Digital Commons Network^™

Club Good Influence On Residential Transaction Prices, J. Andrew Hansz, Darren K. Hayunga

Finance Faculty Publications

We examine residential real estate transactions in a market where an additional property right to a club good may have an influence on prices. We find that for single-family property, the market capitalizes approximately 50% of the full value of the extra property right. For condominiums, the amount reduces to approximately 25%. While these amounts are positive, they clearly are significantly lower than full value.

Risk Allocation Across The Enterprise: Evidence From The Insurance Industry, Michael K. Mcshane, Tao Zhang, Larry A. Cox

Finance Faculty Publications

Financial researchers initially regarded hedging activities as a means to reduce total firm risk, which often is defined in terms of cash flow volatility. More recently, researchers have focused on the strategic allocation of risk. Direct tests of risk allocation have been problematic, however, because hedging data are rarely available and, when available, are specific only to a single operation of the firm, such as bank lending. In this study, we exploit unique data from the insurance industry that allows us to observe hedging proxies for both investment and insurance underwriting risks and test the risk allocation hypothesis developed in …

The Value Of "Green:" Evidence From The First Mandatory Residential Green Building Program, Ramya R. Aroul, J. Andrew Hansz

Finance Faculty Publications

There has been recent interest in green building and development practices and research. Resulting from growing environmental awareness and concerns, mandatory residential green building programs have been implemented nationally at the municipal level and Texas has passed legislation to create a statewide program. However, the impact of greenness on residential property values has not been rigorously evaluated. This study examines residential transaction prices in two cities and finds a statistically significant premium associated with "green" properties. Additionally, there is evidence of a larger premium associated with green properties located in Frisco, Texas which has the nations first mandatory green building …

Employment Arbitration: Panel Discussion, Theodore J. St. Antoine

Other Publications

The rapid growth of arbitration in nonunion employment settings has provoked endless debate about its advantages and disadvantages for employers, employees, and unions. Often absent from the debate is systematic, reliable information on the extent of employment arbitration and arbitration outcomes. Professor Alexander Colvin of Cornell University has undertaken pioneering work that explores how employment arbitration is working in practice and its impact on the major players. After Professor Colvin presented his latest findings, a panel of leading arbitrators and advocates discussed the implications of his results for the continuing development of employment arbitration.

The Roles Of Attorneys As Courtroom Experts: Revisiting The Conventional Limitations And Their Exceptions., David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

This Article examines whether attorneys should be allowed to testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several recent cases that prohibited expert legal testimony. Next, this Article addresses some general exceptions to the prohibition against expert legal testimony, such as questions of complex and uncertain law. Finally, this Article examines the use of legal experts in legal malpractice cases.

Reinventing The Wheel: Constructing Ethical Approaches To State Indigent Legal Defense Systems., Bill Piatt

St. Mary's Journal on Legal Malpractice & Ethics

Indigent defense remains in a state of crisis. Almost fifty years after the Supreme Court's landmark decision in Gideon v. Wainwright, lack of funding, favoritism, inefficiency, and poorly-designed indigent[1]defense plans plague the system, which can best be characterized as being in a state of disrepair. As a result, accused indigent individuals, a vulnerable population, suffer from a lack of adequate representation. This Article reviews the history and implementation of various indigent-defense systems and examines the ethical issues arising from their operation. It offers a guide to reconstructing a model system, including the suggestion that attorneys first recommit the profession to …

First, Do No Harm: The Consequences Of Advising Clients About Litigation Alternatives In Medical Malpractice Cases., Katerina P. Lewinbuk

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses whether a lawyer's possible duty to inform and advise his client of potential alternative dispute resolution (ADR) options actually leads to better results for doctors in medical malpractice cases. This Article first explains different theories supporting a potential duty and then argues that all such theories praising ADR rely on the assumption that "valuable" alternatives to litigation always exist and are available to all litigants. That notion is arguably not always true for a physician defending against malpractice complaints; thus, the duty becomes almost meaningless in such cases. With the adoption of the National Practitioner Data Bank …

History Of The Performance Practice Of Mozart’S Fantasie And Sonata K. 475/457, Mikako Ogata

Dissertations, Theses, and Capstone Projects

The pieces chosen for the discussion, the Fantasie and Sonata in C minor, K. 475/457, are especially well documented in terms of their sources: in addition to the composing autographs and the first edition, there is the so-called dedication copy, a manuscript written by a copyist that was given to Maria von Trattner, to whom the Sonata was dedicated. The discussion will include a close examination of these three primary sources, several editions published during the late eighteenth and the nineteenth centuries (including that edited by Johann Anton André, who owned the autographs at the time), and representative recorded performances …

Using The Critical Incident Technique To Research Decision Making Regarding Access To Training And Development In Medium-Sized Enterprises, Alan Coetzer, Janice Redmond, Jalleh Sharafizad

Research outputs 2012

Employees in small and medium-sized enterprises (SMEs) form part of a 'disadvantaged' group within the workforce that receives less access to training and development (T & D) than employees in large firms. Prior research into reasons for the relatively low levels of employee participation in training and development has typically involved surveys of owner/manager opinions. A novel and potentially more fruitful line of inquiry is investigating decisions managers have actually made regarding employee access to T & D. Building on this idea, we describe how the critical incident technique (CIT) was applied in our exploratory study of managerial decision making …

Decision Making Regarding Access To Training And Development In Medium-Sized Enterprises: An Exploratory Study Using The Critical Incident Technique, Alan Coetzer, Janice Redmond, Jalleh Sharafizad

Research outputs 2012

Purpose – The purpose of this paper is to develop an understanding of factors that impinge on managerial decision-making processes regarding employee access to structured training and development (T&D) opportunities that are at least partially funded by the firm. Design/methodology/approach – Semi-structured interviews incorporating the Critical Incident Technique (CIT) were conducted with 14 managers of medium-sized enterprises based in Perth, Western Australia. The interviews explored decisions managers have actually made regarding employee access to T&D and yielded 42 useable critical incidents that served as the unit of analysis. Findings – There were three key findings: first, employee access to T&D …

Corporate Security: Using Knowledge Construction To Define A Practising Body Of Knowledge, David Brooks

Research outputs 2012

Security is a multidimensional concept, with many meanings, practising domains, and heterogeneous occupations. Therefore, it is difficult to define security as a singular concept, although understanding may be achieved by its applied context in presenting a domicile body of knowledge. There have been studies that have presented a number of corporate security bodies of knowledge; however, there is still restricted consensus. From these past body of knowledge studies, and supported by multidimensional scaling knowledge mapping, a body of knowledge framework is put forward, integrating core and allied knowledge categories. The core knowledge categories include practise areas such as risk management, …

Teaching Journalism Students How To Tell Indigenous Stories In An Informed Way: A Work Integrated Learning Approach, Heather Stewart, Michael Williams, Trevor Cullen, Michelle Johnston, Gail Phillips, Pauline Mulligan, Leo Bowman, Michael Meadows

Research outputs 2012

Australian journalism schools are full of students who have never met an Aboriginal or Torres Strait Island person and who do not know their history. Journalism educators are ill-equipped to redress this imbalance as a large majority are themselves non-Indigenous and many have had little or no experience with the coverage of Indigenous issues or knowledge of Indigenous affairs. Such a situation calls for educational approaches that can overcome these disadvantages and empower journalism graduates to move beyond the stereotypes that characterize the representation of Indigenous people in the mainstream media. This article will explore three different courses in three …

Impacts Of Urbanisation On The Native Avifauna Of Perth, Western Australia, Robert Davis, C Gole, Jd Roberts

Research outputs 2012

Urban development either eliminates, or severely fragments, native vegetation, and therefore alters the distribution and abundance of species that depend on it for habitat. We assessed the impact of urban development on bird communities at 121 sites in and around Perth, Western Australia. Based on data from community surveys, at least 83 % of 65 landbirds were found to be dependent, in some way, on the presence of native vegetation. For three groups of species defined by specific patterns of habitat use (bushland birds), there were sufficient data to show that species occurrences declined as the landscape changed from variegated …

Multiple Effects Of Physical Activity On Molecular And Cognitive Signs Of Brain Aging: Can Exercise Slow Neurodegeneration And Delay Alzheimer's Disease?, Belinda Brown, J J Peiffer, Ralph Martins

Research outputs 2012

Western countries are experiencing aging populations and increased longevity; thus, the incidence of dementia and Alzheimer's disease (AD) in these countries is projected to soar. In the absence of a therapeutic drug, non-pharmacological preventative approaches are being investigated. One of these approaches is regular participation in physical activity or exercise. This paper reviews studies that have explored the relationship between physical activity and cognitive function, cognitive decline, AD/dementia risk and AD-associated biomarkers and processes. There is now strong evidence that links regular physical activity or exercise to higher cognitive function, decreased cognitive decline and reduced risk of AD or dementia. …

Virtue, Friendship, And Polis: A Reading Of Paul's Letter To The Philippians, Le Chih Hsieh

ATS Dissertations

No abstract provided.

An Overview Of Cloud Computing Challenges And Its Security Concerns, Krishnun Sansurooah

Research outputs 2012

There has been an increasing advancement about Cloud computing during the past couple of years. Cloud computing has become a new computer model which aims to deliver reliable, customizable and scalable computing environment for end-users. Companies are choosing to move their data, applications and services to the Cloud. The advantages are significant ranging from increasing the availability, reliability, light weight, easily accessible applications, and low cost but so are the risks associated with. Companies that require application hosting could potentially benefit from the provisioning of computing infrastructure resources as a service. In addition to the economic advantages of an on-demand …

A Proposed Method For Examining Wireless Device Vulnerability To Brute Force Attacks Via Wps External Registrar Pin Authentication Design Vulnerability, Symon Aked, Christopher Bolan, Murray Brand

Research outputs 2012

Wi-Fi Protected Setup (WPS) is a certification scheme introduced in 2007 to ensure that wireless SOHO (Small Office, Home Office) and home networks could be connected to in a trusted, yet user friendly manner. Recently, WPS was shown to have a design and implementation flaw which makes the feature highly susceptible to attack. Although open-source tools have been written and released, no formal testing methodology has been developed. This research presents a proposed method for the testing of this vulnerability in a measured and systematic way.

User Reaction Towards End User License Agreements On Android Smartphones, Hamish Cotton, Christopher Bolan

Research outputs 2012

Smartphones are increasingly recognized as the most popular computing platform, forming an integral part of the way users interact with the online world. Accompanied with the advent of user-installed content, End User License Agreements have surfaced mirroring issues previously arising on more traditional platforms. This survey conducted in Perth, Western Australia looked at user behavior when viewing and accepting EULAs on smartphone devices. The results show that a majority of users do not read such agreements citing issues of readability and length.

An Exploratory Investigation Into Voluntary Employee Turnover And Retention Practices In The Small Business Sector, Olivia Gialuisi, Alan Coetzer

Research outputs 2012

Given the scant research on turnover and retention in small businesses, this study addresses the question: what factors influence voluntary employee turnover in small businesses and how do ownermanagers retain key employees? This question was broken into three research objectives. Data were collected via semi-structured interviews with nine owner-managers and seven employees from eleven Australian small businesses. Findings of this study identify adverse consequences of turnover, uncover antecedents of voluntary turnover, pinpoint small business characteristics that enhance employee retention and present a suite of small business employee retention strategies. Implications of the findings for management practice are explained. Limitations of …

Addressing The Digital Divide - It Management Practices In Rural Nghsos, Philip Dobson, Zane D'Mello

Research outputs 2012

Non Government Human Service Organisations (NGHSOs) are owned by the community they serve. Staffed by a committee of volunteers representing its membership their primary mission is to serve those experiencing some form of social disadvantage. In the emerging information intensive climate, NGHSOs are increasingly under pressure to use information technology (IT) to underpin and transform traditional methods of service delivery, particularly given the advent of the NBN. There has been little research into the IT management practices of small NGHSOs, and more particularly those that operate in regional, rural and remote communities. This paper describes research that examines the key …

Experimental Infection Of Malaria Mosquitoes With Entomopathogenic Fungus, Beauveria Bassiana Under Field Conditions, Annette Obukosia Busula

All Master’s Theses

Many successful laboratory studies have demonstrated the potential of using the entomopathogenic fungus, Beauveria bassiana against malaria mosquitoes. This study focussed on infection of wild malaria mosquitoes with the entomopathogeriic fungus B. bassiana under field conditions. Four experiments were carried out under laboratory conditions by use of World Health Organization bioassay cones, for exposure of3-6 days old, non-blood fed laboratory-reared Anopheles arabiensis mosquitoes on 100% black cotton cloths impregnated with spores of B. bassiana : from stocks of i) 80% viability for 10-70 minutes ii) 78, 51 and 50% including decayed spores of initially 80% viability iii) and 35% cotton …

Composition And Repellency Of Essential Oils Of Tagetes Minuta From Different Zones In Kenya Against Brown Ear Tick (Rhipicephalus Appendlculatusi, Benard Omache Makang' A

All Master’s Theses

Ticks are haematophagous ectoparasites capable of transmitting diseases to vertebrates and, therefore, constitute a threat to human, livestock and wildlife health. Though synthetic chemical aearicides have made a tremendous impact over the years in the control and management of the vector on livestock, ticks have developed resistance to most of them. In addition, the chemicals are toxic to non-target organisms. In some parts of Kenya, powdered parts of some plants, including those of Tagetes minuta L., are used to control ticks from the animals. The study aimed at characterizing and evaluating the repellency of the essential oils of T. minuta …

Economic Assessment Of Losses Due To Fruit Fly Infestation In Mango And The Willingness To Pay For An Integrated Pest Management Package In Embu District, Kenya, Caroline M. Mugure

All Master’s Theses

Mango production is a major form of income generation for Kenyan large and small-scale farmers. However, it is confronted with the major threat of fruit fly infestation which causes reduction of quality and quantity of marketable fruit resulting to considerable produce losses. New and cheaper methods to reduce fruit fly infestation levels in mango production have been developed, but farmers' willingness to pay (WTP) for them is not known. First, this study was conducted in Embu district, and it aimed to examine the magnitude of losses caused by fruit flies at the farm level via rejections during harvest using descriptive …

Optimization Of Growth Conditions Of Bacillus Thuringiensis Isolates From Various Sources In Kenya And Toxicity Assays Of Their Delta-Endotoxin Against Chilo Partellus, Daniel Anyika Kwalimwa

All Master’s Theses

Chemical pesticides have disadvantages such as high production costs, short persistence, comparative low efficacy, development of resistance to toxin and causing ecological damage. In order to obtain cheaper biopesticides, many locally available and inexpensive agricultural/industrial byproducts have potential as culture media for Bacillus thuringiensis Crystal protein production. In this study, cost-effective media were developed, based on locally available raw materials namely legumes, potato, and whey. Optimization studies indicate that pH 6.4-7.5 was best for sporulation and OD 600 was highest at 37 °C for all isolates tested. The optical density, protein concentration yield, sporulation and Chilo partellus larvicidal action were …

What A Load Of Hope: The Post-Racial Mixtape, Jeremiah Chin

Articles

This Comment analyzes how Supreme Court decisions and recent legislation have used the language of post-racialism to re-center whiteness through the law. Rather than using explicit racist language, the post-racial project exploits the language of historical antiracist efforts to negate experiences with discrimination while continuing a hostile environment for racial groups and promoting white supremacy in the United States.

Beginning with Supreme Court decisions on affirmative action, in Regents of the University of California v. Bakke and Grutter v. Bollinger, and school desegregation in Parents Involved in Community Schools v. Seattle School District No. 1, this Comment analyzes …

Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decisionmaking, Christine N. Cimini

Articles

This Article examines judicial decisionmaking in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this Article identifies a uniform judicial reliance upon “fault-based” factors. This Article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decisionmaking modalities utilized …

Risk Magnified: Standing Under The Statist Lens, Mary D. Fan

Articles

Why some harms count before the courts and others do not is a matter of acute expressive and practical impact. Judicial refusal to see claimed injuries is an effective denial of legal personhood and a bar from powerful judicial machinery. The issue of “erratic, even bizarre” judicial recognition of supplicants vexed Professor Joseph Vining as early as 1978. Recent scholarship argues that injuries are seen through a subjective lens, reflecting the relative privilege of the judiciary and their concomitant difficulties in perceiving injuries to minorities and the poor. This is a troubling contention. So long as another, objective explanation remains, …

Rolling Back The Tide: Challenging The Criminalization Of Immigrants In Washington State, Angélica Cházaro

Articles

No abstract provided.

Teaching Health Law In Rural Ethiopia: Using A Pepfar Partnership Framework And India's Shanbaug Decision To Shape A Course, Sallie Thieme Sanford [email protected]

Articles

In April 2011, I taught a month-long intensive health law course at Haramaya University College of Law in rural eastern Ethiopia. Given the burgeoning interest in global health law, I suspect, and hope, that others are considering teaching similar courses, whether as visiting or resident faculty. This essay attempts to ease their course preparation workload. I will describe how I used two recent documents – India’s 2011 Shanbaug decision and Ethiopia’s 2010 PEPFAR Partnership Framework – to shape the course. Both of these are worth consideration for use in a variety of health law and policy courses based in low-income …

Designing Model Homes For The Changing Medical Neighborhood: A Multi-Player Pilot Offers Lessons For Aco And Pcmh Construction, Sallie Thieme Sanford [email protected]

Articles

This Article first describes the ingrained construction incentives in our current health care system and the challenges they present. The Article then turns to key innovations to address these challenges, with a particular focus on accountable care and medical homes. Next, the Article considers the early spec houses" that provide the model for the PCMHs under development throughout the country. Then, the Article focuses on the design and finance features of Washington's ongoing pilot. Finally, the Article concludes with thoughts on a series of questions raised by this pilot and others like it. Ultimately, what medical home designs are best …