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2010

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Optimal Antitrust Enforcement, Dynamic Competition, And Changing Economic Conditions, Keith N. Hylton, Haizhen Lin Jan 2010

Optimal Antitrust Enforcement, Dynamic Competition, And Changing Economic Conditions, Keith N. Hylton, Haizhen Lin

Faculty Scholarship

The recent financial crisis and recession provide an opportunity to reexamine the dynamic versus static efficiency tradeoff in antitrust enforcement policy. We examine implications of the optimal antitrust enforcement model when dynamic efficiency is incorporated. The “dynamic enforcement model” examined here provides a positive theory of Section 2 doctrine, some suggestions for modifying enforcement in light of its dynamic costs, and implies antitrust enforcers should put a greater weight on dynamic efficiency during recessions.

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The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel Jan 2010

The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel

Faculty Scholarship

This article explores the current organization of the South African bar and describes the legal education system and the licensing requirements for both attorneys and advocates, as well as those for foreign attorneys. Interspersed throughout the article are discussions of the system’s strengths and weaknesses, particularly in light of the transformation required after the end of apartheid, including some of the key challenges still facing South Africa.

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First Report Of Viral Pathogens Wssv And Ihhnv In Argentine Crustaceans, Sergio R. Martorelli, Robin M. Overstreet, Jean A. Jovonovich Jan 2010

First Report Of Viral Pathogens Wssv And Ihhnv In Argentine Crustaceans, Sergio R. Martorelli, Robin M. Overstreet, Jean A. Jovonovich

Faculty Publications

The pathogenic penaeid shrimp viruses white spot syndrome virus (WSSV) and infectious hypodermal and hematopoietic necrosis virus (IHHNV) are reported for the first time from Argentina. They both occurred in wild crustaceans in Bahia Blanca Estuary, with WSSV detected by polymerase chain reaction (PCR) or real time quantitative PCR (qPCR) methods as infecting samples as high as 56% of the penaeid Artemesia longinaris Bate, 1888, 67% of the grapsoid Cyrtograpsus angulatus Dana, 1851, and 40% of the introduced palaemonid Palaemon macrodactylus Rathbun, 1902. The highest detected copy number was 39,600 copies/mu g DNA. IHHNV was tested for using PCR in …

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Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?, Daniel A. Crane Jan 2010

Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?, Daniel A. Crane

Articles

During both economic crises and wars, times of severe national anxiety, antitrust has taken a back seat to other political and regulatory objectives. Antitrust enforcement has often been a political luxury good, consumed only during periods of relative peace and prosperity. In 1890, the Sherman Act's adoption kicked off the era of national antitrust enforcement. Barely three years later, the panic of 1893 provided the first major test to the national appetite for antitrust enforcement. Perhaps 1893 should not be included in the story: antitrust was still young, and it was not even clear that the Sherman Act applied to …

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Engendering Clinical Competencies In Physician Assistant Programs: A Mixed Study Of Marietta College's Student Assessment Of Learning And Professional Practice., William A. Childers Jan 2010

Engendering Clinical Competencies In Physician Assistant Programs: A Mixed Study Of Marietta College's Student Assessment Of Learning And Professional Practice., William A. Childers

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study involved the physician assistant clinical competencies. Marietta College Physician Assistant alumni were surveyed both quantitatively as well as qualitatively about how well engendered they became with the physician assistant competencies as a result of their completion of the program. Although data did show all competency means to be perceived as average in nature, several statistically significant differences were found when analyzed using demographic data. Recommendations for future research should compare the competencies and gender as well as reassess the weakest areas of each competency.

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The Effects Of A Phytogenic Feed Additive Versus An Antibiotic Feed Additive On Oxidative Stress In Broiler Chicks And A Possible Mechanism Determined By Electron Spin Resonance And The Effect Of Allopurinol, Uric Acid Sodium Salt Administration, And Inosine On Xanthine Oxidoreductase Activity And Plasma Uric Acid In Broilers., Tabatha L. Settle Jan 2010

The Effects Of A Phytogenic Feed Additive Versus An Antibiotic Feed Additive On Oxidative Stress In Broiler Chicks And A Possible Mechanism Determined By Electron Spin Resonance And The Effect Of Allopurinol, Uric Acid Sodium Salt Administration, And Inosine On Xanthine Oxidoreductase Activity And Plasma Uric Acid In Broilers., Tabatha L. Settle

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of the first study was to compare a phytogenic feed additive and an antibiotic feed additive when measuring oxidative stress in young broilers. Phytogenic feed additives are plantderived products used in poultry feeding to improve overall performance of broilers. Although the precise mechanism by which the increased growth rate is realized remains uncertain, these products have antioxidant components that are known to reduce oxidative stress. This is considered important in that reactive oxygen species (ROS), the causative factor of oxidative stress, can result in damage to biological systems within the bird. In this study, 588 one day-old Cobb …

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Applications Of Krische Allylation Towards Natural Product Synthesis., Melvin Rajaratnam Jan 2010

Applications Of Krische Allylation Towards Natural Product Synthesis., Melvin Rajaratnam

Graduate Theses, Dissertations, and Problem Reports (ETD)

A short asymmetric synthesis of the anti-cancer natural product Rugulactone has been attempted. The synthetic route begins with a mono-Krische allylation of 1,3-propane diol resulting in (S)-hex-5-ene-1,3-diol. Acylation followed by ring closing metathesis (RCM) led to the desired α-pyranone core. Similarly, we focused on the bis-Krische allylation, selective acylation and the RCM sequence towards total synthesis of various αpyranone natural products and their analogues. The progress toward this synthesis is described.

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A Modelling Study Of Horizontal Wells With Multiple Hydraulic Fractures In Low Permeability Formations., Abimbola Lightfoot-Boston Jan 2010

A Modelling Study Of Horizontal Wells With Multiple Hydraulic Fractures In Low Permeability Formations., Abimbola Lightfoot-Boston

Graduate Theses, Dissertations, and Problem Reports (ETD)

Due to the increasing global demand of oil and natural gas resources and the limited reserves of conventional reservoirs, the need for exploring untapped energy resources continues to become increasingly important than ever before, this has paved the way for oil and gas companies to explore low permeability reservoirs in recent years. Researchers and leaders in the industry have found that a decline in oil and gas production from conventional medium to high permeability formations have to be replaced by development and production of oil and gas from low permeability formations. Production from low permeability formations has been and continues …

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Enhanced Coal Bed Methane Production And Sequestration Of Carbon Dioxide In Unmineable Coal Seams., Camilo E. Calderon Jan 2010

Enhanced Coal Bed Methane Production And Sequestration Of Carbon Dioxide In Unmineable Coal Seams., Camilo E. Calderon

Graduate Theses, Dissertations, and Problem Reports (ETD)

The process of modeling reservoirs that are controlled by desorption such as Coal Bed Methane has always been challenging due to the complexities associated with flow of fluids in these types of reservoirs. These complexities become more notable while the injection process is taking place since interaction between the injected gas alters the coal properties with respect to time. This manuscript summarizes the results of a study that includes reservoir simulation and modeling efforts that are focused on natural gas production and subsequent CO2 injection into an unmineable coal seam in the Marshall Country West Virginia. Two coal seams (Pittsburgh …

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Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane Jan 2010

Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane

Articles

The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …

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An Engineer's Story: Ernst Behrend And The Hammermill Paper Company, The First Quarter Century., Scott W. Daley Jan 2010

An Engineer's Story: Ernst Behrend And The Hammermill Paper Company, The First Quarter Century., Scott W. Daley

Graduate Theses, Dissertations, and Problem Reports (ETD)

In 1898, Ernst Behrend arrived in America controlling approximately Z1,000,000 to build a paper mill. He and his father, Moritz Behrend, had secured investments from a small pool of German entrepreneurs who owned other paper mills in Prussia. The Behrend family had been among the pioneers in producing sulphite paper made from wood pulp rather than cotton rag, and they wanted to transfer the technology to America. Starting Hammermill Paper Company in America proved to be more demanding than planning had foretold. The sulphite process was successful, but the Behrends faced numerous challenges in their new business venture. Ernst Behrend, …

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Student And Faculty Perceptions Of The Quality Of Online Learning Experiences, Michael E. Ward, Gary Peters, Kyna Shelley Jan 2010

Student And Faculty Perceptions Of The Quality Of Online Learning Experiences, Michael E. Ward, Gary Peters, Kyna Shelley

Faculty Publications

Some faculty members are reluctant to offer online courses because of significant concerns relative to the impact of such formats on the quality of instruction, learning, and participant interaction. Faculty members from The University of Southern Mississippi implemented synchronous interactive online instruction (SIOI) in the spring of 2007. This article explores the rationale for use of the particular technology, faculty conclusions regarding implementation of the technology, and the impact of the technology on instruction and learning. Comparisons by students of the quality of the learning experience in this environment with the quality of learning in face-to-face and asynchronous online learning …

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"A Dog In That Fight": The United States And The Yugoslav Wars Of Succession, 1991-1999., James M. Depalma Jan 2010

"A Dog In That Fight": The United States And The Yugoslav Wars Of Succession, 1991-1999., James M. Depalma

Graduate Theses, Dissertations, and Problem Reports (ETD)

American leadership proved indispensable in resolving the Yugoslav wars of succession. Yet it would take time for the United States to accept the responsibilities of leadership. In 1991, the dissolution of Yugoslavia precipitated the wars of succession. The George H.W. Bush Administration permitted the European Community and the United Nations to direct international negotiations for the purpose of resolving the crisis. The Bush Administration's rationale was pragmatic in nature, represented by Secretary of State James Baker's infamous remark that the United States did not have "a dog in that fight. The Yugoslav wars of succession did not threaten vital American …

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Comparative Tax Law: Theory And Practice, Reuven S. Avi-Yonah, Guy Inbar, Omri Marian, Linneu Mello Jan 2010

Comparative Tax Law: Theory And Practice, Reuven S. Avi-Yonah, Guy Inbar, Omri Marian, Linneu Mello

Articles

On 3 October 2009, a Conference on Comparative Tax Law in Theory and Practice took place at the University of Michigan Law School. It was organized by Reuven Avi-Yonah (Professor, University of Michigan Law School) and Mathias Reimann (Editor, American Journal of Comparative Law and Professor, University of Michigan Law School), and was attended by Hugh Ault (Professor of Law, Boston College Law School), Victor Thuronyi (Senior Counsel, International Monetary Fund), Brian Arnold (Professor Emeritus, University of Western Ontario), William Barker (Professor, The Dickinson School of Law, Penn State), Michael Livingston (Professor, Rutgers School of Law-Camden), Carlo Garbarino (Professor of …

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On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin Jan 2010

On Death And Magic: Law, Necromancy And The Great Beyond, Eric J. Gouvin

Faculty Scholarship

Every now and then, our legal system interacts with the spirit world, whether by virtue of seances being used in establishing the defense in a criminal matter or being used by the prosecution to impugn the defendant, or because of the impact that ghosts may have on stigmatized property or by virtue of houses being built on cemeteries, like in the movie "Poltergeist." Our legal system has an uneasy relationship with the spirit world and this chapter in the book explores that relationship.

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How Important Are Perpetual Tax Savings?, James R. Hines Jr. Jan 2010

How Important Are Perpetual Tax Savings?, James R. Hines Jr.

Articles

State and local expenditure and tax revenue respond less to the business cycle than do federal spending and revenue, thereby reducing the countercyclicality of total government expenditure and revenue. This paper considers forces responsible for the cyclical pattern of state expenditure and revenue. Annual fluctuations in state personal income are associated with small changes in state spending and significant changes in tax receipts; receipt of federal grants is associated with greater state spending. Tax collections, and to a lesser degree expenditure, of larger states are more closely associated with annual income fluctuations than are the tax collections and expenditure of …

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Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran Jan 2010

Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran

Articles

In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his …

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New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley Jan 2010

New Law Complicates Foreclosure Sales In Texas., Katherine A. Tapley

St. Mary's Law Journal

A new law that recently took effect has changed the way non-judicial real property foreclosure sales work in Texas. The new law, known as House Bill 655 (HB 655), relates to foreclosure sales in Texas. HB 655 amends the language of Texas Property Code section 51.0075(f) dealing with when the purchase price is due at a foreclosure sale. The amendment, however, complicates foreclosure sales in Texas. The purchase price at the foreclosure sale is no longer due immediately. Instead, if a purchaser at a foreclosure sale requests additional time to deliver the purchase price, the trustee—the person conducting the foreclosure …

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Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey Jan 2010

Unequal And Unfair: Why Texas Should Require Mandatory Sales Price Disclosure To Reconcile The Texas Property Tax Code With The Texas Constitution., Nathan Morey

St. Mary's Law Journal

Appraisal districts in Texas are implementing a system of taxation that is unequal and unfair. Texas counties, cities, and school districts depend on local ad valorem property taxes for revenue. Under the Texas Property Tax Code, the Code establishes appraisal districts to determine the value of taxable property. There is, however, a discrepancy between the cash value of the land and its appraisal value, especially when compared to commercial property and residential property. Commercial property and high-end residential real estate are often undervalued by appraisal districts throughout the state. Because commercial properties are under-appraised, the tax burden is being unequally …

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Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney Jan 2010

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms., Susan Saab Fortney

St. Mary's Law Journal

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.

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If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson Jan 2010

If One Is Good, Two Must Be Better: A Comparison Of The Texas Standards For Appellate Conduct And The Texas Disciplinary Rules Of Professional Conduct., Edward L. Wilkinson

St. Mary's Law Journal

The Supreme Court of Texas and the Texas Court of Criminal Appeals adopted the Standards for Appellate Conduct (Standards) on February 1, 1999. The Standards are intended to “give practitioners a valuable tool to use with clients who demand unprofessional conduct” by imposing “an affirmative duty to educate the client about the Standards of Appellate Conduct.” The Standards further state they do not “alter existing standards of conduct under the Texas Rules of Disciplinary Procedure, or the Code of Judicial Conduct.” Under the Rules of Disciplinary Procedure, sanctionable conduct includes “acts or omissions…which violate one or more of the Texas …

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Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson Jan 2010

Hall's Standards Of Review In Texas Foreword., Wallace B. Jefferson

St. Mary's Law Journal

Abstract Forthcoming.

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Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum Jan 2010

Technical Problem: How City Of Dallas V. Dallas Morning News, Lp Exposed A Major Loophole In The Texas Public Information Act Comment., Alexander J. Yoakum

St. Mary's Law Journal

The Texas Public Information Act (TPIA) grants everyone a statutory right to access records of a governmental body unless disclosure would violate the law. Generally, TPIA is construed broadly to favor disclosure, but the rise of modern technology like email and text messaging reveals how dated TPIA truly is. According to the recent City of Dallas v. Dallas Morning News, LP, a governmental body is not required to release any business-related electronic communications sent via personal devices. This means governmental employees can conduct official business via personal email or cell phone without being subject to disclosure provisions, unless the requester …

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Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery Jan 2010

Hall's Standards Of Review In Texas., W. Wendell Hall, O. Rey Rodriguez, Rosemarie Kanusky, Mark Emery

St. Mary's Law Journal

Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Standards of review are the cornerstones of appeals. These standards must be woven into the discussion of the facts and substantive law in a manner which persuades the appellate court that the trial court erred. Litigants must measure their factual and legal arguments against the appropriate rubric to write an effective and persuasive brief. Appellate judges agree that mechanical recitation …

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In Defense Of Appearances: What Caperton V. Massey Should Have Said, Jed Handelsman Shugerman Jan 2010

In Defense Of Appearances: What Caperton V. Massey Should Have Said, Jed Handelsman Shugerman

Faculty Scholarship

In June of 2009, the U.S. Supreme Court ruled for the first time that an elected judge must recuse himself from a case that involves a major campaign contributor. In Caperton v. A. T. Massey Coal Co., a coal company had been hit with a $50 million jury verdict. While appealing this verdict, the company's CEO, Don Blankenship, spent $3 million to help a challenger, Brent Benjamin, who had no judicial experience, defeat the incumbent, West Virginia Supreme Court Justice Warren McGraw. Blankenship funded political attack ads by a political organization (And for the Sake of the Kids) that …

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Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton Jan 2010

Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton

Case Western Reserve Journal of International Law

No abstract provided.

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Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis Jan 2010

Washington And Cctv: It's 2010, Not Nineteen Eighty-Four, Aileen B. Xenakis

Case Western Reserve Journal of International Law

No abstract provided.

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Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn Jan 2010

Cctv And The 2010 Vancouver Games: Spatial Tactics And Political Strategies, Micheal Vonn

Case Western Reserve Journal of International Law

No abstract provided.

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Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig Jan 2010

Privacy And Counter-Terrorism: The Pervasiveness Of Data, Paul Rosenzweig

Case Western Reserve Journal of International Law

No abstract provided.

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Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku Jan 2010

Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku

Case Western Reserve Journal of International Law

No abstract provided.

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