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2011

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The Taxation Of A Gift Or Inheritance From An Employer., Douglas A. Kahn Jan 2011

The Taxation Of A Gift Or Inheritance From An Employer., Douglas A. Kahn

Articles

The focus of this article is to examine the following questions: 1. whether, despite its unrestricted language, section 102(c) does not apply to some gratuitous transfers to an employee; 2. if so, what are the exceptions to section 102(c); and 3. when section 102(c) does not apply to a transfer, whether it will be excluded from income. Part II of this article examines the conditions under which a gratuitous transfer to an employee will be excluded from income under the Duberstein standard and under the normal tax treatment of testamentary transfers -- in other words, how the section 102(a) gift …


Patent Costs And Unlicensed Use Of Patented Inventions, Rebecca S. Eisenberg Jan 2011

Patent Costs And Unlicensed Use Of Patented Inventions, Rebecca S. Eisenberg

Articles

Recent commentators have observed, and sometimes lamented, significant gaps between the formal reach of the patent system and the practical exclusionary effect of patent law. It is costly for technology developers to obtain and assert patents, for technology users to identify the patents they might be infringing and to clear rights, and for the Patent and Trademark Office (PTO) to find patent-defeating prior art. The costs of the patent system provide shelter for infringing behavior that might otherwise lead to either licensing or liability, perhaps mitigating excesses in the patent system while retaining strong rights that motivated owners may enforce. …


Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth Jan 2011

Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth

Articles

In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …


Analysis Of The Effects Of 12 Months Accelerated Aging Testing, Obtained At Two Equivalent Aging Programs, On A Medical Grade Proprietary Chevron Pouch, Laurie Carletta Kruczynski Jan 2011

Analysis Of The Effects Of 12 Months Accelerated Aging Testing, Obtained At Two Equivalent Aging Programs, On A Medical Grade Proprietary Chevron Pouch, Laurie Carletta Kruczynski

Theses

The Food and Drug Administration requires that all sterile medical devices be tested and documented for a labeled shelflife. This thesis analyzed the effects of 12 months of accelerated aging testing, obtained at two equivalent aging programs, on a medical-grade chevron pouch constructed from a proprietary BOPET/PE film sealed to 1073B uncoated Tyvek®. The equivalent of 12 of months accelerated aging was obtained at 55°C and 70°C, and samples were also evaluated pre-aging to serve as a baseline for comparison. The aging model was based upon ASTM F-1980, "Standard Guide For Accelerated Aging of Sterile Barrier Systems for Medical Devices" …


Anger And Compassion On The Picket Line: Ethnography And Emotion In The Study Of Westboro Baptist Church, Rebecca Barrett-Fox Jan 2011

Anger And Compassion On The Picket Line: Ethnography And Emotion In The Study Of Westboro Baptist Church, Rebecca Barrett-Fox

Journal of Hate Studies

Feminist ethnographic methods stress the role of empathy for research subjects and researchers’ willingness for their work to be useful to their subjects. When the research subjects are “unloved groups,” though—people whose actions or beliefs are hateful or harmful—some ethnographers argue that such empathy and empowerment is misplaced or leads to uncritical scholarship. In this reflection on the author’s ethnographic study of Westboro Baptist Church, a small Kansas-based congregation infamous for preaching its anti-gay theology at funerals, including the funerals of fallen servicemen and -women, she questions the usefulness of denying an emotional connection with “hatemongers.” Instead, she argues for …


Habits Of Hate: A Pragmatist Analysis Of Habits Of Racism And Nativism, Terrence Macmullan Jan 2011

Habits Of Hate: A Pragmatist Analysis Of Habits Of Racism And Nativism, Terrence Macmullan

Journal of Hate Studies

There are many different ways of recognizing, describing, and combating racism. This essay extends my previously published research on the topic of whiteness and habit to advance the argument that A) racism (by which I mean primarily white supremacist racism directed against people of color) still exists as a corrosive impediment to the realization of a truly fair and democratic American community, and B) it is best understood as a network of flexible, persistent, yet correctable habits. The primary value of seeing racism in America as being a problem of bad habits rather than as conscious actions or attitudes is …


Introduction, John Shuford Jan 2011

Introduction, John Shuford

Journal of Hate Studies

On behalf of the Gonzaga University Institute for Hate Studies and the Journal of Hate Studies, it is our pleasure to offer Volume 9 of the Journal. Herein readers will find a collection of eleven articles, a special interview with a recent Nobel Peace Prize nominee, and a remembrance of a woman whose life and work helped inspire the field of Hate Studies.

The present volume includes selected proceedings from the Second International Conference on Hate Studies, which took place April 6-9, 2011 in Spokane, Washington. These articles exemplify the conference’s theme of “Interdisciplinary Approaches to Understanding the Nature of …


Policing Hatred: A Case Study Of An English Police Force, Jordan Blair Woods Jan 2011

Policing Hatred: A Case Study Of An English Police Force, Jordan Blair Woods

Journal of Hate Studies

This article makes an important contribution to the field of hate studies by advancing the understanding of hate crime policing in the United Kingdom. The article presents an ethnographic case study on hate crime policing within a small-city police station in England. The study focused primarily on the police station’s Community Cohesion Unit (CCU), which was responsible for supporting hate crime informants, and for monitoring and assisting police officers handling hate incidents and hate crimes. The case study is mostly descriptive and exploratory in nature. Its primary objective is to provide needed insight into the inner workings of a police …


Taking A Stand: The Role Of The Early Childhood Teacher In Educating Against Homophobia, Tamar Ascher Shai Jan 2011

Taking A Stand: The Role Of The Early Childhood Teacher In Educating Against Homophobia, Tamar Ascher Shai

Journal of Hate Studies

This article focuses on early childhood educators’ readiness to address controversial issues in the classroom related to gender and sexual identity in young children, with a special focus on homosexuality and homophobia. The terms gender, sexual identity, sexual orientation, homosexuality, and homophobia are defined in relation to the part they play in the lives of young children and their families. The role of early childhood teachers and consequently the roles played by individuals who train teachers (teacher trainers) are also presented for discussion.


Applied Anthropology And Anti-Hate Activism, Jennifer Schlegel Jan 2011

Applied Anthropology And Anti-Hate Activism, Jennifer Schlegel

Journal of Hate Studies

This paper examines my journey from activist, to educator, to researcher, and back, and the implications the journey has for developing effective anti-hate collaborations and educational practices. After being notified that my name and contact information had been posted on a white supremacist’s website, I re-considered my role as an anti-hate activist and turned to teaching. Combining my activist experience with my anthropology background, I developed a course, “Hate Across Cultures.” Using multi-disciplinary academic resources and featuring guest lectures from representatives of various government agencies, this class provides a space for students to learn and talk about the origins of …


Arizona’S Senate Bill 1070: Targeting The Other1 And Generating Discourses And Practices Of Discrimination And Hate, William Arrocha Jan 2011

Arizona’S Senate Bill 1070: Targeting The Other1 And Generating Discourses And Practices Of Discrimination And Hate, William Arrocha

Journal of Hate Studies

The state of Arizona, through its Senate Bill 1070, has made legal the practice of profiling as one of the key tools to regulate migration and differentiate those who are presumed to be residing in the state without legal documents. The state is encouraging xenophobia and empowering the groups with a strong anti-immigrant sentiment to become directly involved in the monitoring of such practice. History has shown us that when the state and large sectors of civil society exclude the “other” and criminalize his/her presence, hate toward the “other” is the most common result. The consequences of such a dynamic …


The Community Security Trust – Best Practice In Combating Antisemitic Hate, Michael Whine Jan 2011

The Community Security Trust – Best Practice In Combating Antisemitic Hate, Michael Whine

Journal of Hate Studies

The author describes antisemitic activity in post WWII Britain and the Jewish community’s response. as well as legal and political developments in the realm of antisemitism. The author recounts how the Community Security Organisation, which in 1994 became the Community Security Trust (CST), was established in an effort to address security issues being confronted by the Jewish community in Britain. The author details the structure of the CST and lays out its goals and methods. The organization’s activities, which are offered free of charge to the entire community, include providing suggestions and training to community groups and individuals regarding security …


Socialization And Hate: Can Higher Education Make A Difference?, Jo Ann Jankoski Jan 2011

Socialization And Hate: Can Higher Education Make A Difference?, Jo Ann Jankoski

Journal of Hate Studies

What happens to students when their “Cycle of Socialization” clashes with their academic discipline and higher education? This qualitative participant observational study is grounded in the Hate Model and its intersection with the Cycle of Socialization as it clashes with social justice in higher education.


Genocidal Religion, Steven Leonard Jacobs Jan 2011

Genocidal Religion, Steven Leonard Jacobs

Journal of Hate Studies

There is no more egregious hateful behavior than that of genocide. There is no more uncomfortable thought than that of religion as a participating factor in the perpetration of genocide, though religious studies scholars come late to any discussion of genocide. This paper, an initial foray into a much longer and more in-depth book-length project, and whose author is desirous of collegial feedback ([email protected]), is a preliminary conversation addressing four precipitating factors: (1) tribalism, (2) religious exclusivism, (3) privileged access to the divine, and (4) a particularistic and parochial reading of sacred texts. It will also attempt, by way of …


Academic Libraries In Nigeria In The 21st Century, Bappah Magaji Abubakar Jan 2011

Academic Libraries In Nigeria In The 21st Century, Bappah Magaji Abubakar

Library Philosophy and Practice (e-journal)

Academic libraries in Nigeria must meet the demands the 21st century. The world is witnessing a revolution as a result of developments in ICTs that has permeated all sectors. This paper discusses the paradigm shift in academic library services. It also analyzes academic libraries situation in Nigeria within the context of inadequate funding. If academic libraries in Nigeria are to measure up to expectations in the 21st century, they must develop coping strategies to overcome some of the major challenges.


Icts And Information Needs Of Rural Female Farmers In Delta State, Nigeria, Edwin I. Achugbue, Sylvester O. Anie Jan 2011

Icts And Information Needs Of Rural Female Farmers In Delta State, Nigeria, Edwin I. Achugbue, Sylvester O. Anie

Library Philosophy and Practice (e-journal)

Female farmers in Delta State play an important role in crop production, poultry farming, and socioeconomic development of the communities. This research work investigates ICTs and information needs of rural female farmers in Delta State, Nigeria. It also ascertains the level of their ICT-compliance in the management of agricultural information for increased productivity. The paper uses descriptive survey method to determine the information needs of rural female farmers and the impact of ICTs on rural female farmers. It was discovered that female farmers in Delta State, Nigeria, are very keen to know more about treatments of animals, application of fertilizers, …


The Role Of Public Libraries In Promoting Adult Education In Nigeria, Daniel O. Akparobore Jan 2011

The Role Of Public Libraries In Promoting Adult Education In Nigeria, Daniel O. Akparobore

Library Philosophy and Practice (e-journal)

The aim of this article is to help demonstrate that libraries are vital institutions for improving human resources. These human resources are the wealth of nation, and adult education, which helps in the development of these resources, provide foundations for adult learners. Public libraries play a crucial role in lifelong learning and increasing information literacy for adult learners.


Library Instructon Programme As A Correlate Of Student Catalogue Use In Colleges Of Education Libraries, Samuel Arubam Amkpa, Amudat I. Imam Jan 2011

Library Instructon Programme As A Correlate Of Student Catalogue Use In Colleges Of Education Libraries, Samuel Arubam Amkpa, Amudat I. Imam

Library Philosophy and Practice (e-journal)

The study investigated the relationship between library instruction programme components and students' catalogue use in colleges of education libraries. The study addressed the issue of students' inability to use catalogue to retrieve materials within the libraries. Four objectives guided the study with four null hypotheses tested. Survey research deign was used for the study. The population was 2,560 NCE III students chosen from four colleges of education in south-western Nigeria. While 256 samples were used for the study, Questionnaire was used for data collection. Data gathered was analyzed using Pearson Product Moment Correlation (PPMC) coefficient for hypotheses tested. The study …


The Economic And Social Benefits Of Ict Policies In Nigeria, Sylvester Ozioma Anie Jan 2011

The Economic And Social Benefits Of Ict Policies In Nigeria, Sylvester Ozioma Anie

Library Philosophy and Practice (e-journal)

This study examined the economic and social benefits of Information and Communication Technology (ICT) policies in Nigeria: Igyor (1996) declared that one of the most striking structural changes in the world's economies over the years has been the shift of allocation of human and capital resources from the task of processing material goods to that of processing information. On the basis of occupational statistics, those individuals whose function is primarily to create, process and handleinformation can be identified in a growing nation of working professionals that share in the information age, people such as administrators, clerks, secretaries, bankers, lawyers, scientists, …


Work-Related Stress Among Librarians And Information Professionals In A Nigerian University, Emmanuel Babatunde Ajala Jan 2011

Work-Related Stress Among Librarians And Information Professionals In A Nigerian University, Emmanuel Babatunde Ajala

Library Philosophy and Practice (e-journal)

Workers all over the world face stress. A Nigerian worker has many stress factors in the workplace. Life expectancy is dropping in an alarming rate, from 51.56 to 47.44, between the years 2000 and 2007. The library and information professions have become high stress. An anthropological approach was adopted to look at stress among librarians in the University of Ibadan Library System in Nigeria, using group and individual interviews as a data collection instrument. There were no significant differences between male and the female workers in their perception if workplace stress. Factors of stress in the library include work environment, …


Information Seeking Behaviours Of Rural Women In Malaysia, Ahmad Bakeri Abu Bakar Jan 2011

Information Seeking Behaviours Of Rural Women In Malaysia, Ahmad Bakeri Abu Bakar

Library Philosophy and Practice (e-journal)

This study examines the information needs and seeking behaviours of women in a rural setting of Malaysia The aim of the study is to identify the information needs of women, and to determine the information sources used by women in a rural village, to determine their information seeking behaviours and to identify any accessbarriers to those sources of information. A sample was selected and given a questionnaire. The return rate was 64 percent. The study revealed that respondents were concerned with information related to food and child education. When seeking information on food and child education, respondents used family or …


Use Of Newspapers By Students Of Olabisi Onabanjo University, Ago-Iwoye, Ogun State, Nigeria, O. M. Bankole, S. O. Babalola Jan 2011

Use Of Newspapers By Students Of Olabisi Onabanjo University, Ago-Iwoye, Ogun State, Nigeria, O. M. Bankole, S. O. Babalola

Library Philosophy and Practice (e-journal)

This study investigates the relative importance of newspaper information, purposes for consultation, types of information sought, the extent and satisfaction derived from the use of library newspaper services, and problems that might constrain students from visiting the newspaper sections of Olabisi Onabanjo University library, Ago Iwoye, Ogun State, Nigeria. A survey research design and interviews were used for data collection. A self-administered questionnaire was given to 456 who had used the library newspaper services in the past, of which 92.1% were found usable. The students ranked newspaper information as their third most important source of overall daily information. The respondents …


Book Availability And Performance Measure In An Academic Library: The Case Of The Walter Sisulu University (Wsu) Library, Mthatha Campus, Gbade A. Alabi Jan 2011

Book Availability And Performance Measure In An Academic Library: The Case Of The Walter Sisulu University (Wsu) Library, Mthatha Campus, Gbade A. Alabi

Library Philosophy and Practice (e-journal)

This study evaluates the book availability as well as the performance measure of the Walter Sisulu University (WSU) Library and determines the levels of satisfaction among its users. Attention was focused on four parameters of performance measure, namely: Acquisition (Pa), Circulation (Pc), Users' performance at the catalogue and success in obtaining materials from the shelf (Pu), and, the Library administrative operation (Pm), all of which were independently measured. An overall availability rate of 33% was obtained for the Walter Sisulu University (WSU) Library. This is rather low. This low availability level obtained was associated with the low circulation performance (Pc) …


Information Needs Of Policy Makers In Nigeria: The Case Of Imo State Civil Service, Emmanuel U. Anyanwu, Enyinna Zander, Desmond Oparaku Jan 2011

Information Needs Of Policy Makers In Nigeria: The Case Of Imo State Civil Service, Emmanuel U. Anyanwu, Enyinna Zander, Desmond Oparaku

Library Philosophy and Practice (e-journal)

A questionnaire was used to conduct a study of the information needs of policy makers/senior civil servants in Imo State Nigeria. Work activities and information needs of the policymakers were identified and resources of government libraries were evaluated. It was discovered that the government libraries are not adequate in all aspects. They are underfunded. The sources of information and factors affecting access to information needs were identified. Recommendations include the implementation of Information and Communication Technology.


The Prevalence Of Arabic And Ajami Manuscripts In Northern Nigeria, Implications For Acccess, Use, And Enduring Management: A Framework For Research, Musa Abdu Auyo Jan 2011

The Prevalence Of Arabic And Ajami Manuscripts In Northern Nigeria, Implications For Acccess, Use, And Enduring Management: A Framework For Research, Musa Abdu Auyo

Library Philosophy and Practice (e-journal)

A paper presented at a National Conference on Exploring Nigeria’s Arabic/Ajami Manuscript Resources for Development of New Knowledge, organized by Arewa House and Ford Foundation Office of West Africa Region, Kaduna, Nigeria, 7th-8th May, 2009


User Perception Of Library Services In Academic Institutions In The Southern Districts Of Tamil Nadu, India: A Case Study, C. Baskaran Jan 2011

User Perception Of Library Services In Academic Institutions In The Southern Districts Of Tamil Nadu, India: A Case Study, C. Baskaran

Library Philosophy and Practice (e-journal)

This paper describes the perceptions of academic library users of library services. The study explored user preferences regarding the collection, services such as interlibrary loan, and Web browsing habits.


Usage Of E-Resources In Himachal Pradesh University, Shimla, With Special Reference To The Ugc-Infonet Digital Library Consortium, Suresh K. Chauhan, Prem Chand, Sarbjot Kaur Jan 2011

Usage Of E-Resources In Himachal Pradesh University, Shimla, With Special Reference To The Ugc-Infonet Digital Library Consortium, Suresh K. Chauhan, Prem Chand, Sarbjot Kaur

Library Philosophy and Practice (e-journal)

This paper accommodates international scenario of library consortia in the beginning and then shifted to Indian library consortia. UGC-Infonet Digital Library consortium scholarly information is being given free of cost to more than 150 universities. Himachal Pradesh University is one amongst the beneficiaries of this program. Electronic resources usage statistics of this university is analyzed to cater the shortcomings in the available e-resources facility. To describe the current status of Himachal Pradesh University with reference to usage of electronic resources which are being accessed under UGC-Infonet Digital Consortium. The study identifies the limitations and problems for low usage of e-resources …


Newspaper Reading Habits Of University Students: A Case Study Of Chaudhary Charan Singh University, India, Devendra Kumar, Rajkumar Singh, Jamal Ahmad Siddiqui Jan 2011

Newspaper Reading Habits Of University Students: A Case Study Of Chaudhary Charan Singh University, India, Devendra Kumar, Rajkumar Singh, Jamal Ahmad Siddiqui

Library Philosophy and Practice (e-journal)

The study analyzed the newspapers reading habits of university students of Chaudhary Charan Singh University, India. Structured questionnaires were distributed among P.G. Students, M. Phil. Students, and Research Scholars of Chaudhary Charan Singh University, India. Data was gathered on various aspects of newspaper reading habits of university students including languages read, time spent on newspaper reading; sources of newspapers; and which sections of newspapers are read most.


Reading Culture And Nigeria’S Quest For Sustainable Development, Kingsley Nwadiuto Igwe Jan 2011

Reading Culture And Nigeria’S Quest For Sustainable Development, Kingsley Nwadiuto Igwe

Library Philosophy and Practice (e-journal)

The paper highlights the role of reading culture as an aspect of the educational system in the development of a nation. With Nigeria as the nation in focus, it laments the neglect of its education sector including libraries over the years in terms of funding and inadequate infrastructures for human resource development; and emphasizes on the fact that qualitative and functional education remains the focal point for development. The paper also enumerates constraints to the improvement of reading culture. Strategies for the improvement and development of reading culture in Nigeria were suggested, of which if implemented will see the country …


Ict And Collection Management In Public Libraries: A Survey Of South- South Of Nigeria, Daniel Emojorho Jan 2011

Ict And Collection Management In Public Libraries: A Survey Of South- South Of Nigeria, Daniel Emojorho

Library Philosophy and Practice (e-journal)

The effect of Information and Communication Technology (ICT) in Nigerian public libraries was explored using a questionnaire was used to collect data. The research findings show that ICT improves public library services, but most libraries have not been digitized; hence, a considerable number of staff and users are not ICT-literate