Digital Commons Network^™

Georgia's New Evidence Code: After The Celebration, A Serious Review Of Anticipated Subjects Of Litigation To Be Brought On By The New Legislation, Matthew E. Cook, K. Todd Butler

Mercer Law Review

As January 1, 2013 approaches, the Georgia Bar is anticipating the new Georgia Evidence Code (GEC), House Bill 24, due to take effect on that day. Several authors have canvassed the particular changes the GEC brings to the existing Georgia Rules, of Evidence, as well as the differences between the new GEC and the Federal Rules of Evidence (FRE). Those articles are commended for your reading, as they drive not only lawyers' courtroom presentation but also their trial preparation. Rather than rehashing the changes the GEC brings, this Article will address the abbreviated history preceding the passage of House Bill …

Business Associations, W. Carter Bates Iii, Kort D.L. Peterson

Mercer Law Review

This Article surveys developments in Georgia law in the area of business associations, including corporations, partnerships, limited liability companies, and joint ventures. The first portion of this Article reviews noteworthy published cases addressing issues of first impression from the Georgia Court of Appeals, the Georgia Supreme Court, federal district courts of Georgia, and the United States Court of Appeals for the Eleventh Circuit, issued from June 1, 2011 through May 31, 2012. The second portion of this Article summarizes additional cases of note that do not involve issues of first impression. The third portion of this Article discusses relevant legislation …

Legal And Policy Implications Of The Perception Of Property Rights In Catch Shares, Mark Fina, Tyson Kade

Washington Journal of Environmental Law & Policy

Catch shares are a fishery management strategy under which persons are allocated exclusive access to specific portions of the total allowable catch of a fishery. Proponents of catch share management argue that these programs allow for more efficient management of annual catch limits and mitigate the negative biological and economic impacts associated with other management programs. Because of the exclusivity of their allocations, catch share programs have been characterized by their opponents as privatizing the public fisheries resource and granting catch share holders a property right to fish. However, case law suggests that a court is unlikely to conclude that …

Leopold's Last Talk, Eric T. Freyfogle

Washington Journal of Environmental Law & Policy

During the last decade of his life, Aldo Leopold (1887–1948) delivered more than 100 conservation talks to various popular, professional, and student audiences. In them, he set forth plainly the central elements of his conservation thought. By studying the extensive archival records of these talks one sees clearly the core elements of Leopold’s mature thinking, which centered not on specific land-use practices (good or bad), but instead on what he saw as deep flaws in American culture. Leopold’s sharp cultural criticism—more clear in these talks than in his lyrical, muted classic, A Sand County Almanac—called into question not just …

Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate, Trisna Tanus

Washington Journal of Environmental Law & Policy

The potential for oil production in the Arctic National Wildlife Refuge (ANWR) coastal plain, otherwise known as the 1002 Area, is significant, with a current value of $770 billion. Yet, there are considerable knowledge gaps and disagreements over the environmental impacts of oil development in ANWR. The Fish and Wildlife Service (FWS) manages ANWR and is tasked with advancing the refuge’s mission of ecological conservation. Before it can approve oil development in ANWR, the FWS is statutorily required to ensure that oil development is compatible with ANWR’s mission. This Comment argues that the precautionary principle is embedded within the laws …

Value Of U.S. Higher Education For International Students In The Context Of Higher Education Internationalization, Ewa L. Urban

Dissertations

This study used a cross-sectional survey to examine the perceptions of undergraduate and graduate international students enrolled at a public university in the Midwest, regarding the personal and professional value they receive from their higher education experience. In addition, the study explored international students’ perceptions of the level of engagement they experience as cultural resources at their institution.

Results indicated that international students’ decisions to come to the U.S. were mostly driven by professional motivations, such as getting quality education, developing a better understanding of their fields of study, and gaining practical skills and experiences. Yet, international students’ professional outcomes …

Tennessee Forestry Commission Fy 2012 Annual Report, Tennessee. Department Of Agriculture.

Forestry Commission Annual Report

No abstract provided.

The Banner - V. 147, No. 12 - (December 2012), Christian Reformed Church In North America

The Banner

6 - Editorial: Living with a Foot in Each World by Bob De Moor / 7 - Catch Your Breath: Wake Up and Pay Attention by Joyce Kane / 8 - IMHO: Muzak by Frank DeVries / 8 - Letters to the Editor / 11 - News: Christmas Dinner for Lacombe / 17 - Frequently Asked Questions / 18 - God’s Belly Button by Leonard Vander Zee / 21 - Relating: When Traditions Fail Us by Mary Vandervennen / 22 - The View from Here: ’Tis the Season by Joel Boot / 23 - Finding Truth Amid Turbulence in China …

Note – The Right To Be Forgotten, Robert Kirk Walker

UC Law Journal

Information posted to the Internet is never truly forgotten. While permanently available data offers significant social benefits, it also carries substantial risks to a data subject if personal information is used out of context or in ways that are harmful to the subject’s reputation. The potential for harm is especially dire when personal information is disclosed without a subject’s consent. In response to these risks, European policymakers have proposed legislation recognizing a “right to be forgotten.” This right would provide persons in European Union countries with a legal mechanism to compel the removal of their personal data from online databases. …

Nullomer Derived Anticancer Peptides (Nullops): Differential Lethal Effects On Normal And Cancer Cells In Vitro, Abdelkrim Alileche, Jayita Goswami, William Bourland, Mike Davis, Greg Hampikian

Biology Faculty Publications and Presentations

We demonstrate the first use of the nullomer (absent sequences) approach to drug discovery and development. Nullomers are the shortest absent sequences determined in a species, or group of species. By identifying the shortest absent peptide sequences from the NCBI databases, we screened several potential anti-cancer peptides. In order to improve cell penetration and solubility we added short poly arginine tails (5Rs), and initially solubilized the peptides in1M trehalose. The results for one of the absent sequences 9R (RRRRRNWMWC), and its scrambled version 9S1R (RRRRRWCMNW) are reported here. We refer to these peptides derived from nullomers as PolyArgNulloPs. A control …

Creche Herald Vol. 16, No. 4, Rita B. Bocher

Creche Herald

The Winter 2012-13 publication features nativity sets and personal reflections from members in the organization; information about nativities and nativity exhibits; and information about the Friends of the Creche annual meeting.

United States Military Cohesion After The Repeal Of “Don’T Ask, Don’T Tell”, Stephanie E.V. Brown

Honors Projects

The repeal of “Don’t Ask, Don’t Tell” was projected by politicians and military personnel alike to have a negative impact on unit cohesion. The findings of this study indicated that overall military cohesion was high, and that many military members found that the repeal of “Don’t Ask, Don’t Tell” had no impact on task or social cohesion. However, using the Chi Square test, there were two noted significant associations when observing participant pay grade and perceptions of how the repeal of DADT has affected a unit’s ability to work together to complete tasks get the job done (χ^{2 …}

Updated Glacial Chronology Of The South Fork Hoh River Valley, Olympic Peninsula, Washington Through Detailed Stratigraphy And Osl Dating, Cianna E. Wyshnytzky, Tammy M. Rittenour, Glenn D. Thackray

Graduate Student Posters

Four glacial advances are preserved and exposed in the stratigraphy of the South Fork Hoh River valley. The oldest of these advances extended beyond the South Fork valley into the Hoh River valley. The three younger advances are preserved in the stratigraphy cut bank exposures in the valley and geomorphically by moraines and outwash plains. One of these advances represents a re-advance to the same terminal position of the previous advance and has not previously been recognized in this valley or other glaciated valleys in the western Olympic Mountains. This finding advocates for a detailed sedimentologic and stratigraphic approach to …

Sexual Sensation Seeking, Drug Use And Risky Sex Among Detained Youth, Dexter R. Voisin

Faculty Scholarship

Sexual sensation seeking has been correlated with drug use and risky sex in a number of populations. However, these relationships have had limited examination among adolescents, and to date, have not been explored among detained youth, a group with some of the highest rates of illicit drug use and STIs. To better understand these relationships we utilized A-CASI to collect data on sociodemographics, sexual sensation seeking, drug use and risky sexual behaviors among a sample of 550 detained youth. A series of multivariable regression models controlling for age, gender, race/ethnicity, socioeconomic status and risky peer networks indicated that sexual sensation …

Developing Strategic Leadership Practices In The Light Of Transparency And Organizational Citizenship Behavior - A Field Study Of A Sample Of The Staff Of The Office Of The Inspector General At The Iraqi Ministry Of Culture, Ali H. Altaee, Abdullah Hikmat Al-Naqqar

Journal of Economics and Administrative Sciences

Diversity the terms and practice the organizational filed with different concepts and environment, which Iraqi environment part from them. Some organizational in Iraqi environment leave its basic oriented to agreement with the leader desire, their fore this research focus tow basic variable (organizational citizenship behavior & transparence), we supposition which is dependent to explanation the response variable (strategic leadership). The results justification in part and not justification in another part. For example the organizational citizenship behavior effect on some parte of the strategic leadership. The transparence have faraway to fly from the relation with organizational citizenship behavior and strategic leadership. …

Listening Difficulties Among Non-Native Speakers Of Arabic, Fatma Yousuf Al-Busaidi

Journal of Educational and Psychological Studies

This qualitative study analyzed the listening difficulties of 19 students learning Arabic as a foreign language in the Sultanate of Oman from a social-constructivist perspective. Analysis of the data obtained from interviews and students’ diaries has indicated that learners experienced five listening difficulties that occurred either in the classroom setting, in their real-life conversation with Omanis or while listening to TV and radio programs. It was found that their listening difficulties were related to speed of speech, quickly forgetting what was heard, missing the next part when thinking about meaning, the inability to understand what they had heard and inability …

Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang

Online Publications

The New York Immigrant Representation Study (“NYIR Study”) is a two-year project of the Study Group on Immigrant Representation to analyze and ameliorate the immigrant representation crisis—the acute shortage of qualified attorneys willing and able to represent indigent immigrants facing deportation. The crisis has reached epic proportions in New York and shows no signs of abating.

In its year-one report (issued in the fall of 2011), the NYIR Study analyzed the empirical evidence regarding the nature and scope of the immigrant representation crisis. In that report, we documented how many New Yorkers—27 percent of those not detained and 60 percent …

Grandparents As Guards: A Game Theoretic Analysis Of Inheritance And Post Marital Residence In A World Of Uncertain Paternity, Brishti Guha

Research Collection School Of Economics

I unify the following (1) men face paternal uncertainty while women do not face maternal uncertainty, (2) putative fathers and paternal kin care about true paternity, (3) paternity confidence is systematically lower in matrilocal cultures than in patrilocal ones, (4) inheritance tends to be patrilineal in high paternity confidence cultures and matrilineal in low confidence ones, and (5) most societies with patrilineal inheritance were patrilocal while most societies with matrilineal inheritance were matrilocal. I model the co-evolution of inheritance patterns and post-marital residence patterns - and their relationship with paternity uncertainty. Using a game theoretic model, I examine how a …

Top Athlete Pay, Kevin F. Hallock

Economics Faculty Publications

The US has a history of discussing the pay of the relatively well-paid. This is partly because pay levels of some are revealed publicly (e.g., CEOs of publicly traded companies). Americans are also characterized as being celebrity-obsessed. So discussing the pay of superstars seems inevitable. However, they do not have quality data on the compensation of the relatively highly paid in many organizations and professions. When the author speaks about compensation in front of large groups, someone (and in many cases, many people) gets incensed over what they term "outrageous" or "egregious" levels of executive compensation. Athletes are rarely mentioned. …

Evans's 'The Turducken' And Chekhov's 'The Seagull', Brian R. Johnson

Russian Faculty Works

In his article "Evans's The Turducken and Chekhov's The Seagull" Brian R. Johnson approaches The Turducken as a travesty of The Seagull, examining six iconic scenes from The Seagull, in order to explore the satirical effect of the altered scenes. In December of 2008, Bedlam Theatre of Minneapolis presented The Turducken, "a holiday dinner theater spectacular inspired by Anton Chekhov's The Seagull." Playwright Josef Evans takes Chekhov's 1895 work and turns the classic piece into a musical and farcical satire. The plot of The Turducken follows the plot of The Seagull, and some scenes in The Turducken are recognizable as …

Take Time To Compliment Those Who Inspire You, Denver E. Severt

UCF Forum

Sometimes we cross paths with others who inspire and motivate greatness. This is particularly true in a learning community such as UCF.

Analysis Of Crime Data Using Principal Component Analysis: A Case Study Of Katsina State, Shehu U. Gulumbe, Dikko H. .G., Bello Yusuf

CBN Journal of Applied Statistics (JAS)

This paper analyses Katsina State crime data which consists of the averages of eight major crimes reported to the police for the period 2006 – 2008. The crimes consist of robbery, auto theft, house and store breakings, theft/stealing, grievous hurt and wounding, murder, rape, and assault. Correlation analysis and principal component analysis (PCA) were employed to explain the correlation between the crimes and to determine the distribution of the crimes over the local government areas of the state. The result has shown a significant correlation between robbery, theft and vehicle theft. While MSW local government area has the lowest crime …

An Assessment Of Monetary Policy Response To Capital Inflows In Nigeria1, Usman M. Okpanachi

CBN Journal of Applied Statistics (JAS)

Large and persistent capital inflows can be a double-edged sword. Accompanying its many attractions is the tendency to display a boom and bust pattern (volatility and reversals) in addition to the possibility of causing rapid exchange rate appreciation, inflation and loss of monetary policy independence. These downside risks create very strong impetus for some sort of policy response like sterilization, fiscal consolidation or controls. This study employs a simple analytical framework to estimate the intensity (and effectiveness) of monetary sterilization by the Central Bank of Nigeria (CBN) in response to increased capital inflows in recent years. The study finds evidence …

Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee

West Virginia Law Review

The political boycott, though recently under attack through litigation aimed at compelled disclosure regimes, is a critical tool in constructing American democracy. Defining political boycotts as those refusals by consumers to buy goods or patronize businesses in order to effect political or social change, this Article is the first paper to place the political boycott at home in all three classic theories underlying the First Amendment: the marketplace of ideas, democracy and self-governance, and self-expression and autonomy. It also situates the boycott alongside current campaign finance doctrine via Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010). Just …

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.

Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros

West Virginia Law Review

No abstract provided.

Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard

West Virginia Law Review

No abstract provided.

Introduction, Ernest Caldwell, Terry Nardin

Chicago-Kent Law Review

No abstract provided.

Excavating Constitutional Antecedents In Asia: An Essay On The Potential And Perils, Arun K. Thiruvengadam

Chicago-Kent Law Review

This essay seeks to endorse Tom Ginsburg's call for studies that expand the relatively limited range of historically informed scholarship on constitutional law in Asia. Such a trend will no doubt also broaden the focus of the discipline of contemporary constitutional scholarship, which remains unjustifiably narrow and excludes many regions of the globe. While appreciating the virtues of Ginsburg's broader analysis, the essay also seeks to draw attention to the potential pitfalls of such historically-oriented inquiry. I emphasize the fact that in many Asian societies, contemporary constitutional practice marks radical departures from pre-existing traditions of law and constitutionalism. Drawing upon …

Horizontal Rights And Chinese Constitutionalism: Judicialization Through Labor Disputes, Ernest Caldwell

Chicago-Kent Law Review

Western academics who criticize Chinese constitutionalism often focus on the inability of the Supreme People's Court to effectively enforce the rights of Chinese citizens enshrined within the Constitution of the People's Republic of China. Such criticism, I argue, is the result of analytical methods too invested in Anglo-American constitutional discourse. These approaches tend to focus only on those Chinese political issues that impede the institution of western-style judicial review mechanisms, and often construe a 'right' as merely having vertical effect (i.e., as individual rights held against the State). Drawing on recent scholarship that studies Chinese constitutionalism using its own categories …