model To Board Values: A Decision Analysis For The American Society Of Missiology, Betsy A. Northrup

MPA/MPP/MPFM Capstone Projects

Statement of the Problem

Faced with declining revenue, increasing print costs, and an increasingly electronic world, The American Society of Missiology (ASM) has to make a decision and can choose between three alternatives: 1) Continue to publish its quarterly journal, Missiology: An International Review, using its current print-only model and contracting out on-line availability to the American Theological Library Association (ATLA); 2) Accept the offer of a commercial firm in the United Kingdom to manage, publish, and distribute Missiology in return for immediate on-line availability, increased exposure through marketing, and a guaranteed modest income for the Society; or 3) …

Effects Of Charter School Laws On Charter School Performance, Kristen R. Hoffman

MPA/MPP/MPFM Capstone Projects

Problem Statement

Many issues exist in the public school system in the United States today. The main problems are: 1) American students are performing below their peers in other developed nations; 2) American high school graduates have trouble competing in the global economy; 3) Large achievement gaps exist between subgroups of American students. One of the many recommended policy solutions is to create charter schools to induce innovation and competition into the public school system.

Research Question

While many researchers have looked at charter school outcomes, few consider the effects of charter school laws on student achievement. My research question …

Should Louisville Build A Dual Tenant Or Single Tenant Arena?, Chad Allen Harpole

MPA/MPP/MPFM Capstone Projects

The purpose of this research design was to make recommendations to Louisville Metro Council Members, members of the Kentucky General Assembly from Jefferson County and Louisville Metro Mayor Jerry Abramson on the potential revenue and economic impact a potential franchise of the National Basketball Association (NBA) could have on the proposed Louisville Arena Project and the city of Louisville.

Research in the literature review showed that stadiums, arenas and professional teams are poor investments by communities. Despite the research, the new Louisville Arena is going to be built because the Kentucky General Assembly included $75-million in bond financing for the …

Outcome Evaluation Of The Center For Women, Children And Families' Parenting Program, Elena Buzarnescu

MPA/MPP/MPFM Capstone Projects

The evaluation of family support programs employing parent education to achieve prevention of child abuse and neglect is an important consideration for professionals as it can provide a good insight into possible improvements of a program.

A parent education program administered by the Center for Women, Children and Families (CWCF) was assessed using participants’ pre- and post-program scores on the Adult-Adolescent Parenting Inventory (AAPI-2) from 148 parents.

Statistical analysis indicated that parenting knowledge has significantly improved on all five dimensions measured following program attendance. This finding supported the answer to the first research question. To answer the second research question, …

The Elimination Of The Federal Tax Deductibility Of State And Local Taxes: Possible Effects On State And Local Tax Structures, John M. Foster

MPA/MPP/MPFM Capstone Projects

Through the use of intermediaries such as elected officials and hired advocates, people choose the level of resources that will be used for public goods and services, as well as the manner in which those resources will be used. They also decide how these goods and services will be financed. The extent to which governments utilize taxes on income, wealth, and consumption is guided by considerations of political factors, equity, administrative costs, revenue adequacy, and the effects of the tax system on allocative efficiency. Incentives that are embedded in the federal tax system may also influence state and local tax …

Does The Advertising Effect Of Athletics Impact Academic Rankings?, Brad A. Trenkamp

MPA/MPP/MPFM Capstone Projects

The study presented here examines the relationship between athletic success and academic quality among Division I universities. The analysis begins by revisiting models that have been previously examined by other researchers. The current literature is then extended using a new model incorporating academic rankings. The previously used models incorporate objective measures of academic quality. The new model presented here uses rankings which have a subjective input. It is then examined to see whether the subjective opinions present in the academic rankings are influenced by athletic success. The analysis supports the assertion that successful football programs enhance the academic mission of …

Moving Beyond Demographics: Surveying To Find How The Kentucky League Of Cities Can Better Serve The Readership Of City: The Community Issues Magazine Of The Kentucky League Of Cities, Laurent Chiles Rawlings

MPA/MPP/MPFM Capstone Projects

No executive summary.

Unreimbursed Emergency Department Costs Incurred By Hispanic Workers And Their Dependents In Central Kentucky, Sandra L. Senft

MPA/MPP/MPFM Capstone Projects

Health care costs in the United States are a concern to policy makers, healthcare providers, and the population using medical services. Because fewer individuals have health insurance, as costs continue to rise, so have the levels of charity care provided through the Emergency Departments at many hospitals. Hispanics are a growing population thought to be receiving an increasing portion of this care. The Hispanic population in Kentucky has seen a significant increase in recent years, in large part because of the demand for agricultural workers. It has been established that a sizeable part of the Hispanic migrant worker community is …

An Analysis Of Employing The Circuit Breaker As An Alternative Approach For Targeting Aid To Low-Income Students In Kentucky, William Walton

MPA/MPP/MPFM Capstone Projects

Affordability is an essential element of college opportunity. The federal government and the states have acknowledged this belief by adopting policies to ensure that no academically qualified student who desires an education is limited access due to a lack of financial resources. But, many lower-income families today are having trouble paying for college due to a unique set of circumstances. First, the cost of higher education as a percentage of income has been increasing for over a decade, causing families to spend increasingly larger proportions of their incomes to afford postsecondary education. Second, the federal government has shifted its emphasis …

A Retrospective Analysis Of The Impact Of The Henry Toll Fellowship Leadership Development Program, Lizeth C. Fowler

MPA/MPP/MPFM Capstone Projects

The Council of State Governments (CSG) is the premier organization forecasting policy trends for state leaders in all three branches of government. Central to its mission is the development of leadership training for improved decision-making of state elected and appointed officials.

CSG has sponsored the Henry Toll Fellowship Leadership Development Program for state and government officials since 1986. This competitive program invites ten state officials from each of the four regions, West, Midwest, South and East, to participate in an intensive five-day program to learn practical leadership skills and strategies to meet challenges and lead change and innovation.

While the …

The Effects Of Professional Development Programs On Educational Outcomes In Mathematics And Sciences, William M. Craig

MPA/MPP/MPFM Capstone Projects

Professional development programs are widely acknowledged for their success in determining outcomes in a variety of fields. These programs are particularly useful in education where new processes, methodologies, and curriculum need to be disseminated to vast numbers of administrators, educators, parents, and program analysts. Education is considered one of the top priorities for American policymakers, agencies, companies, and the general public. This fact has made educational outcomes progressively more important over time as larger expenditures are dedicated to providing positive educational effects. There has been a large body of research performed on what effects educational outcomes in the United States. …

An External Communication Audit Of The Kentucky Arts Council: An Analysis Of The Publications Distributed By A State Agency, Jess N. Kropczynski

MPA/MPP/MPFM Capstone Projects

Problem

The specific objective of the audit is to conduct a formal examination of how the Kentucky Arts Council (KAC) is communicating with target authorizing groups outside of KAC, such as artists, arts administrators, educators, media and legislators.

Research Strategy

The external communication audit is an instrument used to gauge authorizers’ feedback on the publications distributed regularly by the agency. This audit is designed to paint a picture of the current communication patterns, policies, practices, capabilities and needs in order to make informed recommendations for the improvement of communication. The specific research question guiding this audit is: How effective are …

Financial Efficiency In The Nonprofit Sector: An Analysis Of Factors Affecting Expense Ratios Of Kentucky Nonprofits, Emily A. Lane

MPA/MPP/MPFM Capstone Projects

Statement of Problem

Recent events in both the public and private sectors have lead to an environment of mistrust and caution surrounding the way organizations are managed and funds are handled. For the nonprofit sector, this has led to an emergence of charity rating or watchdog organizations and increased scrutiny of finances. Individual donors, charity rating agencies, and funding institutions have begun using expense ratios as a measure of financial efficiency. Decisions on the financial efficiency of organizations are being made without a good understanding of what factors affect these ratios.

Research Questions

The purpose of this paper is to …

Does The Voluntary Standards For Excellence Program Improve Reporting Qualities & Financial Ratios Of Nonprofit Organizations?, Harmony Little

MPA/MPP/MPFM Capstone Projects

Problem Statement

The issue of accountability in the nonprofit sector has increased over the past few years, and along with it, questions about the adequacy of information in the 990 forms filed annually by nonprofits to the IRS. The intent of the 990 form is to provide the public with necessary information to evaluate the performance of a nonprofit; however, a number of studies show that there are significant errors on the 990 returns. At the same time, there has been a rise in nonprofit watchdog groups who use the information available on the 990 forms to calculate nonprofits’ financial …

Effect Of Early Weaning On Piglet Weight Gain And Fertility In Sows (Sus Scrofa) In Carmen Pampa Of Nor Yungas - La Paz, Darwin Juan Luna Isita

Theses and Dissertations

This study was carried out in swine production facilities of the School of Veterinary Medicine and Zootechnic Studies at the Rural Academic Unit of Carmen Pampa. The objective of this study was to evaluate the effects of weaning male and female piglets at different times on their weight gain and the fertility of the sows. Four three year old sows that had a total of 40 piglets (25 males and 15 females) were used. The piglets were distributed across the following treatments: T1 - weaning 9 piglets (5 males and 4 females) at 56 days, T2 - weaning 13 piglets …