Digital Commons Network^™

Reviving Marriage: Could We? Should We?, Marsha Garrison

Faculty Scholarship

No abstract provided.

Functional Characterization Of Conserved Domains Within The L Protein Component Of The Vesiculare Stomatitus Virus Rna-Dependent Rna Polymerase: Implications For Transcription And Mrna Processing, Summer E. Galloway

All ETDs from UAB

No abstract provided.

The Modification Of Cell Signaling Proteins By Reactive Prostaglandins In Endothelial Cells, Jooyeun Oh

All ETDs from UAB

No abstract provided.

Geographic Differences In Accessibility To Renal Treatment Among Black And White Populations Within Network 6 Of The End Stage Renal Disease Networks, Shenee J. Reid

All ETDs from UAB

Objective: This study examined relationships between racial composition of zip codes and the geographic accessibility to dialysis centers of Network 6 of the End Stage Renal Disease Networks. Study Design: Geographic accessibility to renal care (hemodialysis) was defined as the average distance between the centers of zip codes where dialysis patients reside and the dialysis centers that fall within a 30 mile buffer radius. Data Sources: This research studies the distribution of 33,536 patients, 1,798 zip codes, and 546 dialysis centers in Georgia, North Carolina, and South Carolina as of December 31, 2007. Information and data concerning the dialysis centers …

Health Care Organizations With Conforming Changes As Of May 1, 2008; Audit And Accounting Guide:, American Institute Of Certified Public Accountants. Health Care Committee

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Too White To Be Regarded As Aborigines: An Historical Analysis Of Policies For The Protection Of Aborigines And The Assimilation Of Aborigines Of Mixed Descent, And The Role Of Chief Protectors Of Aborigines In The Formulation And Implementation Of Those Policies, In Western Australia From 1898 To 1940, Derrick Tomlinson

Theses

For much of the nineteenth and the first half of the twentieth centuries, public policies for Western Australia’s Indigenous peoples were guided by beliefs that they were remnants of a race in terminal decline and that a public duty existed to protect and preserve them. If their extinction was unavoidable, the public duty was to ease their passing. The Aborigines Act 1905 vested the Chief Protector of Aborigines (after 1936 the Commissioner for Native Affairs), with lawful responsibility for the pursuit of that duty. All Aborigines caught by the terms of the Act, in particular Aboriginal children under the age …

Lady Griz Volleyball Media Guide, 2008, University Of Montana—Missoula. Athletics Department

Lady Griz Volleyball Media Guides, 1979-2008

Media guide created about the Lady Griz volleyball team.

Communique, 2008, University Of Montana--Missoula. School Of Journalism

Communique, 1953-2020

An annual publication of the University of Montana’s School of Journalism. This is volume 52.

Neotrusteeship Or Mistrusteeship? The "Authority Creep" Dilemma In United Nations Transitional Administration, Christian E. Ford, Ben A. Oppenheim

Vanderbilt Journal of Transnational Law

State failure poses one of the greatest threats to international peace and security. The collapse of governing institutions breeds civil wars, generates refugee flows, causes enormous civilian suffering, foments instability in neighboring countries, and provides safe havens for transnational criminal and terrorist organizations. As a result, commentators and policymakers have increasingly called for a remedy to the problem of state failure. One of the most compelling arguments is to draw on an old legal institution: international trusteeship by the United Nations (U.N.). This Article argues that while trusteeship may prove effective in managing state failure, it also carries risks. International …

Increasing Global Demand For An Uncensored Internet, Andrew W. Lloyd

Vanderbilt Journal of Transnational Law

This Note discusses efforts to defeat government censorship of the Internet. In the narrow meaning of that idea, this Note initially discusses technological efforts to circumvent government-imposed Internet firewalls; in the broader sense, it addresses the larger goal of inducing censoring governments to bring their firewalls down. Proposed U.S. legislation would provide U.S. government funding of censorship circumvention technology. This Note discusses why such funding is not a good approach. Absent larger international efforts, private action--within both the U.S. and censoring countries--has the best chance of bringing down government-run firewalls. This Note discusses how the U.S. government can best facilitate …

Do Norms Still Matter? The Corrosive Effects Of Globalization On The Vitality Of Norms, Patrick J. Keenan

Vanderbilt Journal of Transnational Law

Why does the process of globalization undermine the power of social norms to regulate behavior? Norms are the social regularities that shape individual behavior and help to create vibrant--or dysfunctional--communities. Most theories of norms do not account for the many ways that globalization affects the foundations of norms. This Article fills the gap by developing a more robust theory of the informal regulation of behavior that considers the ways that the process of globalization can interfere with the creation of norms and erode their power.

Drawing on behavioral economics, sociology, and criminology, the theory proposed in this Article contains three …

Liberating The Individual From Battles Between States, Matthias Lehmann

Vanderbilt Journal of Transnational Law

Current theories of conflict of laws have one common feature: they all consider the question of the applicable law in terms of a conflict between states. Legal systems are seen as fighting with each other over the application of law to a certain case. From this perspective, the goal of conflicts methods is to assign factual situations to the competent rule maker for resolution. Party autonomy presents a problem for this view: if individuals are allowed to choose which law will be applied to their dispute, it seems as if private persons could determine the outcome of the battle between …

Trade, Empires, And Subjects--China-Africa Trade, Uche E. Ofodile

Vanderbilt Journal of Transnational Law

Since 2000, the interest of the People's Republic of China (China) in Africa has grown steadily. Trade between China and Africa has grown exponentially. China-Africa trade volume increased from $10 billion to $18 billion between 2000 and 2003. In 2005, total trade between Africa and China surged to $40 billion, and in 2006 China-Africa trade was valued at $55.5 billion. A third of China's crude oil imports come from Africa. In the West, reaction to China's involvement in Africa has bordered on suspicion and paranoia. Policy makers and analysts are concerned that China could gain control over Africa's vast and …

Tissue Tug-Of-War: A Comparison Of International And U.S. Perspectives On The Regulation Of Human Tissue Banks, Lisa C. Edwards

Vanderbilt Journal of Transnational Law

Every day in the United States and around the world, patients and research participants at hospitals and doctors' offices give biological samples, whether in the form of surgically removed cancer tissue or a routine blood sample. Many of these patients are entirely unaware that their tissues were not thrown out as hazardous waste, and instead used by scientists for the development of new drugs and therapies. The courts in the United States in Moore v. Regents of the University of California, Greenberg v. Miami Children's Hospital Research Institute, and most recently Washington University v. Catalona have determined that a patient …

A Coherent Policy Proposal For U.S. Residence-Based Taxation Of Individuals, Cynthia Blum, Paula N. Singer

Vanderbilt Journal of Transnational Law

Taxation of the worldwide income of U.S. citizens has been a feature of the U.S. income tax since the Revenue Act of 1913. This Article proposes that the United States abandon its imposition of income tax based on citizenship and institute a new system for taxing individuals based solely on residence. This includes (1) a revised definition of "residency status" that would be based on physical presence and be monitored through an entry-exit system, (2) a proposal for an exit tax imposed on termination of residence with respect to unrealized appreciation accrued during the period of residence, and (3) new …

Looking Beyond The Dabhol Debacle: Examining Its Causes And Understanding Its Lessons, Preeti Kundra

Vanderbilt Journal of Transnational Law

This Note analyzes foreign direct investment in India, looking into the investment troubles surrounding the Dabhol power project, India's largest foreign investment project to date. After providing an introduction to the mechanics of project finance and a backdrop to the Dabhol power project, the Note considers whether the Indian government's actions, specifically the use of the Indian legal system, constituted "total expropriation" and violations of international law. Additionally, this Note considers what systemic changes India can make in order to create a more investment-friendly environment in the post-Dabhol context.

Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood

Vanderbilt Journal of Transnational Law

This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …

Voodoo Economics: A Look Abroad For A Supply-Side Solution To America's Campaign-Finance Riddle, Matthew T. Sanderson

Vanderbilt Journal of Transnational Law

The title of this Note "voodoo economics" is, at its core, an analogy: U.S. campaign-finance regulation operates like a price ceiling in the political money marketplace. Political campaigns are financed through money-for-access transactions and campaign-finance regulation caps the level of exchange. Like any other price ceiling, regulation is both effective and flawed. It suppresses the "price" of political money but inherently falls victim to some market players' avoidance activities. This price-ceiling analogy, among other things, makes apparent that many proposals forwarded by pro-regulation and deregulation advocates cannot solve the United States' century-old campaign-finance riddle. Instead, attention should turn to shaping …

Towards Global Convenience, Fairness, And Judicial Economy, J. S. Hill

Vanderbilt Journal of Transnational Law

The Supreme Court held in Sinochem Int'l Co. Ltd. v. Malaysia Int'l Shipping Corp., that federal district courts can dismiss cases under forum non conveniens before determining jurisdiction. The facts of Sinochem did not allow the Court to determine whether a court may conditionally dismiss under "forum non conveniens" before determining jurisdiction, but this Note argues that district courts should be able to do so. The issue of conditional dismissal before jurisdiction arises only where subject matter or personal jurisdiction is difficult to determine, "forum non conveniens" factors weigh heavily in favor of dismissal, and the district court intends to …

Can We Talk? Overcoming Barriers To Mediating Private Transborder Commercial Disputes In The Americas, Don Peters

Vanderbilt Journal of Transnational Law

This Article examines cognitive and cultural barriers creating the relatively infrequent use of mediation to resolve private, transborder commercial disputes in the Americas. It begins by analyzing the challenges presented by transborder commercial litigation. It then presents and supports the claim that international arbitration, the most frequently used transborder commercial dispute resolution method, suffers from many of litigation's disadvantages including excessive expense and delay, loss of outcome control, damaging or ending rather than preserving and improving commercial relationships, and using legalistic, rights-based perspectives that obscure business interest-based solutions.

This Article next examines several cognitive biases that impair rational decision making …

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

Dubai Or Not Dubai?: A Review Of Foreign Investment And Acquisition Laws In The U.S. And Canada, Chris Lalonde

Vanderbilt Journal of Transnational Law

The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be described as one of the most politically contentious acquisitions in U.S. history. The transaction raised questions not only about U.S. foreign investment laws but provoked national security concerns, as well. Similar issues were raised more recently during the acquisition of a share in Nasdaq by the Dubai stock exchange. In the same vein, Canada has seen similar issues arise during recent transactions involving domestic companies--most notably the acquisition of PrimeWest Energy by TAQA, the national energy company of …

Law Triangle: Arbitrating International Reinsurance Disputes, J. L. Murphy

Vanderbilt Journal of Transnational Law

The McCarran-Ferguson Act was enacted to preserve the longstanding prerogative of the States to regulate the insurance industry. States have acted in accordance with this statute to declare arbitration agreements in insurance contracts invalid. However, the Senate has since ratified the New York Convention and appended implementing legislation to the Federal Arbitration Act that obligates domestic courts to recognize arbitration agreements in all international contracts. In an odd convergence of authority, a functional conflict arises between these three bodies of law: the federal law says that state law controls in this area, even over other federal law that might incidentally …

A Five Year Comparison Between An Extended Year School And A Conventional Year School: Effects On Academic Achievement, Vanessa Khankeo Vandergraaf

Dissertations

The purpose of this study was to compare the academic achievement of third grade students in an extended year school to that of third grade students in a conventional school. The problem statement was that both schools were academically deficient according to the requirements of the No Child Left Behind (NCLB) Act. The comparison between the two schools used communication arts and science data from 2002-2006 Missouri Assessment Program (MAP). It also examined the effects of variables such as summer breaks, socioeconomic status, and student attendance that affect student achievement beyond adding more instructional time. Examination of research related to …

Smoking Attitudes Among Adolescents: Effect Of Messages Varying On Argument Quality And Source’S Expertise, Evdoxia Kosmidou, Yannis Theodorakis, Stiliani (Ani) Chroni

Journal of Social, Behavioral, and Health Sciences

The present study examined the effectiveness of an anti-smoking message on processing and persuasion in young adolescents. Data were collected from 112 Greek adolescents 13 to 16 years of age, who were randomly assigned into a control and four experimental groups. All participants in experimental groups read a written anti-smoking message varying on the source’s expertise (expert or non expert) and on the quality of the arguments (12 weak/12 strong arguments). Before and after the experimental manipulation, participants completed questionnaires assessing attitudes towards smoking, intention to smoke, perceived behavioral control, subjective norms, knowledge, and smoking behavior. Repeated measures analyses showed …

The Relationship Of Fear And Fatalism With Breast Cancer Screening Among A Selected Target Population Of African American Middle Class Women, Patricia Yvonne Talbert

Journal of Social, Behavioral, and Health Sciences

The purpose of this quantitative study was to explore whether fear and fatalism influence compliance with breast cancer screening among members of a selected target population of African American middle-class (AAMC) women. Using a cross-sectional analysis, a sample of 120 AAMC women, ages 35 and older, residing in Minnesota, was surveyed with an abridged version of the Champion Health Belief Model Scale (Champion, 1999), the Champion Breast Cancer Fear Scale (Champion et al, 2004), and an adapted version of the Powe Fatalism Model (Powe, 1995). Results indicated that fear and fatalism belief scores were statistically related to breast cancer compliance …

Strafford County 2007 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2007., Stafford County Representatives

Strafford County, NH Annual Reports

This is an annual report containing vital statistics for a county in the state of New Hampshire.

Eco 108 World Political Economy Lectures Iv & V, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (2008). Eco108: World pol eco lecture iv: Inflation 1 lecture v: Inflation 2 [Unpublished manuscript].
• Shaikh, A. (2002). World political economy (GECO 5108) [Course syllabus].
• Sahr, R. (2006). US CPI, 1665–2007, in 1995-$ [Data set]. Oregon State University.
• Shaikh, A. (2005). Inflation vs total bank credit growth [Unpublished manuscript].
• Harberger, A. C. (1988). World inflation revisited. In E. Helpman, A. Razin, & E. Sadka (Eds.), Economic effects of the government budget (pp. 217-237). MIT Press.
• The Economist. (2005). Monetary conundrums: America's monetary policy is off target. The Economist, 374(8415), 12.
• Harberger, A. C. …

Just Add Water: Reclamation Projects And Development Fantasies In The Upper Basin Of The Colorado River, Stephen C. Strugeon

Library Faculty & Staff Publications

The history of the development of the American West is full of countless examples of promoters seeking to encourage outside investors to buy land, invest in mines, and build railroads. The history of water projects in the region is no different. Residents of communities such as Grand Junction, Colorado, recognized early on the two-fold dilemma that they faced: irrigation and reclamation projects would be critical to the economic growth of the area, and the funding for these projects would have to be obtained from sources outside the region. The promoters of such projects relied upon booster literature in order to …

The Interpretation Game, Robert E. Rodes

Journal Articles

Sir James Fitzjames Stephen, embarking on a powerful critique of John Stuart Mill, says: "In stating the grounds of one's dissent from wide-spread and influential opinions it is absolutely necessary to take some definite statement of those opinions as a starting point, and it is natural to take the ablest, the most reasonable, and the clearest." This is my justification for reviewing the present work. My disagreement with it is broad and deep, but, unlike many proponents of similar views, Professor Benson writes clearly and without jargon, and he brings to his work the experience of a working lawyer and …