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2011

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Hogs Get Slaughtered At The Supreme Court, Suzanna Sherry Jan 2011

Hogs Get Slaughtered At The Supreme Court, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Class action plaintiffs lost two major five-to-four cases last Term, with potentially significant consequences for future class litigation: AT&T Mobility v. Concepcion and Wal-Mart v. Dukes. The tragedy is that the impact of each of these cases might have been avoided had the plaintiffs’ lawyers, the lower courts, and the dissenting Justices not overreached. In this Article, I argue that those on the losing side insisted on broad and untenable positions and thereby set themselves up for an equally broad defeat; they got greedy and suffered the inevitable consequences. Unfortunately, the consequences will redound to the detriment of many other …


Outsourcing Modularity, And The Theory Of The Firm, Margaret M. Blair, Erin O'Hara O'Connor, Gregg Kirchhoefer Jan 2011

Outsourcing Modularity, And The Theory Of The Firm, Margaret M. Blair, Erin O'Hara O'Connor, Gregg Kirchhoefer

Vanderbilt Law School Faculty Publications

Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per year since 2004. Firm outsourcing happens for a number of reasons, including to save labor costs, capture the benefits of regulatory arbitrage, and take advantage of economies of scale in the provision of firm needs. We review a number of outsourcing contracts for evidence that contract techniques are used to help modularize the relationship between the firm and its service provider. Consistent with what modularity theory might predict, some …


Lo Moderno Y Lo Primitivo En La Indt1stria Del Patrimonio Desarrollista, 1962-1969o Español, Eugenia Afinoguénova Jan 2011

Lo Moderno Y Lo Primitivo En La Indt1stria Del Patrimonio Desarrollista, 1962-1969o Español, Eugenia Afinoguénova

Spanish Languages and Literatures Research and Publications

No abstract provided.


In Defense Of The Business Cultural Values Reflected In The Italian Securities Markets: What The U.S. 2008 Financial Meltdown Can Teach Us, Maria Dimeo Calvelli Jan 2011

In Defense Of The Business Cultural Values Reflected In The Italian Securities Markets: What The U.S. 2008 Financial Meltdown Can Teach Us, Maria Dimeo Calvelli

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Jumping The Gun: Hedge Funds In Search Of Capital Under Ucits Iv, Kevin R. Johannsen Jan 2011

Jumping The Gun: Hedge Funds In Search Of Capital Under Ucits Iv, Kevin R. Johannsen

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Immaterial To Innovation: The Story Of Ariad Pharmaceuticals, Inc. V. Eli Lilly & Co., Brian Kimmelblatt Jan 2011

Immaterial To Innovation: The Story Of Ariad Pharmaceuticals, Inc. V. Eli Lilly & Co., Brian Kimmelblatt

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


A Comparison Of Liquidation Regimes: Dodd-Frank's Orderly Liquidation Authority And The Securities Investor Protection Act, Thomas W. Joo Jan 2011

A Comparison Of Liquidation Regimes: Dodd-Frank's Orderly Liquidation Authority And The Securities Investor Protection Act, Thomas W. Joo

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


A Comparative Study Of Bankruptcy As Bailout, Stephanie Ben-Ishai, Stephen J. Lubben Jan 2011

A Comparative Study Of Bankruptcy As Bailout, Stephanie Ben-Ishai, Stephen J. Lubben

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Retooling General Motors: Defending An Innovative Use Of The Bankruptcy Code To Save America's Auto Industry, Joseph H. Smolinsky Jan 2011

Retooling General Motors: Defending An Innovative Use Of The Bankruptcy Code To Save America's Auto Industry, Joseph H. Smolinsky

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


The New Financial Incentives And Expanded Anti-Retaliation Protections For Whistleblowers Created By Section 922 Of The Dodd-Frank Act: Actual Progress Or Just Politics?, Vanessa Castellina Jan 2011

The New Financial Incentives And Expanded Anti-Retaliation Protections For Whistleblowers Created By Section 922 Of The Dodd-Frank Act: Actual Progress Or Just Politics?, Vanessa Castellina

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Are Certain Creditors Too Big (Or Important) To Fail?, Tina M. Sutorius Jan 2011

Are Certain Creditors Too Big (Or Important) To Fail?, Tina M. Sutorius

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.


Debiasing Advertising: Balancing Risk, Hope, And Social Welfare, David Adam Friedman Jan 2011

Debiasing Advertising: Balancing Risk, Hope, And Social Welfare, David Adam Friedman

Journal of Law and Policy

No abstract provided.


Account Me In: Agencies In Quest Of Accountability, Dorit Rubinstein Reiss Jan 2011

Account Me In: Agencies In Quest Of Accountability, Dorit Rubinstein Reiss

Journal of Law and Policy

No abstract provided.


On The Road To Civil Gideon: Five Lessons From The Enactment Of A Right To Counsel For Indigent Homeowners In Federal Civil Forfeiture Proceedings, Louis S. Rulli Jan 2011

On The Road To Civil Gideon: Five Lessons From The Enactment Of A Right To Counsel For Indigent Homeowners In Federal Civil Forfeiture Proceedings, Louis S. Rulli

Journal of Law and Policy

No abstract provided.


Phoney Business: Successful Caller Id Spoofing Regulation Requires More Than The Truth In Caller Id Act Of 2009, Alicia Hatfield Jan 2011

Phoney Business: Successful Caller Id Spoofing Regulation Requires More Than The Truth In Caller Id Act Of 2009, Alicia Hatfield

Journal of Law and Policy

No abstract provided.


Beyond The Bedside: A Human Rights Approach To Adolescent Health, Jonathan Todres Jan 2011

Beyond The Bedside: A Human Rights Approach To Adolescent Health, Jonathan Todres

Journal of Law and Policy

No abstract provided.


The Public's Burden In A Digital Age: Pressures On Intermediaries And The Privatization Of Internet Censorship, Julie Adler Jan 2011

The Public's Burden In A Digital Age: Pressures On Intermediaries And The Privatization Of Internet Censorship, Julie Adler

Journal of Law and Policy

No abstract provided.


Constitutive Walls: The U.S.-Mexico Border Fence And Constructing Identity, Mary Katherine Klipp Jan 2011

Constitutive Walls: The U.S.-Mexico Border Fence And Constructing Identity, Mary Katherine Klipp

Masters Theses

The purpose of this thesis is to contribute to the growing literature of constitutive rhetoric, originally coined by Maurice Charland. Through a case study of the US/Mexico border fence, I illustrate that the communicative tactics of articulation, appropriation and image events have the potential to act as interpellative strategies of identity construction. Through my analysis, I show how these strategies function in constitutive rhetoric in both verbal discourses and in visual rhetoric through image events. I also note that the lack of discourses in an argument may have implications that are equally significant to those that are present.


The Impact Of A Sociology Career Planning Seminar On Students' Perceptions Of Career Barriers, Career Decision-Making Difficulties And Career Decision Self-Efficacy, Wendy M. Downing Jan 2011

The Impact Of A Sociology Career Planning Seminar On Students' Perceptions Of Career Barriers, Career Decision-Making Difficulties And Career Decision Self-Efficacy, Wendy M. Downing

Masters Theses

This study examined a sociology career planning seminar's impact on students' perceptions of barriers to career planning, career decision-making difficulties and career decision self-efficacy during the fall 2010 semester. Students enrolled in the career seminar were placed into the treatment group, while students enrolled in a sophomore sociology course were placed in the control group. The Perceptions of Barriers Scale - Modified Version (Luzzo & McWhirter, 2001), the Career Decision-Making Difficulties Questionnaire (Gati, Krausz & Osipow, 1996) and the Career Decision Self-Efficacy. Scale- Short Form (Betz, Klein, & Taylor, 1996) were used to determine the impact of the course. Paired …


The Frequency, Attitudes, And Beliefs Of Sexting Among College Students, Amanda Woolard Jan 2011

The Frequency, Attitudes, And Beliefs Of Sexting Among College Students, Amanda Woolard

Masters Theses

Through the use of various forms of media, "sexting" has become a phrase common in contemporary society. Although the definition has varied through the past years, a recent study by Elizabeth Eraker (2010) stated, "sexting refers to the self-production and distribution by cell phone of sexually explicit images in the course of consensual, voluntary activity by teenagers" (p. 557). The purpose of this research was to assess the frequency of sexting, attitudes regarding sexting, and the beliefs to engage in sexting among the college population. The current study ( 1) examined the frequency of sexting among college students, (2) explored …


A Functional Genomics Approach To Analyze Two Methionine-[Gamma]-Lyase Orthologs In "Ferroplasma Acidarmanus" Using In Vitro Enzyme Assays, Md. A. Wadud Khan Jan 2011

A Functional Genomics Approach To Analyze Two Methionine-[Gamma]-Lyase Orthologs In "Ferroplasma Acidarmanus" Using In Vitro Enzyme Assays, Md. A. Wadud Khan

Masters Theses

Functional genomics predicts that ferl genome has two candidate genes for the production of two methionine-y-lyase (MGL) orthologs, which are thought to be pivotal for the production of methanethiol. These orthologs show a high level of protein sequence identity ( ~ 3 5%) and similarity (~60%) when compared to known MGLs. In addition, ClustalW2 alignment of ferl MGL orthologs and other known MG Ls showed a high level of similarity in amino acid residues, which are involved for the stabilization of 3D structure of MGL and in forming active site for the substrates. To confirm the predictive functions of these …


Method Developments To Analyze Caffeine And Acesulfame-K Concentrations In Natural Waters In And Around Charleston, Il, Usa, Laleen Bodhipaksha Jan 2011

Method Developments To Analyze Caffeine And Acesulfame-K Concentrations In Natural Waters In And Around Charleston, Il, Usa, Laleen Bodhipaksha

Masters Theses

Analytical methods using batch solid phase extraction were developed for two chemical markers, caffeine and acesulfame-K, to assess anthropogenic water contamination of natural water bodies in and around Charleston, Illinois.

Measurements were conducted on 12 different extracted samples using reverse phase HPLC. Two creek samples showed the presence of acesulfame-K (0.45 ± 0.10 and 0.25 ± 0.06 ppb) and two creek samples showed the presence of caffeine (3 .1 ± 1.2 and 1.6 ± 0.6 ppb ). Effluent from the Charleston waste water treatment plant showed an acesulfame-K concentration of 0.67 ± 0.15 ppb.

These results indicate measurement of both …


The Graying Of Facebook: Emerging Adults And Their Parents As Facebook Friends (Fbf), Jodi M. Jackson Jan 2011

The Graying Of Facebook: Emerging Adults And Their Parents As Facebook Friends (Fbf), Jodi M. Jackson

Masters Theses

Emerging adults and their parents have a unique relationship, especially during the transition into emerging adulthood. More specifically, as emerging adults and their parents navigate the waters of being Face book friends (FBF), they must learn to negotiate dialectical tensions, along with other prominent issues such as boundary management, impression management, managing tensions, and ease of communication Facebook provides. The core of this study centers around Baxter and Montgomery's (1996) theory on Relational Dialectics. Interviews with both emerging adults and their parents were conducted and analyzed to provide the results of this study. This study explores the intersection between social …


From Citation Management To Knowledge Management : Developing And Implementing Innovative Endnote Training And Support Services On The Health Sciences Campus., John Chenault Jan 2011

From Citation Management To Knowledge Management : Developing And Implementing Innovative Endnote Training And Support Services On The Health Sciences Campus., John Chenault

Faculty and Staff Scholarship

In addition to providing basic and intermediate Endnote instruction and training, clinical librarians at the Kornhauser Health Sciences Library (KHSL) now offer faculty, physicians, researchers, and students individualized training and technical support via "EndNote Housecalls," assistance in the creation of specialized research libraries, library and bibliographic consultation and organization, and the delivery of patron-requested literature search results in customized EndNote Libraries via email. This paper will focus on the design and implementation of KHSL's EndNote citation management software training program, and its subsequent transformation into a service to address the knowledge management needs of our constituents.


Happiness And Me: An Exploratory Study Of Parental And Romantic Attachments And Self-Esteem And Their Effects On Adulthood Body Image Dissatisfaction, Stephanie Kibble Jan 2011

Happiness And Me: An Exploratory Study Of Parental And Romantic Attachments And Self-Esteem And Their Effects On Adulthood Body Image Dissatisfaction, Stephanie Kibble

Masters Theses

In this study, the author investigated parental attachments, self-esteem, and romantic satisfaction as they related to the cognitive and affective components of the selfconcept when represented through Body Image Dissatisfaction (BID). The study was a within-subject design with 70 participants. They participants were instructed to report their feelings about each of these variables through 4 questionnaires. Individuals with low self-esteem identified as having increased BID as compared to those individuals with high self-esteem. Compared with those who reported supportive parental attachments, individuals with a highly overprotective mother reported higher BID. Multiple regression analysis indicated that gender had no significant impact …


School Attachment And The Use Of Alcohol Among Rural High School Students, Michelle L. Weiler Jan 2011

School Attachment And The Use Of Alcohol Among Rural High School Students, Michelle L. Weiler

Masters Theses

The present study examined the relationship between school attachment and alcohol use in rural communities to determine if students with high levels of school attachment were less likely to participate in alcohol use. Participants included 4,768 high schools students in the largest rural geographic educational region in the state of Illinois. The students participated in a program called I Sing the Body Electric and completed a survey which asked questions including how well students are attached to their school and alcohol use. Chi square goodness of fit tests were used to analyze student's reporting of school attachment, how old they …


Schizophrenia, Acculturation, And Chinese American Families : A Review And Clinical Recommendations For Treatment, Lorena Ho Jan 2011

Schizophrenia, Acculturation, And Chinese American Families : A Review And Clinical Recommendations For Treatment, Lorena Ho

Theses and Dissertations

Schizophrenia is a disorder that appears across cultures, typically creating a tremendous amount of suffering and loss for both the individual diagnosed, and his or her family. While psychosocial family treatment (along with medication) has proved thus far to be the most promising treatment for schizophrenia in Western cultures, it has yet to be proven effective with ethnocultural minority groups. Furthermore, literature shows that Western treatments for schizophrenia cannot be uniformly applied to ethnocultural minority groups with the expectation of similar results. In the United States, Asian Americans, and specifically Chinese Americans, continue to underutilize mental health services for schizophrenia, …


A Study Of Reading First Implementation And Literacy Performance Of Students In Kindergarten Through Fifth Grade In Lancaster School District, Michele Marie Bowers Jan 2011

A Study Of Reading First Implementation And Literacy Performance Of Students In Kindergarten Through Fifth Grade In Lancaster School District, Michele Marie Bowers

Theses and Dissertations

This study examined elementary student literacy performance in Lancaster School District in kindergarten through 5th grades for 6 elementary schools implementing the Reading First program and 6 elementary schools not implementing Reading First. Subgroup data for English Language Learners, Hispanic, and African American students was closely examined and compared with the literacy performance data of white students to determine whether implementation of the Reading First program has narrowed the achievement gap. The study also explored the relationship, if any, between the level of Reading First program implementation (RFII) and literacy achievement of students as measured by the English Language Arts …


Muslim Female Leadership, Maliha Marri Jan 2011

Muslim Female Leadership, Maliha Marri

Theses and Dissertations

Leadership by women is by no means a new concept in the Islamic world. In fact, Islamic history is replete with female Muslim leaders. Researcher Badawi (1995) has extrapolated that the obstacles in the path of Muslim female leadership are “cultural practices”, not Islam. Even though it may be hard to do so in an Islamic way, there is actually no proof in the Quran that prohibits Muslim women from assuming leadership roles. Remnant androcentrism continues to be an impediment in the way of Muslim female leadership. Abugideriri has explained that traditionally, Islamic leadership has been gendered, with the males …


The Role Of Digitally Native, Nonprofit News Media In The Future Of American Journalism: An Exploratory Study, Rebecca Coates Nee Jan 2011

The Role Of Digitally Native, Nonprofit News Media In The Future Of American Journalism: An Exploratory Study, Rebecca Coates Nee

Theses and Dissertations

Unprecedented changes in journalism practices have been occurring since the 21st century ushered in the digital age. News gathering methods, means of information delivery, and consumer habits have altered dramatically because of technological advances, causing a disruption in the traditional business model. Newspapers, historically the key instrument for investigative and public affairs reporting in the United States, have been the media sector facing the biggest decline in revenue and circulation. While the audience is migrating to traditional news outlets online, the advertisers are not. Free services such as eBay and Craig's List have contributed to a nearly 50% drop in …