Digital Commons Network^™

Building A Business: Baker & Associates Cpa, Heath Baker

Honors Program Theses

Baker & Associates CPA is a start-up accounting firm that will offer traditional accounting services and business consulting. Located in Orange City, Iowa, Baker & Associates CPA will provide tax, audit, bookkeeping, payroll, business consulting, and financial planning services. Because of the owner, Heath Baker's, tax experience and the local market's demand for tax services, Baker & Associates CPA's core service will be tax. Baker & Associates CPA will be entering a fragmented industry that is in the growth stage. It has low barriers to entry, competes primarily on quality of service, and has fairly constant demand. By providing value …

Engagement In The Workplace: Incorporating Athletic Team Characteristics Into The Business Community In An Effort To Alleviate Male Disengagement, Matthew J. Bries

Honors Program Theses

This paper will focus on the idea of leveraging athletic team characteristics within the workplace in an attempt to alleviate disengagement amongst males. In order to understand what this disengagement is and how to alleviate it, three central themes, motivation and its relationship with engagement, engagement itself, and the power of identification in organizational engagement, will be discussed. Lastly, recommendations developed from a synthesis of engagement and athletic research will be presented.

Building Intellectual Property Coalitions For Development, Peter K. Yu

Faculty Scholarship

The adoption of the WIPO Development Agenda in October 2007 has provided less developed countries with a rare and unprecedented opportunity to reshape the international intellectual property system in a way that would better advance their interests. However, if these countries are to succeed, they need to take advantage of the current momentum, coordinate better with other countries and nongovernmental organizations, and more actively share with others their experience, knowledge, and best practices.

Commissioned by the EDGE (Emerging Dynamic Global Economies) Network of the University of Ottawa, this paper begins by explaining how building intellectual property coalitions for development (IPC4D) …

Cuotas Y Tasa Suplementaria En El Sector Lácteo En Cataluña [Quota And Super Levy In The Cow Milk Sector], Vanessa Casado-Pérez, Anna Ginès-Fabrellas, Patricia Gómez-González, Aroa Saiz-Jiménez

Faculty Scholarship

El Reglamento 856/84/CE instaura en el seno de la Unión Europea el régimen de cuotas lecheras y tasa suplementaria, con la finalidad de restringir la producción de leche de vaca. Dicha limitación al libre mercado ha afectado al precio de la leche y ha generado transformaciones importantes en la estructura productiva del sector ganadero catalán. Actualmente se debate la posibilidad de la supresión del régimen de cuotas lecheras y tasa suplementaria. La supresión de esta medida proteccionista conllevaría un aumento de la producción, una caída en el precio y una mayor intensificación de las explotaciones ganaderas. El objetivo de este …

The 60th Anniversary Of The Prc: A Retrospective On The Chinese Legal System – Introduction, Benjamin L. Liebman

Faculty Scholarship

Since its establishment in 1987, the Columbia Journal of Chinese Law and its successor, the Columbia Journal of Asian Law, have played an important role in publishing English language scholarship about the law of China and Asia. An important part of this mission has been the publication of scholarship not only by scholars in the United States and Europe, but also by scholars from China and elsewhere in Asia. I am delighted that this special edition of the Journal, marking the sixtieth anniversary of the establishment of the People's Republic of China and thirty years of legal reforms in China, …

Religious Law Schools: Tension Between Conscience And Academic Freedom, Kent Greenawalt

Faculty Scholarship

My comments this afternoon are responsive to John Garvey’s Presidential
Address on Institutional Pluralism at last year’s meeting. The gist of his
address, delivered gracefully, undogmatically, and persuasively, is that it may
be desirable to have law schools that are devoted substantially to particular
endeavors and points of view. Dean Garvey mentioned law schools that
concentrate on teaching particular subjects, such as law and economics, or
training for geographical areas, such as northern New York, or preparing
for forms of practice, such as clinical work, or helping a particular group of
potential lawyers, such as African‑Americans, or reflecting a special …

The Cultural Defense: Reflections In Light Of The Model Penal Code And The Religious Freedom Restoration Act, Kent Greenawalt

Faculty Scholarship

I wrote this essay after participating in a 2006 workshop on Criminal Law and Cultural Diversity, which discussed, among other subjects, the wisdom of providing a "cultural defense." Uncertain just how far such a defense might expand on defenses already available, I undertook to explore that topic.

The phrase "a cultural defense" suggests an either/or choice that any legal system might make. That matters are much more complex than this is part of the burden of this essay. A "cultural defense" in its most general sense refers to a wide range of ways in which evidence about a defendant's cultural …

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 …

"Say On Pay": Cautionary Notes On The U.K. Experience And The Case For Shareholder Opt-In, Jeffrey N. Gordon

Faculty Scholarship

Shareholder and public dissatisfaction with executive compensation has led to calls for an annual shareholder advisory vote on firms’ compensation practices and policies, so-called “say on pay.” Proposed federal legislation would mandate “say on pay” generally for U.S. public companies. This Article assesses the case for such a mandatory federal rule in light of the U.K. experience with a similar regime adopted in 2002. The best argument for a mandatory rule is that it would destabilize pay practices that have produced excessive compensation and that would not yield to firm-by-firm pressure. This has not been the U.K. experience; pay continues …

Short Selling And The News: A Preliminary Report On Empirical Study, Merritt B. Fox, Lawrence R. Glosten, Paul C. Tetlock

Faculty Scholarship

No subject in securities regulation has generated more heat and less light than short selling. A short sale is the sale of a share that is borrowed from a third party rather than owned by the seller. At a later time, the short seller extinguishes her obligation to this third party by “covering” – purchasing an identical share in the market and then returning it to the third party. If the share price drops, the cost of covering will be less than the proceeds received earlier from the sale and the short seller will make money. Politicians and CEOs rail …

Tall Fescue (Lolium Arundinaceum (Schreb.) S.J. Darbyshire) Cultivar Performance In The Central California Coastal Region, Seril Shimizu

Master's Theses

Tall fescue (Lolium arundinaceum (Schreb.) S.J. Darbyshire) has long been known as a turfgrass that utilizes lower levels of inputs than most other cool season turfgrasses (Turgeon, 2005). In recent years, turf breeders have been selecting for cultivars of tall fescue that have finer leaf textures. As the use of tall fescue expands, consumers want to now what cultivar to use and how to manage it. This study looked at 18 tall fescue cultivars grown at two mowing heights of five and 10 centimeters and evaluated plant quality based on stand density, leaf texture, and genetic plant color. In the …

Homes With Tails: What If You Could Own Your Internet Connection?, Derek Slater, Tim Wu

Faculty Scholarship

In this paper, we propose and describe a new way to encourage broadband deployment. Most proposals have focused on deployment as a problem for firms and for government. Firms that provide broadband service question how a company can justify investments in a fiber infrastructure without a "killer app" that provides a new and proven revenue source different from what is available from existing copper wires. Governments question how they might build and operate their own networks, convince or pay existing carriers to do so, or encourage new market entrants to arrive and save the day.

We believe an innovative …

Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe

Faculty Scholarship

Foreign relations law serves as an internal constraint on the unilateral exercise of foreign relations powers through the distribution of authority within the national government. Given the predominance of the executive branch in foreign affairs, courts routinely resolve questions regarding the breadth of the executive's authority by reference to the Constitution, legal precedent, historical practice, and functional considerations. Though courts generally focus on these domestic factors, they have been historically quite sensitive to the international political implications of their decisions. But we don't have a clear understanding of how or when courts consider international politics in resolving foreign relations law …

The Un Charter – A Global Constitution?, Michael W. Doyle

Faculty Scholarship

Is the UN Charter a constitution? Answering that question depends on what we mean by a constitution and to what alternative we are contrasting a constitution.

If the relevant contrast is to the U.S. Constitution – the constitution of a sovereign state – the answer is clearly no. The United Nations was not intended to create a world state. As the Charter's preamble announces, it was created for ambitious but specific purposes: “to save succeeding generations from the scourge of war,” to “reaffirm faith in fundamental human rights,” to “establish conditions under which justice and respect for the obligations arising …

Analysis And Design Of Continuous Input Current Multiphase Interleaved Buck Converter, Sean Michael Zich

Master's Theses

The power requirements for microprocessors have been increasing per Moore's Law. According to International Technology Roadmap (ITRS), Voltage Regulator Module (VRM) for microprocessors will be about 200 W at 1 V output in 2010. With the VRM’s topology of synchronous buck, serious technical challenges such as small duty cycle, high switching frequencies, and higher current demands, contribute to decreased power density and increased cost.

This thesis proposes a Continuous Input Current Multiphase Interleaved Buck topology to solve the technical challenges of powering future microprocessors. This new topology is aimed to improve past topologies by providing continuous input current and improved …

The Effects Of Aging On Muscle Loss And Nuclear Factor Kappa-B Levels In Rats Fed A Diet Containing Suboptimal Leucine Levels, Corinne Rose Kohlen

Master's Theses

Loss of muscle due to aging is often associated with significant detrimental effects. Therefore, it is crucial to understand signaling molecules that may trigger the muscle loss or prevent the process. The transcription factor, Nuclear Factor Kappa-B (NF-κB), is associated with both catabolic and anabolic pathways of muscle metabolism and may be involved in age-related muscle loss. Leucine is an essential amino acid that is required for both protein synthesis and intracellular signaling pathways that regulate protein synthesis and degradation. The current study examined muscle NF-kB levels in male Sprague-Dawley rats, aged 6 (adult) and 21 months (old) fed a …

Lean Erp Systems: Existence And Viability In Today's Manufacturing Industry, Miroslav Djuric

Master's Theses

This thesis evaluates the existence and viability of lean ERP systems in today’s manufacturing industry. Results from the research show that current practitioners of lean – who also utilize ERP systems – do not have a strong enough link between the two to consider their ERP systems, and overall organizations, as being truly lean.

Few articles and research papers in today’s body of knowledge contain information on the concept of lean ERP. A survey, sent to numerous industry professionals and posted on lean manufacturing websites, provided the results necessary for statistical analysis. The conclusions obtained from this survey analysis provided …

Programming And Conceptual Design Using Building Information Modeling, Mary-Alice Avila

Master's Theses

This thesis explores the benefits of using Building Information Modeling (BIM) during the programming and conceptual design phase of a project. The research was based on a case study undertaken dealing with the decisions and assumptions made during the design phases of the Center for Science at Cal Poly San Luis Obispo. The project team used a traditional approach to project plan development. The finding of this study was that the project process would have greatly benefited utilizing BIM tools and a collaborative team approach in the programming and conceptual design phase. Because decisions made early in the project have …

A Study Of The Seismic Performance Of Early Multi-Story Steel Frame Structures With Unreinforced Masonry Infill, Kristin Potterton

Master's Theses

Steel frame construction with unreinforced masonry infill walls is a common system found in high-rise structures built in the late nineteenth and early twentieth centuries. Recorded performance of this dual system during seismic events shows that the structures are able to resist a high level of lateral loads without collapse, primarily because a majority of damage is confined to the infill walls instead of the gravity carrying frame. To better understand expected performance of this structural system in different seismic risk regions, a prototypical building was analyzed using modal and nonlinear static procedures based on currently accepted evaluation guidelines. Nonlinear …

The Fruiting And Berry-Chemistry Responses Of Zinfandel Grapes To Cluster Thinning, Cameron John Mauritson

Master's Theses

A field experiment was conducted in the Rockpile appellation of Sonoma County during 2007 and 2008. The experimental design was a randomized complete block with five replicates. Zinfandel vines were subjected to three levels of cluster thinning during the lag phase of berry growth: vines were thinned to 2 clusters per shoot with shoulders retained if present (2CS), 1 cluster per shoot with shoulders retained if present (1CS), or 2 clusters per shoot with shoulders removed if present (2CNS).

Cluster thinning Zinfandel grapevines during lag phase led to reductions in yield and crop load and increased °Brix of the fruit. …

Abolishing The Time Tax On Voting, Elora Mukherjee

Faculty Scholarship

A “time tax” is a government policy or practice that forces one citizen to pay more in time to vote compared with her fellow citizens. While few have noticed the scope of the problem, data indicate that, due primarily to long lines, hundreds of thousands if not millions of voters are routinely unable to vote in national elections as a result of the time tax, and that the problem disproportionately affects minority voters and voters in the South. This Article documents the problem and offers a roadmap for legal and political strategies for solving it. The Article uses as a …

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 …

Why Civil Liability For Disclosure Violations When Issuers Do Not Trade?, Merritt B. Fox

Faculty Scholarship

Civil damages liability for securities law periodic disclosure violations has come under attack, particularly fraud-on-the-market class-action lawsuits for investor losses incurred in connection with trading in the secondary market when the issuer has not sold shares. The main line of attack has been the weakness of the compensatory rationale for such suits. Without a compensatory justification, the attackers suggest, the availability of this cause of action is hard to defend given the very substantial use of social resources involved in the litigation that it generates. The critics are right concerning the weakness of the compensatory justification for civil liability. They …

Happy Families? Translating Positive Psychology Into Family Law, Clare Huntington

Faculty Scholarship

Despite the well-documented finding in the field of positive psychology that close interpersonal relationships are significantly correlated with subjective well-being and thriving communities, scholars have yet to bring together positive psychology and family law. And what is family law if not the law of close interpersonal relationships? Positive psychology and related work have the potential to inform the what, the why, and the how of family law, but realizing the potential of positive psychology as a guide for family law involves challenges. In particular, it requires translating the descriptive science of psychology into the prescriptive policies of family law. This …

Introduction, George A. Bermann

Faculty Scholarship

Who would have imagined even fifteen years ago that a notion of "EU citizenship" would come to occupy center-stage in the arena of EU legal developments and widely permeate fields of EU law to which citizenship at the EU level long appeared to have little to say? By contrast, Member State citizenship lay at the heart of things from the start, as rights and obligations alike seemed to turn, at least largely, on whether an interested person bore the citizenship or nationality of a Member State.

Intervention To Stop Genocide And Mass Atrocities: International Norms And U.S. Policy, Matthew C. Waxman

Faculty Scholarship

The collective international failure to stop genocidal violence and resulting humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort …

A Unified Resource Platform For The Rapid Development Of Scalable Web Applications, Russell Palmiter

Master's Theses

This thesis presents Web Utility Kit (WUT): a platform that helps to simplify the process of creating modern web applications. It addresses the need to simplify the web development process through the creation of a hosted service that provides access to a unified set of resources. The resources are made available through a variety of protocols and formats to help simplify their consumption. It also provides a uniform model across all of its resources making multi-resource development an easier and more familiar task. WUT saves the time and cost associated with deployment, maintenance, and hosting of the hardware and software …

Familial Norms And Normality Colloquium Celebrating 25th Anniversary Of Feminism And Legal Theory Project, Clare Huntington

Faculty Scholarship

Social norms exert a powerful influence on families. They shape major life decisions, such as whether to marry and how many children to have, as well as everyday decisions, such as how to discipline children and divide household labor. Emotion is a defining feature of these familial social norms, giving force and content to norms in contexts as varied as reproductive choice, parenting, and same-sex relationships. These emotion-laden norms do not stand apart from the law. Falling along a continuum of involvement that ranges from direct regulation to choice architecture, state sway over social norms through their emotional valence is …

Secret Evidence And The Due Process Of Terrorist Detentions, Daphne Barak-Erez, Matthew C. Waxman

Faculty Scholarship

Courts across many common law democracies have been wrestling with a shared predicament: proving cases against suspected terrorists in detention hearings requires governments to protect sensitive classified information about intelligence sources and methods, but withholding evidence from suspects threatens fairness and contradicts a basic tenet of adversarial process. This Article examines several models for resolving this problem, including the "special advocate" model employed by Britain and Canada, and the 'Judicial management" model employed in Israel. This analysis shows how the very different approaches adopted even among democracies sharing common legal foundations reflect varying understandings of 'fundamental fairness" or "due process," …

Unf Journal Winter 2009, University Of North Florida

UNF Journal

A university periodical for alumni and friends of the University of North Florida.