Digital Commons Network^™

Arbitrator Integrity: The Transient And The Permanent, William W. Park

Faculty Scholarship

The somewhat excessive words attributed to Heraclitus find some application in the current search for ethical standards applicable to. arbitrators sitting in international disputes. New patterns of misbehavior create new types of ethical challenges. Few criteria for evaluating arbitrator independence and impartiality will likely stay foolproof for long, given how ingenious fools often prove themselves to be.

Defining Health Law Or The Edgewood Syndrome, Paula Lobato De Faria, Wendy K. Mariner, George J. Annas

Faculty Scholarship

The authors' main purpose is to present ideas on defining Health Law by highlighting the particularities of the field of Health Law as well as of the teaching of this legal branch, hoping to contribute to the maturity and academic recognition of Health Law, not only as a very rich legal field but also as a powerful social instrument in the fulfillment of fundamental human rights. The authors defend that Health Law has several characteristics that distinguish it from traditional branches of law such as its complexity and multidisciplinary nature. The study of Health Law normally covers issues such as …

Book Review: Martin Chanock, The Making Of South African Legal Culture, 1902-1936: Fear, Favour And Prejudice, W. Wesley Pue

All Faculty Publications

This review of Martin Chanock's work on South African legal culture, locates the work in the context of international scholarship on law and society, legal history, and law and colonialism. It appeared in 18:1 Canadian Journal of Law & Society, 177-181.

Sprawl In Europe And America, Michael Lewyn

Scholarly Works

Defenders of suburban sprawl assert that sprawl is inevitable in affluent societies, based on trends in Western Europe. According to supporters of this Inevitability Theory, European cities have decentralized and become more car-dependent, thus proving that even where governments are more aggressively anti-sprawl than American government, anti-sprawl policies will be futile.

This Article compares Western Europe to the United States, and criticizes the Inevitabilty Theory on the grounds that:

(1) Europe is in fact far less automobile-dependent than the United States;
(2) Europe has not, contrary to the Inevitability Theory's claims, become more car-dependent and suburbanized in recent years; and …

Community Benefits Agreements And Comprehensive Planning: Balancing Community Empowerment And The Police Power, Patricia E. Salkin, Amy Lavine

Scholarly Works

Traditionally, the states have empowered local governments to develop plans and implement regulations for neighborhood and community development. When accomplished at the local or regional level, the interests and benefits of the community as a whole are to be weighed against the detriments to individuals. Much has been studied and written about the lack of meaningful public participation in the planning and land use regulatory process, suggesting that often low-income and minority communities are not fully engaged in the process, even when it may result in decisions negatively impacting their neighborhoods. Case studies have also shown that governments are sometimes …

Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli

Scholarly Works

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond …

When Does Might Make Right? Using Force For Regime Change, John Linarelli

Scholarly Works

Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …

Designing Foreign Tax Credit Rules In China: The Case Of Foreign Loss Limitations, Wei Cui

All Faculty Publications

Over the last few years, China’s large trade surplus against other countries, as well as its high domestic savings rate even relative to its high investment rate, have resulted in a very substantial foreign currency reserve that puts the country in the position of a significant capital exporter. The huge amount of foreign currency assets held by the Chinese government— near $1.9 trillion at the end of 2008 — and a breathtaking series of acquisitions made by Chinese firms overseas are now salient items in international business reporting and public discussion. China’s new posture as an exporter of capital has …

Implementing Qr Code Technology In Medical Device Pacakage, Manu Chakravarthy Kittanakere Naagaraj

Theses

The medical device industry strives to improve the delivery of key device information

through the package to patients, doctors and end users. To achieve this goal Indications For Use (IFU) and user manuals have been major tools and are necessary components required in Medical Device Package according to Food and Drug Administration (FDA) standards.

Historically there have been challenges caused by packaging information materials aspects

such as manufacturing, transportation and translation. The need for extensive packaging and labelling has ultimately contributed to increased cost of manufacturing for devices. It is also important to know what information a customer needs and …

The Sheaf Catalogs Of George John Spencer, Larissa C. Brookes

Master's Theses

No abstract provided.

The Effects Of Psychosocial Stress And Social Support On Memory, Dong T. H Nguyen

Master's Theses

No abstract provided.

A Pastor's Crucifixion, Tommy Mouton

Master's Theses

No abstract provided.

Notes, Florida And Caribbean Seasonal, Circa 2009, Paul W. Sykes Jr.

Florida Ornithological Society - Records - Full Collection

Handwritten notes about the seasonal winter conditions in South Florida and the Caribbean between 1999 and 2009.

Depression: The Role Of Cultural Factors And Perception Of Treatment., Cynthia Chacon

Master's Theses

Depression is a prevalent mental disorder. Various factors influence people's attitudes toward help seeking, perceptions, and beliefs about psychotherapy, including ethnicity (language), distress level, social support, treatment modality, and subpopulation. Cognitive behavioral therapy (CBT) and psychodynamic therapy (PT) have been used to treat depression. This study explored the relationship between the aforementioned variables. Participants (N = 264) were White and Mexican-American from a college and the community. Results indicated that ethnicity and subpopulation were not significantly related to seeking help; people who reported higher distress levels and higher social support expressed greater likelihood to seek help. All groups rated CBT …

The End Of Reparations Talk: Reparations In An Obama World, Kevin Outterson

Faculty Scholarship

Disparities in Black health began in slavery, were reinforced in segregation and racism, and persist today despite significant remedial efforts. In the last decade, the statistics about Black health disparities show no improvement. The caustic history of slavery, racism and segregation hasn't been completely undone. Fundamental changes are still necessary to repair deficits in Black health.

But the election of Barack Obama has changed the relevance of reparations as a political tool for making these changes. We elected a Black man as President, and he refused to apply reparations talk to social programs of uplift for disadvantaged communities. Obama struck …

Tort Duties Of Landowners: A Positive Theory, Keith N. Hylton

Faculty Scholarship

One of the most controversial areas of modern tort law is that of the duty of landowners toward people who visit their land. The common law divided land visitors into three types: invitees, licensees, and trespassers. The highest duty of care was owed to the invitee and the lowest to the trespasser. The distinctions led courts to hand down harsh decisions and to draw formal lines between the categories that seemed to defy common sense at times. This paper explains the incentive-based function of the classical landowner duties. I will argue that the classical duties served useful regulatory functions. The …

Of Patents And Property, James Bessen, Michael J. Meurer

Faculty Scholarship

Do patents behave substantially like property rights in tangible assets, in that they encourage development and innovation? This article notes that historical evidence, cross-country evidence, economic experiments, and estimates of net benefits all indicate that general property rights institutions have a substantial direct effect on economic growth. Conversely, with a few important exceptions like chemicals and pharmaceuticals, empirical evidence indicates that intellectual property rights have at best only a weak and indirect effect on economic growth. Further, it appears that for public firms in most industries today, patents may actually discourage investment in innovation for fear of winding up on …

Investment Claims And Arbitrator Comportment, William W. Park

Faculty Scholarship

Thomas Wälde had such a curious mind that any speculation about his favorite object of inquiry might best be left to the other side of eternity. Without doubt, however, arbitration of investment claims held a special place among the subjects that engaged his intellect. Such arbitration supplied what he called ‘external adjudicatory discipline‘ to investor-state relations, enhancing the rule of law, human rights and cross-border economic cooperation. The proposition that arbitration disciplines investment begs an inquiry into the forces that discipline the arbitrators themselves. Quis custodiet ipsos custodies? What standards constrain the comportment and mindsets of those who make the …

American Moment[S]: When, How, And Why Did Israeli Law Faculties Come To Resemble Elite U.S. Law Schools?, Pnina Lahav

Faculty Scholarship

Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example (Continental and British). Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of a shift away from U.S. influence and back to Continental Europe or even Asia. The Article …

The Gap In Canadian Police Powers: Canada Needs 'Public Order Policing' Legislation, W. Wesley Pue, Robert Diab

All Faculty Publications

The authors identify a gap in Canadian policing law. Police have neither common law nor statutory authority to undertake the sorts of public order policing measures that are thought to be essential to securing large public events, such as Vancouver's 2010 Olympics. The paper argues for the adoption of a Public Order Policing Act designed to confer the necessary powers and ensure their operation in a manner that respects constitutional law and fundamental civil liberties. Revised and published as W. Wesley Pue & Robert Diab “The Gap in Canadian Police Powers: Canada Needs 'Public Order Policing' Legislation” (2010) 28 Windsor …

Introduction To Lawyers In Canadian History, W. Wesley Pue

All Faculty Publications

This paper "frames" the study of lawyers in Canadian history against major interpretations of the legal profession and legal professionalism including the historical self-understandings of organized legal professions in the common law world, market-control theorists, institutional, and cultural history approaches. The article serves as the introduction to a new book on The Promise And Perils Of Law: Lawyers In Canadian History, which includes essays on the history of legal education, the practice of law, Quebec's legal distinctiveness, constitutionalism and the rule of law, and issues in race, gender, and diversity.

Cowboy Jurists & The Making Of Legal Professionalism, W. Wesley Pue

All Faculty Publications

This paper identifies the origins of modern Canadian legal professionalism in the prairie west during the early twentieth century, arguing for the importance of human agency and emphasizing contingency where others assert trans-historical processes. Lawyers combined agendas which were explicitly moral and reforming with a profound restructuring of their profession. Their efforts to reform the curriculum of formal legal education was part of a cultural project, but so too was their desire to attain self-regulation, monopoly, professional independence, and plenary disciplinary powers. The substantive findings documented here direct our attention to questions of cultural agency and structural revolution that are …

Economic Rehabilitation: Understanding The Growth In Consumer Proposals Under Canadian Insolvency Legislation, Janis P. Sarra

All Faculty Publications

Economic rehabilitation is the notion underlying Canada’s Bankruptcy and Insolvency Act (BIA), providing consumer debtors with an opportunity for a “fresh start” through the mechanism of bankruptcy or making a proposal to their creditors for payment of their debts on terms that allow them to rehabilitate their financial status. This article undertakes a comparison of consumer proposals and consumer bankruptcies, examining 5,773 individual insolvencies in the past two years, with a view to discerning choices by individual insolvent debtors of insolvency proceeding. It compares causes of financial distress, income levels, quantum of debt and the assets of those filing proposals …

Contracting (Out) Rights, Kathryn A. Sabbeth, David C. Vladeck

Faculty Publications

No abstract provided.

Disputing Boilerplate, W. Mark C. Weidemaier

Faculty Publications

No abstract provided.

Book Review Of, Pei-Chia Lan. Global Cinderellas: Migrant Domestics And Newly Rich Employers In Taiwan, Michele Ruth Gamburd

Anthropology Faculty Publications and Presentations

Reviews the book "Global Cinderellas: Migrant Domestics and Newly Rich Employers in Taiwan," by Pei-Chia Lan.

An Introduction To The Life And The Songs Of Composer Chris Deblasio, With Special Emphasis On His Cycle All The Way Through Evening, Brian Bonin

LSU Doctoral Dissertations

For composer Chris DeBlasio, the omnipresence of HIV/AIDS during the final years of his life helped to channel his creative energies into a unique compositional voice. At a time when certain elements of the New York music scene rewarded atonality and musical experimentation, DeBlasio pursued a lyrically tonal, theatrically-informed style in the company of composers such as Jake Heggie and Ricky Ian Gordon. Unfortunately, his death in 1993 at age thirty-four limited the growing awareness of his compositions in the greater artistic community and robbed him of the success eventually experienced by his fellow tonal compatriots. Today, he is best …

Recent Two-Feldspar, Ti-In-Biotite, And Garnet-Biotite Geothermometry Of The Frontenac Terrane And Adirondack Lowlands, Grenville Province, Canada And The United States, Ashley Russell

Undergraduate Theses and Senior Projects

Reconstructing the assembly of the Middle Proterozoic Adirondack Mountains and surrounding regions is difficult due to high-grade metamorphism, igneous intrusions, faulting, erosion, and dense cover. A 2008/2009 Keck Geology Consortium Project devoted itself to collecting petrological and structural data in the Adirondack Lowlands and into the Frontenac terrane of Ontario with the hypothesis that a shear zone near the St. Lawrence River, the Black Lake Shear Zone (BLSZ), may be a tectonic boundary representing the welding of the Adirondacks onto the rest of the Precambrian core. In this study, to determine if or if not the BLSZ is a discontinuity, …

The Effect Of Participation In Performing Ensembles On Listening Practices Of Adolescents, Katie Kalota

LSU Master's Theses

The purpose of this study was to investigate the effect of participation in performing ensembles on listening practices of adolescents. Specifically, this study looked at whether the focus of choral students while listening to music was more on the lyrics and their meaning and if the focus of band students was more on the instruments in comparison with each other and students enrolled in general music classes. A secondary interest of this study was to uncover the listening preferences of adolescents. Middle school students enrolled in band, choir, or general music classes (N = 23) served as participants. Students were …

Possibilities And Prospects: The Debate Over A Guaranteed Income, Margot Young, James P. Mulvale

All Faculty Publications

The idea of a guaranteed income has a long and respectable history in Canadian political and economic thought. Recently, in the face of both wide criticism of the Canadian income security system and growing recognition of the unacceptability of current poverty rates, there has been a resurgence in calls for implementation of a Canadian guaranteed income. But the idea is a controversial one; progressive activists, academics, and politicians disagree about the desirability and the practicality of a guaranteed income. This report: Traces the history of guaranteed income proposals in Canada; Catalogues both the most common reasons supporting advocacy of a …