Digital Commons Network^™

Status Bound: The Twentieth Century Evolution Of Directors’ Liability, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article examines scholarly debates and judicial decisions, ranging from the turn of the twentieth century to its end, about the appropriate status of directors and the standard of liability that each status carried—specifically in situations involving allegations of breaches of the duty of care. I argue that during the course of the twentieth century, jurists moved from viewing directors as trustees, to describing directors as representatives of the shareholders, to holding that directors were mere agents of shareholders who typically served as passive principals. Each of these descriptions corresponded to a particular understanding of the role of corporations in …

The University Of Mississippi's Role In The Presidential Election, Sara Ann Ralph

Honors Theses

There are many ways to survey a population and analyze the data. Our research applies these techniques to a real world situation, specifically the out come of the 2008 Presidential Election. We will examine current sampling techniques, as well as look at past presidential predictions. Then we will con duct our own survey on the Oxford Campus of the University of Mississippi in an attempt to see what will have an effect on the voting patterns of the population.

Dissection Of Ncad12: Distinctive Characteristics Of Domains 1 And 2, Brittany Nicole Rogers

Honors Theses

The cadherin superfamily of cell surface adhesion molecules have long been recognized for their crucial roles in morphogenesis, and controlled growth and turnover in adult tissues. Neural cadherins (NCAD) are involved in the cell to cell adhesion of neural tissue. Neural cadherin molecules share a common structure with the members of its superfamily including an amino terminal extracellular region, a transmembrane region and a carboxyl-terminal cytoplasmic region. It contains five folded domains in its extracellular region that are seven strand B-barrel modules of the immunoglobulin type. These modular domains are then connected by a seven amino acid sequence known as …

Accounting For Negative Goodwill Arising From Business Combinations, Jere Matthews Sights

Honors Theses

The purpose of this study is to determine both the long-term and short-term effects of negative goodwill- the result of acquiring a company for less than its fair valueupon the acquiring company in a business combination, researcher hypothesizes that while the new accounting standard of SFAS 141R will make acquiring companies more attractive to stakeholders in the year of acquisition, the long term effects of acquiring negative goodwill will be detrimental to the company's long-term success, as there has to be some reason that a company would be sold for less The than it is worth. The study takes into …

Ceo Postings - Leveraging The Internet's Communications Potential While Managing The Message To Maintain Corporate Governance Interests In Information Security, Reputation And Compliance, Margo Reder

DePaul Business & Commercial Law Journal

No abstract provided.

Fiduciary Duties Of Credit Union Directors In The Merger Context, Joseph S. Melchione, Timothy I. Oppelt

DePaul Business & Commercial Law Journal

No abstract provided.

The Multiple Purposes Of Bankruptcy: Restoring Bankruptcy's Social Insurance Function After Bapcpa, Sean C. Currie

DePaul Business & Commercial Law Journal

No abstract provided.

Table Of Contents, Depaul College Of Law

DePaul Business & Commercial Law Journal

No abstract provided.

Back To The Basics: Leaving The Hanging Paragraph Hanging, Nicholas M. Hudalla

DePaul Business & Commercial Law Journal

No abstract provided.

Lifting The Floor: Sex, Class, And Education, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

This paper was written for a conference on third wave feminism. Third wave feminism recognizes the importance of "raising the floor," and this paper - from two second wave feminists - helps in developing an agenda for achieving that goal. After a brief exploration of two different models that we label "red families" and "blue families," this paper makes two critical points: first, it correlates the different models to the varying approaches to parental leave laws; and second, it expands our discussion of women and care beyond the workplace and child care, exploring what contributes to women's ability to care …

Cases And Materials On Patent Law, Martin J. Adelman, Randall R. Rader, John R. Thomas

GW Law Faculty Publications & Other Works

This casebook provides a thorough overview of the fundamentals of U.S. patent law. The book is organized in fourteen chapters. The casebook starts with the current statute in Title 35 of the United States Code. It then considers the requirement of “usefulness” necessary to receive patent protection. The book proceeds to explain the requirement of “novelty” as well as the “nonobviousness standard.” The book also examines the various roles of the United States Patent and Trademark Office (“USPTO”), as well as the basics of the patent acquisition process.

After its discussion of the USPTO, the book provides an overview of …

The New Federal Corporation Law?, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Could a preemptive federal incorporation law today assume the enabling character of traditional state corporation law, instead of the mandatory flavor typical of much federal securities regulation? Does global competition mean that the US should both preempt state corporation law and adopt a flexible, principles-oriented approach to business regulation? This essay, commenting on Robert Ahdieh’s Trapped in a Metaphor: The Limited Implications of Federalism for Corporate Governance, shows how this surprising approach is plausible and may be desirable but also that it is not politically likely in the current environment. The intellectual basis for a preemptive, enabling, and flexible federal …

The Three Or Four Approaches To Financial Regulation: A Cautionary Analysis Against Exuberance In Crisis Response, Lawrence A. Cunningham, David T. Zaring

GW Law Faculty Publications & Other Works

Unprecedented interest in financial regulation reform accompanies the nearly-unprecedented scale of financial calamity facing the world. Dozens of elaborate reform proposals are in circulation, most determined to revolutionize financial regulation. No doubt, the crisis makes reevaluation essential, but we contribute a cautionary analysis amid the exuberant atmosphere. Reforms should not discount the value of traditional financial regulation, overlook the functional regulatory reform that has already occurred, or overstate ultimate differences between contending reform proposals. Despite proliferation of dozens of reform proposals, our analysis leads us to conclude that there are ultimately only three or four principal alternatives: (1) the traditional …

Treatment Differences And Political Realities In The Gaap-Ifrs Debate, Lawrence A. Cunningham, William W. Bratton

GW Law Faculty Publications & Other Works

The Securities Exchange Commission has introduced a Roadmap that describes a process leading to mandatory use of IFRS by domestic issuers by 2014. The SEC justifies this initiative on the grounds that global standardization yields cost savings and an ultimate gain in comparability, facilitating the search for global opportunities by U.S. investors and making U.S. capital markets more attractive to foreign issuers.

This paper enters an objection, noting that the stakes include more than the choice of the framework for standard setting. The accounting treatments themselves are at issue, treatments that for the most part concern domestic reporting firms and …

Wrong Incentives From Financial System Fixes, F. Scott Kieff, Stephan Harber

GW Law Faculty Publications & Other Works

Few doubt the seriousness of the recent crisis afflicting the financial systems of the United States and the world. Few claim that nothing needs to be fixed. And few have missed the major debates about what types of solutions are best - often conducted at high volume, intensity, and frequency. So rather than try to add to one side or the other of the well-rehearsed arguments about each type of proposed reform, we try to refocus the analysis on some core incentives: when the basic rules of the game are changing, property rights and the rule of law are too …

The Case For Preferring Patent-Validity Litigation Over Second-Window Review And Gold-Plated Patents: When One Size Doesn't Fit All, How Could Two Do The Trick?, F. Scott Kieff

GW Law Faculty Publications & Other Works

Complaints about frivolous patents abound in academic, business, and policy circles, and the focus of blame is usually on the large number of junk patents that have issued from the Patent Office that are actually invalid. The underlying cause is said to be the relatively modest examination performed by the Patent Office. Most popular proposals for change suggest methods for segregating patents into two or so bundles based on whether the patents should be subject to closer examination. A so-called “second window of review” has been proposed to allow competitors to make the choice of which patents get closer examination; …

Comment On Intellectual Property, Concentration And The Limits Of Antitrust In The Biotech Seed Industry, F. Scott Kieff

GW Law Faculty Publications & Other Works

This comment was filed with the Department of Justice Antitrust Division on December 31, 2009, as "Comments Regarding Agriculture and Antitrust Enforcement Issues in Our 21st Century Economy" in response to the DOJ/USDA request for public comments for the agencies' joint workshops on antitrust issues in the agricultural sector.

Regarding firm size and integration, it must be kept in mind that the agriculture industry in the U.S. has, for good reasons, moved beyond the historic, pastoral image of small family farms operating in quiet isolation, devoid of big business and modern technologies. The genetic traits that give modern seeds their …

Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel

GW Law Faculty Publications & Other Works

The South African Constitution recognizes socio-economic rights as a necessary foundation for the enjoyment of civil and political rights. The South African Constitution, one of the most progressive in the world, contains many important protections such as the rights to equality, housing, and education. The Broad-Based Black Economic Empowerment Law (BEE) was designated to address the economic inequities of apartheid. South Africa’s commitment to economic justice is also evidenced by the fact that it is a signatory to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The challenge is translating these rights into opportunities for social and economic …

The Second American Revolution In The Separation Of Powers, David Fontana

GW Law Faculty Publications & Other Works

The American Constitution creates three branches of government and ensures that there will be sufficiently great amounts of ideological diversity among these branches of government. Despite this regime ensuring external heterogeneity, the American system, uniquely among the world's major constitutional democracies, rarely creates the same degree of heterogeneity at the highest levels of the Executive Branch that it does among the highest levels of the various branches of government. This Article discusses the distinctiveness of the homogeneous high-level American Executive Branch and the events that led to such a situation. At the first key moment defining the separation of powers …

The Imperialism Of American Constitutional Law, David Fontana

GW Law Faculty Publications & Other Works

This Book Review examines the ways in which comparative constitutional law scholarship has, to this point, been dominated by the same concerns and issues which predominate domestic American constitutional law scholarship.

Hands Off: When And About What, Kent Greenawalt

Faculty Scholarship

I was very pleased to have the chance to comment on these four thoughtful and challenging papers when they were delivered orally at the Association of American Law Schools (AALS) Convention in January, and I am glad to have the opportunity to share some of my unsystematic thoughts about their published versions. I begin with two general observations before addressing the individual essays in turn.

When I came up with the phrase "Hands Off' to liven the title of my article on judicial resolutions of property disputes generated by splits in religious groups, I had not reflected on the wide …

Radiative Transfer Theory Applied To Ocean Bottom Modeling, Lisa M. Zurk, Jorge Quijano

Electrical and Computer Engineering Faculty Publications and Presentations

Research on the propagation of acoustic waves in the ocean bottom sediment is of interest for active sonar applications such as target detection and remote sensing. The interaction of acoustic energy with the sea floor sublayers is usually modeled with techniques based on the full solution of the wave equation, which sometimes leads to mathematically intractable problems. An alternative way to model wave propagation in layered media containing random scatterers is the radiative transfer RT formulation, which is a well established technique in the electromagnetics community and is based on the principle of conservation of energy. In this paper, the …

A Comparison Of Development Times For Protophormia Terraenovae (R-D) Reared On Different Food Substrates, J.-A. Warren, G. S. Anderson

Faculty Research, Scholarly, and Creative Activity

Experiments were conducted to determine whether a specific larval substrate impacted immature development rates. Protophormia terraenovae was raised on beef organs and compared with whole carcasses (rat), to determine if discrepancies in development times were observed. The minimum development time on beef liver was the most consistent with the rat carcass but a significant difference between all substrates was found after the third instar. These differences can be explained by the differences found between heart and muscle and the other substrates. Often length of the larvae is used to estimate insect age and so Day 2 measuring of weight, length, …

Cognitive Modeling Analysis Of Decision-Making Processes In Young Adults At-Risk And Not At-Risk For Alcohol Dependence, Lori Anne Wagner

Graduate Dissertations and Theses

This study used the Valence-Expectancy Learning model, a mathematical cognitive model, to dissect young adult performance on the Iowa Gambling Task (IGT). Drinking behavior and monetary incentive were examined as predictors of performance on the IGT. No differences were found among groups when data were analyzed using traditional behavioral analyses. However, when the Expectancy-Valence Learning model was applied to the data, differences between groups were found related to attention and choice consistency. Importantly, the cognitive model was not a good fit for fifty-seven percent of the data, meaning that it did not succeed in explaining how the participants' choices were …

Series Description, John Rybolt, C.M.

Annales de la Congregation de la Mission

No abstract provided.

U.S. Class Actions And The "Global Class", George A. Bermann

Faculty Scholarship

Robert Casad's articles on comparative civil procedure were among the first comparative law pieces that caught my eye when, as a freshly-minted associate at a leading New York law firm, I found myself leafing through comparative law journals, rather than amassing billable hours. I had no idea then that comparative law could be as fascinating as I have come to find it, certainly not in a field like civil procedure where the dividends of comparative law work were by no means obvious to me. (Comparative law was not even taught in any guise at Yale Law School in the late …

Modern Usury: The Moral Challenge Of Credit Cards In Light Of Catholic Teaching And Practice In The Past And The Present, David R. Smoker

School of Theology and Seminary Graduate Papers/Theses

No abstract provided.

An Exegesis Of 1 Corinthians 12:31 - 13:1-3, Gregory Congote Osb

School of Theology and Seminary Graduate Papers/Theses

At the presentation on 1 Corinthians, I wondered why the Apostle Paul had written this piece that did not seem to be connected to the whole letter. This paper gives response to this question. The first part talks about the basic historical, social, cultural and literary contexts of the passage. The second, which is the formal analysis, considers the literary genre and the literary form of the passage, its structure and its movement. That is, how the text flows from beginning to end. The detailed analysis is a verse-by-verse discussion of 12:31 to 13:1-3. At the end there is a …

Ego Eimi Formula And A Sense Of Continuity In John’S Gospel Chapter Sixth (Jn 6: V.20, Vss.35-58), John Changjin Bai

School of Theology and Seminary Graduate Papers/Theses

This paper examines John’s Gospel chapter six (vs.20, vss.35-58) in light of the formula “ego eimi” (“I am”) that occurs four times within it. The formula shapes the content of chapter six and gives continuity to the two sections (vss.35-50 and vss.51-58) that have generated theological disagreements. My goal is to demonstrate that the sacramental perspective implicit in the first section is made explicit in the second with ego eimi being the hinge in vs.51. Ego eimi will be shown as revelatory and as developing the eucharistic and sapiential themes of chapter six (vs. 20, vss. 35-58).

The Relationship Between Cooperative Learning And Physics Achievement In Minority Students, Victor Chester

Walden Dissertations and Doctoral Studies

Minority students lag Caucasian students in science performance and are underrepresented in the fields of science and technology. It is therefore pivotal for minorities, African American and Hispanic students, to show improved performance in science education. The purpose of this study was to investigate the impact of cooperative learning strategy on physics achievement by high school minority students. Constructivism formed the theoretical framework for the study. Independent learning, the traditional strategy, and cooperative learning dyads, the novel intervention, were the independent variables, and the dependent variable was achievement in physics. A repeated measures design and a convenient sample group of …