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2007

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Margaret Kilpatrick V. Acands, Inc : Brief Of Appellant, Utah Court Of Appeals Jan 2007

Margaret Kilpatrick V. Acands, Inc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A FINAL JUDGMENT OF THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH. THE HONORABLE GLENN K. IWASAKI PRESIDING


Taxing The Disabled: The Irs, The Insurance Industry, And The Disability Waiver Of Premium Rider, Andrew Strelka Jan 2007

Taxing The Disabled: The Irs, The Insurance Industry, And The Disability Waiver Of Premium Rider, Andrew Strelka

Richmond Journal of Law and the Public Interest

This Comment discusses the current tax methods being applied to the disability waiver of premium rider, an optional addition to life insurance policies' that waives subsequent annual premiums in the event the policyholder becomes disabled. This Comment will show that the seminal case regarding the taxation of disability waiver of premium riders, Estate of Wong Wing Non v. Commissioner, has been misconstrued by both the IRS and the insurance industry. This has allowed for the existence of two scenarios where a disabled policyholder is subjected to an unexpected tax liability he would have avoided but for the onset of disability. …


Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz Jan 2007

Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Irs’S Cost-Sharing Proposals In The Worldwide Tax System: Why Congress Should Avoid Anti-Competitive Transfer Pricing Regulations And Embrace A Territorial Tax, James D. Mandolfo Jan 2007

The Irs’S Cost-Sharing Proposals In The Worldwide Tax System: Why Congress Should Avoid Anti-Competitive Transfer Pricing Regulations And Embrace A Territorial Tax, James D. Mandolfo

Fordham Journal of Corporate & Financial Law

No abstract provided.


Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman Jan 2007

Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl Jan 2007

Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl

Fordham Journal of Corporate & Financial Law

No abstract provided.


America’S Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, Peterpaul Shaker J.D. Jan 2007

America’S Bad Bet: How The Unlawful Internet Gambling Enforcement Act Of 2006 Will Hurt The House, Peterpaul Shaker J.D.

Fordham Journal of Corporate & Financial Law

No abstract provided.


Blowing In The Wind: How A Two-Tiered National Renewable Portfolio Standard, A System Benefits Fund, And Other Programs Will Reshape American Energy Investment And Reduce Fossil Fuel Externalities, Corey Stephen Shoock J.D. Jan 2007

Blowing In The Wind: How A Two-Tiered National Renewable Portfolio Standard, A System Benefits Fund, And Other Programs Will Reshape American Energy Investment And Reduce Fossil Fuel Externalities, Corey Stephen Shoock J.D.

Fordham Journal of Corporate & Financial Law

No abstract provided.


Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro Jan 2007

Bloggers Beware: A Cautionary Tale Of Blogging And The Doctrine Of At-Will Employment, Tracie Watson, Elisabeth Piro

Hofstra Labor & Employment Law Journal

No abstract provided.


The "No-Match" Letter Rule: A Mismatch Between The Department Of Homeland Security And The Social Security Administration In Worksite Immigration Law Enforcement, Michael Gibek, Joshua Shteierman Jan 2007

The "No-Match" Letter Rule: A Mismatch Between The Department Of Homeland Security And The Social Security Administration In Worksite Immigration Law Enforcement, Michael Gibek, Joshua Shteierman

Hofstra Labor & Employment Law Journal

No abstract provided.


Anticipating Pandemic Avian Influenza: Why The Federal And State Preparedness Plans Are For The Birds, Hillary R. Ahle Jan 2007

Anticipating Pandemic Avian Influenza: Why The Federal And State Preparedness Plans Are For The Birds, Hillary R. Ahle

DePaul Journal of Health Care Law

No abstract provided.


Is Psychogenic Dystonia A Valid Diagnosis?, Kevin J. Black, V. A. Lewis, J. S. Perlmutter Jan 2007

Is Psychogenic Dystonia A Valid Diagnosis?, Kevin J. Black, V. A. Lewis, J. S. Perlmutter

Psychiatry Faculty Publications

No abstract provided.


The Offshore Asset Protection Trust: A Prudent Financial Planning Device Or The Last Refuge Of A Scoundrel?, Richard C. Ausness Jan 2007

The Offshore Asset Protection Trust: A Prudent Financial Planning Device Or The Last Refuge Of A Scoundrel?, Richard C. Ausness

Law Faculty Scholarly Articles

In recent years, a large number of Americans have established "asset protection trusts" in foreign countries. An asset protection trust is a self-settled spendthrift trust which is created in order to protect the settlor's property from the claims of creditors. Virtually all American jurisdictions recognize spendthrift trusts, which prohibit both voluntary and involuntary alienation of a third party beneficiary's interest in a trust; however, most do not allow a settlor who has retained a beneficial interest in a spendthrift trust to protect that interest from the claims of creditors. A growing number of present and former British possessions, however, have …


Pharma On The Hot Seat, Nicole Huberfeld Jan 2007

Pharma On The Hot Seat, Nicole Huberfeld

Law Faculty Scholarly Articles

The pharmaceutical industry has been receiving greater scrutiny lately due in large part to the many public and private legal enforcement actions taken against pharmaceutical manufacturers. These enforcement actions, along with legal developments such as the OIG Compliance Guidance for Pharmaceutical Manufacturers, the Sarbanes-Oxley Act’s statutory guidelines for public corporations, the HIPAA privacy regulations, and the Medicare Modernization Act, have the potential to encourage the pharmaceutical industry to self-regulate beyond the bounds currently required by the law. After a brief overview of enforcement actions and compliance programs directed toward the pharmaceutical industry, this Article reviews a similar situation the hospital …


Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger Jan 2007

Twilight Of The Idols? Eu Internet Privacy And The Post Enlightenment Paradigm, Mark F. Kightlinger

Law Faculty Scholarly Articles

This Article provides a timely examination of the European Union's approach to information privacy on the internet, an approach that some legal scholars have held up as a model for law reform in the United States. Building on the author's recent piece discussing the U.S. approach to internet privacy, this Article applies to the EU's internet privacy regime a theoretical framework constructed from the writings of philosopher and social theorist Alasdair MacIntyre on the failures of Enlightenment and post-Enlightenment thought. The EU internet privacy regime is shown to reflect and reinforce three key elements of the "post-Enlightenment paradigm," i.e., the …


Undergraduate Catalog, 2007-2008, University Of South Florida St. Petersburg. Jan 2007

Undergraduate Catalog, 2007-2008, University Of South Florida St. Petersburg.

Undergraduate Catalogs

No abstract provided.


Towards Messages That Matter: Understanding And Addressing Hiv And Srh Risks Among Married Young People In India, Armin Jamshedji-Neogi, Renu Kapoor, Jayashree Kumar, Ashwini Bhalerao Gandhi, Lakshmi Murthy, K.G. Santhya, Shireen J. Jejeebhoy, Saswata Ghosh, Vijaya Nidadavolu, Nicole Haberland, Komal Saxena, M.A. Jose Jan 2007

Towards Messages That Matter: Understanding And Addressing Hiv And Srh Risks Among Married Young People In India, Armin Jamshedji-Neogi, Renu Kapoor, Jayashree Kumar, Ashwini Bhalerao Gandhi, Lakshmi Murthy, K.G. Santhya, Shireen J. Jejeebhoy, Saswata Ghosh, Vijaya Nidadavolu, Nicole Haberland, Komal Saxena, M.A. Jose

Poverty, Gender, and Youth

Although there is increasing interest in young people's sexual and reproductive health (SRH) situations and needs in India, married young people have received little attention as a vulnerable group with distinct needs because marriage is assumed to be safe and because married youth are assumed to face none of the stigma that their unmarried counterparts experience in accessing SRH services. However, emerging evidence shows that within this subpopulation, married young women and men constitute groups with distinct risks of HIV and other poor SRH outcomes. There remains a need to better understand their unique vulnerabilities and to design programs that …


Changing Transitions To Adulthood In Vietnam's Remote Northern Uplands: A Focus On Ethnic Minority Youth And Their Families, Bussarawan Teerawichitchainan, Hac Van Vinh, Nguyen Thi Phuong Lan Jan 2007

Changing Transitions To Adulthood In Vietnam's Remote Northern Uplands: A Focus On Ethnic Minority Youth And Their Families, Bussarawan Teerawichitchainan, Hac Van Vinh, Nguyen Thi Phuong Lan

Poverty, Gender, and Youth

Ethnic minorities, who tend to live in remote mountainous areas, account for 15 percent of Vietnam’s 84 million total population and, according to a recent estimate, 61 percent of them are poor. Evidence suggests that despite recent efforts by the Government of Vietnam to promote poverty reduction in remote areas, a majority of ethnic minorities have not yet experienced positive change, contrary to their Kinh (ethnic Vietnamese) neighbors who have enjoyed substantial improvement in living standards. To identify program interventions that promote healthy human development and, in turn, positively affect Vietnam’s economic growth, it is crucial to have a comprehensive …


Hiv-Positive Inmates Released From Nevada’S Prisons In 2001: Results From Matching Health Division And Corrections’ Databases, Paul G. Devereux, Kristen Clements-Nolle, Sharon Clodfelter, Jessey Bargmann-Losche, Miguel Feroro, Wei Yang Jan 2007

Hiv-Positive Inmates Released From Nevada’S Prisons In 2001: Results From Matching Health Division And Corrections’ Databases, Paul G. Devereux, Kristen Clements-Nolle, Sharon Clodfelter, Jessey Bargmann-Losche, Miguel Feroro, Wei Yang

Nevada Journal of Public Health

It is estimated that about one quarter of all HIV-infected individuals in the United States are released from a correctional facility each year. To better understand the needs of inmates with HIV exiting the prison system, a partnership with the Nevada State Health Division (NSHD), the Nevada Department of Corrections (DOC), and the University of Nevada, Reno School of Public Health was formed to examine this population using information contained in existing databases. An analysis of DOC data matched with the data from the HIV/AIDS Reporting System (HARS) maintained by the NSHD identified 2,802 HIV-negative inmates (2,451 males and 350 …


Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld Jan 2007

Tackling The “Evils” Of Interlocking Directorates In Healthcare Nonprofits, Nicole Huberfeld

Law Faculty Scholarly Articles

The nonprofit sector and matters of nonprofit governance have been in the national spotlight much of late. One area of heightened interest is directors of healthcare entities regularly serving on the board of more than one healthcare organization. Even when board membership of related entities is relatively independent, one corporation's business plan frequently is affected (or even controlled) by the business needs of a separately incorporated parent, affiliate, or other related organization. Very little case law addresses "interlocking" directorates for nonprofit board members, and the case law that does exist tends to address narrow, fact-based state law interpretive issues rather …


Motivating Enforcement: Institutional Culture And The Clean Water Act, William L. Andreen Jan 2007

Motivating Enforcement: Institutional Culture And The Clean Water Act, William L. Andreen

Pace Environmental Law Review

No abstract provided.


The Iucn Sustainable Soil Project And Enforcement Failures, J. William Futrell Jan 2007

The Iucn Sustainable Soil Project And Enforcement Failures, J. William Futrell

Pace Environmental Law Review

No abstract provided.


Shining The Spotlight On European Union Environmental Compliance, Clifford Rechtschaffen Jan 2007

Shining The Spotlight On European Union Environmental Compliance, Clifford Rechtschaffen

Pace Environmental Law Review

No abstract provided.


Powerful Cultures: Indigenous And Western Conflict Resolution Processes In Cambodian Peacebuilding, Mneesha Gellman Jan 2007

Powerful Cultures: Indigenous And Western Conflict Resolution Processes In Cambodian Peacebuilding, Mneesha Gellman

Emerson Authors, Researchers, & Creators

In this essay I explore the role of cultural differences and disparities in power in western and indigenous mediation and cross cultural conflict resolution processes. I unpack several complex key terms such as mediation, culture, conflict, and power to make their role in conflict visible. Conflict resolution literature serves as my foundation for offering insights about the nature of culture and power, and the way these elements are operationalised in the practice of mediation. This paper draws on recent fieldwork in Cambodia in order to identify the challenges of praxis as a conflict resolution practitioner in an intercultural work environment. …


Advance Directives At End-Of-Life: Nursing Home Resident Preferences For Artificial Nutrition, Cheryl Monturo, Neville E. Strumpf Jan 2007

Advance Directives At End-Of-Life: Nursing Home Resident Preferences For Artificial Nutrition, Cheryl Monturo, Neville E. Strumpf

Nursing Faculty Publications

No abstract provided.


The Reproducibility Of An Isokinetic Testing Technique At The Ankle Joint, Katherine E. Morrison, Thomas W. Kaminski Jan 2007

The Reproducibility Of An Isokinetic Testing Technique At The Ankle Joint, Katherine E. Morrison, Thomas W. Kaminski

Sports Medicine Faculty Publications

No abstract provided.


Engendering Agency: Literacies, Social Action, And Wangari Maathai S Green Belt Movement, Cassandra Marie Allen Jan 2007

Engendering Agency: Literacies, Social Action, And Wangari Maathai S Green Belt Movement, Cassandra Marie Allen

Electronic Theses and Dissertations

This thesis analyzes the life and work of Nobel Peace Laureate Wangari Maathai, one of the foremost African woman rhetors of our time. Wangari Maathai--founder of Kenya's Green Belt Movement (GBM), Member of Parliament, and activist for democracy, sustainable development, and human rights--has cultivated a multidimensional literacy that has allowed her to truly understand and address the problems that post-colonial Kenyans face. Her strong solution-oriented approach has allowed her to develop and refine operation of the GBM, which began simply planting trees, to produce a worldwide organization that works for sustainable development, human rights, and environmental conservation/restoration (among many others) …


Medium Access Control Protocols And Routing Algorithms For Wireless Sensor Networks, Anirban Bag Jan 2007

Medium Access Control Protocols And Routing Algorithms For Wireless Sensor Networks, Anirban Bag

Electronic Theses and Dissertations

In recent years, the development of a large variety of mobile computing devices has led to wide scale deployment and use of wireless ad hoc and sensor networks. Wireless Sensor Networks consist of battery powered, tiny and cheap "motes", having sensing and wireless communication capabilities. Although wireless motes have limited battery power, communication and computation capabilities, the range of their application is vast. In the first part of the dissertation, we have addressed the specific application of Biomedical Sensor Networks. To solve the problem of data routing in these networks, we have proposed the Adaptive Least Temperature Routing (ALTR) algorithm …


A Comparison Of Attentional Reserve Capacity Across Three Sensory Modalities, John Brill Jan 2007

A Comparison Of Attentional Reserve Capacity Across Three Sensory Modalities, John Brill

Electronic Theses and Dissertations

There are two theoretical approaches to the nature of attentional resources. One proposes a single, flexible pool of cognitive resources; the other poses there are multiple resources. This study was designed to systematically examine whether there is evidence for multiple resource theory using a counting task consisting of visual, auditory, and tactile signals using two experiments. The goal of the first experiment was the validation of a multi-modal secondary loading task. Thirty-two participants performed nine variations of a multi-modal counting task incorporating three modalities and three demand levels. Performance and subjective ratings of workload were measured for each of the …


The Effects Of Eicu Technology On Clinical Outcomes Of Icu Patients: Analysis Of The Relationship Of Patient, Hospital, And Unit Characteristics To Proximal And Distal Outcomes, Michelle G. Chandler Jan 2007

The Effects Of Eicu Technology On Clinical Outcomes Of Icu Patients: Analysis Of The Relationship Of Patient, Hospital, And Unit Characteristics To Proximal And Distal Outcomes, Michelle G. Chandler

Electronic Theses and Dissertations

Each year approximately five million people are treated in the nation's intensive care units making intensive care one of the most expensive components of the U.S. healthcare system. Of these patients, 400,000-500,000 will die annually giving the ICU the distinction of having the highest rate of mortality and complications in the hospital setting. Studies have demonstrated that one in ten patients who die each day in ICUs might survive if intensivists were present to manage clinical care and direct treatment plans (Randolph & Pronovost, 2002; Dimick, Pronovost, Heitmiller & Lipsett, 2001; Pronovost et al., 2002). The utilization of supplemental remote …