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Checklists And Illustrative Financial Statements : Health And Welfare Benefit Plans, April 2009 Edition, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Checklists And Illustrative Financial Statements : Defined Contribution Pension Plans, April 2009, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Insurance Industry Developments - 2009; Audit Risk Alerts, American Institute Of Certified Public Accountants

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik

Faculty Publications

Four years ago at the age of 34, I heard the awful words "I'm sorry, but you have breast cancer" coming from my doctor. After the initial shock of the diagnosis wore off, I like many others who have faced life-threatening diseases began to work with a team of physicians to develop an appropriate treatment plan, which included contemplating enrollment in a clinical trial. Quite unexpectedly, my position as an intellectual property professor whose scholarship focuses primarily on information control, my role as a member of my university's Institutional Review Board that oversees studies involving human subjects, and my newly …

A Longitudinal Examination Of The Contribution Of Perceived Motor Competence And Actual Motor Competence To Physical Activity In 6 To 9 Year Old Children, Fleur Mcintyre

Theses

This study examined the relationship between perceived motor competence, actual motor competence and physical activity. In particular, it aimed to identify the impact of perceived motor competence (PMC), actual motor competence (AMC), and age and gender on the physical activity levels of young children. A number of factors have been identified as key contributors to children’s physical activity levels. However, there had been little investigation into their developing impact and subsequent relationship with emergent physical activity levels, particularly in the younger primary age groups.

Physical activity, AMC and PMC measures were collected from 6-, 7-, 8-, and 9-year-old boys and …

Moral Enquiry In A Pluralist Society: From Contention To Conversation, Philip Matthews

Theses

Over the last five hundred years, several conceptually incommensurable theories of ethics have been promulgated. For some moral philosophers, this incommensurability is a matter of deep concern because, in complex cases, there is no tradition-independent method for resolving moral conflict. More recently, a new discipline of applied or practical ethics has emerged. Practical ethics attempts to fill the void between rival moral theories by appealing, first, to the role of reason from an impartial observer perspective and, second, to decision making protocols based on moral principles. This ―first generation‖ attempt at codifying practical ethics failed to bridge the incommensurability gap …

Fighting Against Biopiracy: Does The Obligation To Disclose In Patent Applications Truly Help?, Jacques De Werra

Vanderbilt Journal of Transnational Law

In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the source of those resources and provide evidence that the prior informed consent of the local owners of such resources has been obtained and that benefit-sharing agreements have been entered into with those owners.

This Article argues that a legal discussion of biopiracy should analyze the obligation to disclose the use of traditional knowledge and genetic resources in an invention …

The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Robert J. Delahunty, Antonio F. Perez

Vanderbilt Journal of Transnational Law

The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in international law that began with NATO's 1999 intervention in Kosovo. NATO'S intervention called into question the authority and viability of the UN Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt another blow to the post-War legal rules and institutions for controlling and mitigating great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for destabilizing the international …

Advertising Obesity: Can The U.S. Follow The Lead Of The Uk In Limiting Television Marketing Of Unhealthy Foods To Children?, David Darwin

Vanderbilt Journal of Transnational Law

Childhood obesity has tripled in the U.S. since the 1970s, and television advertisement of unhealthy foods has been linked to the unhealthy eating habits of children. The United Kingdom, facing a similar problem, promulgated regulations in 2007 banning the advertisement of foods high in fat, sodium, and sugar during programming directed at children below age 16.

In the U.S., industry representatives, public policy advocates, and government officials are debating whether to rely on self-regulation efforts or to implement government-established guidelines. Industry representatives argue that government guidelines would do little to solve the childhood obesity problem and that the UK regulations …

You Get What You Pay For?: Rethinking U.S. Organ Procurement Policy In Light Of Foreign Models, J. Andrew Hughes

Vanderbilt Journal of Transnational Law

The U.S. organ transplant system is in crisis due to the paucity of transplantable organs. Such a shortage exists because otherwise viable organs are too often buried along with the bodies in which they reside. Organs are wasted because the existing U.S. organ transplant system sets up barriers to organ donation--chiefly the legal presumption of unwillingness to donate ("voluntary donation') and the National Organ Transplant Act's ban on the transfer of organs for valuable consideration. This Note surveys the qualified successes of Austria, Belgium, Brazil, and France with their various "presumed consent" models of organ procurement. It also considers other …

A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares

Vanderbilt Journal of Transnational Law

The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends Case Type, Party Identity, Income Level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators' notorious decisions, that biased …

Strengthening International Regulation Through Transnational New Governance: Overcoming The Orchestration Deficit, Kenneth W. Abbott, Duncan Snidal

Vanderbilt Journal of Transnational Law

A new kind of international regulatory system is spontaneously arising out of the failure of international "Old Governance" (i.e., treaties and intergovernmental organizations) to adequately regulate international business. Nongovernmental organizations, business firms, and other actors, singly and in novel combinations, are creating innovative institutions to apply transnational norms to business. These institutions are predominantly private and operate through voluntary standards. The Authors depict the diversity of these new regulatory institutions on the "Governance Triangle," according to the roles of different actors in their operations. To analyze this complex system, we adapt the domestic "New Governance" model of regulation to the …

The Millennium Challenge Account: Influencing Governance In Developing Countries Through Performance-Based Foreign Aid, Rebecca Stubbs

Vanderbilt Journal of Transnational Law

The United States actively impacts the legal and political environments of developing countries through the Millennium Challenge Account (MCA). This new approach to foreign development aid presents both an incredible opportunity to encourage good governance as well as a serious danger of U.S. political agendas manipulating foreign aid to serve partisan interests. The MCA should seek to develop a nonpartisan strategy and focus primarily on pure rule of law, governance, and political freedom indicators and programming in order to maintain its current successes in improving the legal and policy environment of developing countries competing for MCA funding.

The direction and …

International Legal Responses To Kosovo's Declaration Of Independence, Jure Vidmar

Vanderbilt Journal of Transnational Law

On February 17, 2008, Kosovo declared independence. As of March 6, 2009, fifty-six states have recognized Kosovo's independence, while a number of states maintain that Kosovo's declaration of independence is illegal. There is no specific resolution calling for nonrecognition, yet whether an obligation of nonrecognition stems from UN Security Council Resolution 1244 is a highly disputed issue.

Resolution 1244 established an international territorial administration, affirmed Serbia's territorial integrity, and called for a political process leading to settlement of Kosovo's future status. Unlike in East Timor, the political process in Kosovo did not result in a prenegotiated path to independence, confirmed …

The Emperor Is Still Naked: Why The Protocol On The Rights Of Women In Africa Leaves Women Exposed To More Discrimination, Kristin Davis

Vanderbilt Journal of Transnational Law

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa entered into force in 2005. Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments. Now, fifteen years after it was conceived, the Protocol deserves a full assessment of the issues that it has faced in accession and will face in implementation. This Note analyzes the way in which the Protocol was developed and the effect the Protocol's language will have on its ability to achieve its …

Establishing An Aggressive Legal Framework For The Future Of Wind Energy In Europe, Tyler Hagenbuch

Vanderbilt Journal of Transnational Law

Europe is the world's frontrunner in wind energy, and European governments are committed to aiding renewable energy entrepreneurs and investors. In April 2009, the EU passed a new Climate Action Directive. The Directive set goals for both increased use of renewable energy and decreases in greenhouse gas emissions. Despite this legislative success, the Climate Action Directive was widely criticized as insufficient and ineffective. Indeed, there are numerous substantive concessions given to industry in the emission reduction portion of the Directive. Dissenters argued the weaknesses of the emissions reduction Directive squandered the EU's opportunity to be a world leader in energy …

"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro

Vanderbilt Journal of Transnational Law

This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices. The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts. In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation. While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental …

Strafford County 2008 Annual Report Of The Commissioners, Treasurer, Other County Officers And The Strafford County Delegation Strafford County, New Hampshire For The Year Ending December 31, 2008., 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.

The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock

Journal Articles

Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …

Response To Nicholas Boyle, O. Carter Snead

Journal Articles

Response to Nicholas Boyle’s talk “God, Sex, and America: From Decline of the Common Morality to the Emergence of a Global Ethical Life” at The Catholic University of America Center for Law, Philosophy and Culture’s Symposium “A Common Morality for the Global Age: In Gratitude for What We Are Given.”

Wildlifer's Log, Dave Willis

NRM Newsletter

No abstract provided.

Proportional Mens Rea, Stephen F. Smith

Journal Articles

This Essay makes the case for "proportional mens rea," a proportionality-based approach to mens rea selection. Proportional mens rea would provide proportionality safeguards that are otherwise entirely lacking in substantive criminal law and,as a practical matter, unavailable in constitutional law. Creating implied mens rea requirements, where necessary to ensure proportional punishment, is not a judicial usurpation of a legislative function. Rather, it is to take seriously the role that courts play, under both constitutional and substantive criminal law, to ensure that punishment "fits" the crime. Moreover, proportional mens rea would represent a needed counterweight to prosecutorial behavior whereas current doctrine …

Rounding Up The Usual Suspects: A Logical And Legal Analysis Of Dna Trawling Cases, David H. Kaye

Faculty Scholarship

Courts are beginning to confront a problem that has divided the scientific community - whether identifying a defendant by fishing through a database of DNA types to find a match to a crime-scene sample reduces the significance of a match. For years, the problem seemed academic. Now that the U.S. has more than five million DNA profiles from convicted offenders and suspects in a national, computer-searchable database, the question has assumed more urgency. Increasingly, individuals are being charged with crimes as a result of a match between their recorded profile and the DNA from a victim or scene of a …

Cross-Linguistic Universals In Reading Acquisition With Applications To English-Language Learners With Reading Disabilities, Brenda K. Gorman

Speech Pathology and Audiology Faculty Research and Publications

There is a considerable gap in English reading achievement between English-language learners and native speakers in the United States. Differentiation of whether English language learners’ struggles are symptomatic of reading disability or related to second language acquisition is often challenging. These issues highlight the need for increased insight into reading development and disability in this population. The purpose of this article is to provide an overview of cross-linguistic universals in reading acquisition, how reading disabilities manifest in various languages, and whether diagnostic and instructional approaches that are effective for native English speakers are also appropriate for English-language learners. Recommendations for …

The Impact Of College Recreation Center Renovation On Overall Participant Utilization And Frequency, James R. Kilchenman

Browse all Theses and Dissertations

The purpose of this research study was to investigate changes in student utilization of a campus recreation center following a two-year renovation project that added 3,500 square feet to the existing facility. The variables studied for this investigation were the recreation center user age, class level, ethnicity, and sex. Data for this study were collected though activity reports produced when users swiped their University ID cards for admission to the recreation center. Overall there was a 189% increase with unique users following the renovation project. Mean student uses also increased for most variable categories, most notably with freshman and sophomore …

The Copyright Revision Act Of 2026, Jessica Litman

The Honorable Helen Wilson Nies Memorial Lecture

Congress may be persuaded to embark on a new round of copyright revision. If history is any guide, a revised copyright law is likely to be longer, broader, more complicated and less flexible than the one we have now. Before committing ourselves to that enterprise, Prof. Litman suggests we take the opportunity to imagine what the copyright system might look like if we were free to write on a blank slate. We should enact a statute that is much shorter and simpler, that gives creators a larger share of copyright goodies and distributors a smaller one, and that builds in …

Religious Freedom, Church Autonomy, And Constitutionalism, Richard W. Garnett

Journal Articles

Our topic at this symposium is "religion, the state, and constitutionalism"-not "the Constitution," or "the First Amendment," but "constitutionalism." Countless conferences, cases, books, and articles have wrestled with one version or another of the question, "how does our Constitution, with its First Amendment and its religion clauses, promote, protect, or perhaps restrain religion?" We are considering, it seems to me, a question that is different, and that is different in interesting and important ways: What are connections between religion and religious freedom, on the one hand, and constitutionalism, on the other?

Rethinking The Legality Of Colombia's Attack On The Farc In Ecuador: A New Paradigm For Balancing Territorial Integrity, Self-Defense And The Duties Of Sovereignty, Frank Walsh

Pace International Law Review

No abstract provided.

International Trade And World Health Policy: Helping People Reach Their Full Potential, Phillip Countryman

Pace International Law Review

No abstract provided.

Testing Modern Trademark Law's Theory Of Harm, Mark P. Mckenna

Journal Articles

Modern scholarship takes a decidedly negative view of trademark law. Commentators rail against doctrinal innovations like dilution and initial interest confusion. They clamor for clearer and broader defenses. And they plead for greater First Amendment scrutiny of various applications of trademark law. But beneath all of this criticism lies overwhelming agreement that consumer confusion is harmful. This easy acceptance of the harmfulness of confusion is a problem because it operates at too high a level of generality, ignoring important differences between types of relationships about which consumers might be confused. Failure to differentiate between these different relationships has enabled trademark …