Digital Commons Network^™

The Monitor-“Client” Relationship, Veronica Root

Journal Articles

This Article argues that providing a set of clear, enforceable, predictable rules regarding the scope of monitorships that facilitate a monitor’s function as a legal counselor will improve the long-term effectiveness of monitorships. This Article suggests one mechanism for achieving this goal—a statutory privilege—aimed at encouraging a formalized relat+H23ionship amongst a monitor, the government, and the corporation, which re-conceptualizes the relationship as “The Monitor-‘Client’ Relationship.”

The Right To Include, Daniel B. Kelly

Journal Articles

Recent scholarship has created renewed interest in the “right to exclude.” Many contend that, because owners have a right to exclude, private property has a tendency to promote individualism and exclusion. But, as I will argue, property can promote sociability and inclusion by providing owners with various ways of including others. Owners can assert their “right to include” by waiving exclusion rights, dividing existing rights by contracts or property forms, and creating new co-ownership arrangements. Inclusion is socially beneficial insofar as it enables sharing and exchange, facilitates financing and risk-spreading, and promotes specialization. Yet inclusion may entail costs, including coordination …

Private Law In The Gaps, Jeffrey A. Pojanowski

Journal Articles

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …

Systematics And Biogeography Of The Australian Burrowing Freshwater Crayfish Genus Engaewa Riekk (Decapoda: Parastacidae), Quinton Burnham

Theses: Doctorates and Masters

The overall aim of this study was to explore the systematics and biogeographic patterns of the freshwater crayfish genus Engaewa Riek, a strongly burrowing freshwater crayfish restricted to the coastal corner of south-western Australia (SWA). The genus Engaewa is a Gondwanan relict with great potential as a marker of historical processes, due to its high habitat specificity and low dispersal ability. This study comprises an extensive taxonomic and phylogenetic revision of the genus Engaewa (using both molecular and morphological data), a detailed study of its distribution and uses the knowledge gained to explore biogeographic patterns in the biodiversity hotspot of …

Relative Importance And Plasticity Of Anatomical And Neuromuscular Factors Affecting Joint Torque Production, Joanne C. Trezise

Theses: Doctorates and Masters

The present research aimed to determine (i) the relative influence anatomical and neuromuscular variables on maximal isometric, concentric and eccentric knee extensor torque (Study 1); (ii) whether the change in strength following a 10-week strength training program is associated with changes in specific anatomical and neuromuscular variables (Study 2a); (iii) whether anatomical and neuromuscular adaptations are dependent on their pre-training magnitudes; and (iv) whether it is possible to ‘predict’ an individual’s adaptation to strength training based on their anatomical and neuromuscular pre-training magnitudes (Study 2b).

The variables assessed throughout the studies include muscle cross-sectional area (CSA), fascicle length and angle …

Website Accessibility In Australia And The National Transition Strategy: Outcomes And Findings, Vivienne Conway

Theses: Doctorates and Masters

In the most recent statistics, published by the Australian Bureau of Statistics in 2012, it was reported that slightly under one in five people stated they had a disability. A further twenty-one percent of the population (4.7 million people) reported that they had a long-term health condition that did not restrict their everyday activities. This total group of people who suffer either a disability or a long-term health condition numbers 8.9 million people, or over thirty-nine percent of the Australian population. Of the people reporting a disability, 3.7 million or eighty-eight percent of that group experienced limitations in the activities …

An Investigation Of Technique And Equipment Factors Associated With Clubhead Speed In Golf, Christopher Joyce

Theses: Doctorates and Masters

If golfers achieve long hitting distances whilst maintaining their accuracy they will gain a competitive advantage. To increase hitting distance, faster clubhead speed is required and this can potentially be achieved through a number of factors. Firstly, anthropometric factors such as height and physical factors such as trunk rotational power have been previously considered to be of importance. However, biomechanical factors such as; the X-factor (separation of the trunk-pelvis alignment when viewed in the transverse plane), have been a major focus of recent research. Further, the interaction of the golfer with the implement they hit with i.e. the golf club …

Spiritual Level Of Intelligence Of The Staff Of The Ongoing Governmental Departments In The Governorate Of Muscat In Light Of Some Variables, Amjad Hayajneh, Fatma S. Al-Ghadani

Journal of Educational and Psychological Studies

This study aimed to detect the levels of availability of the spiritual intelligence of the staff of the government departments in the governorate of Muscat in light of some relevant variables. The study sample consisted of 500 randomly and hierarchically chosen employees: 225 males and 275 females. To achieve the objectives of the study, a proper scale was designed to measure the spiritual intelligence. The results of statistical analysis of the data of the study revealed that the levels of the availability of spiritual intelligence for the members of the sample were high. The arithmetic average for the spiritual intelligence …

Quantification Of Eccentric Load Using Accelerometer Imbedded In Gps, Chow Chea Yeo

Theses: Doctorates and Masters

Global positioning system (GPS) with a triaxial accelerometer is widely used to monitor movements of athletes in games and training, and “body load” (BL) representing the accumulation of the rate of changes in three planes of movements is obtained to determine the training load of a session. Deceleration, change of directions and stopping require eccentric contractions of leg muscles, potentially causing muscle damage and affecting athletic performance. Thus, it is important to monitor eccentric loading in games and training. A variable known as “eccentric index” (EI) purports to be a better representation of eccentric loading than BL. However, it is …

The Identity Of The Heart Patient In The Context Of The Gift Economy: Heartnet And Media Framing, Lynsey Uridge

Theses: Doctorates and Masters

This health communication research examines the identity levels of the heart patient on a therapeutic website HeartNET through an empirical investigation of site interactions as manifestations of a gift economy. The thesis also explores the media’s representation of heart health in both television and print.

This research utilised a longitudinal qualitative ethnographic and netnographic approach involving twenty-six participants who completed two in-depth interviews. The first one-on-one interview occurred during the early stages of the participants’ heart journey, explored their heart story and use of interactive technology for heart health support. The second interview occurred six to twelve months later, and …

Intent To Action: Overcoming Barriers To Universal Basic Education Policy Implementation In Nigeria, Stephen Dele Bolaji

Theses: Doctorates and Masters

Nigeria’s first nationwide ‘free and compulsory’ primary schooling was introduced in the 1970s with the Universal Primary Educational policy. This policy was engulfed by chaos during its implementation, which invariably left behind many school-age children nationwide (Denga, 2000). The ushering of the democratic dispensation in 1999 witnessed the launch of a new scheme that came to be known as ‘Universal Basic Education’ (UBE). It is over a decade now since this new programme was implemented, yet there has been little demonstrated success or achievement. Although the programme was designed to address sectoral issues such as access to education, student retention, …

Influence Of Hydrological And Environmental Conditions On Mangrove Vegetation At Coastal And Inland Semi-Arid Areas Of The Gascoyne Region, Natasha Robin Dunham

Theses: Doctorates and Masters

Mangrove stands are uncommon within semi-arid climates and rare within inland systems. It is uncertain whether the same environmental variables influence mangroves growing in a semi-arid climate as the trees growing in tropical and sub-tropical areas. Field studies conducted on the ecophysiological responses of the mangrove species Avicennia marina are few; however hydrological regimes are considered the key factor influencing mangrove stand zonation, structure and individual tree growth. The Gascoyne region of Western Australia provides a unique opportunity to investigate whether mangroves growing within an inland semi-arid environment display similar growth patterns and ecophysiological responses to their coastal counterparts.

This …

2014 Usd Fact Book, University Of San Diego

USD Fact Books (1985- )

No abstract provided.

Usd President's Report 2014, University Of San Diego

President's Reports (1985- )

Mission Statement, President's Message, The 2013-2014 Year in Review, Financial Operations, Giving to the University, Leadership

Identification Of Plasma Lipid Biomarkers In Alzheimer's Disease, Rhona Creegan

Theses: Doctorates and Masters

Alzheimer’s disease (AD), the commonest form of dementia, is a chronic, progressive neurodegenerative disease which manifests clinically as a slow global decline in cognitive function, including deterioration of memory, reasoning, abstraction, language and emotional stability, culminating in a patient with end-stage disease, totally dependent on custodial care. With an ageing population, there is predicted to be a marked increase in the number of people diagnosed with AD in the coming decades, making this a significant challenge to socio-economic policy and aged care. Currently there is no cure for AD and while current therapies may temporarily ameliorate symptoms, death usually occurs …

A Preliminary Investigation Of The Potential Effects Of The Invasive Mozambique Tilapia Oreochromis Mossambicus On The Native Fish Assemblages Of Lake Macleod, Western Australia, Hannah Cameron-Caluori

Theses: Doctorates and Masters

As one of the major threats to biodiversity in aquatic systems, invasive species can alter the structure and function of a community, often through habitat and resource competition, and/or direct predation. This study aims to determine if invasive tilapia (Oreochromis mossambicus) is likely to have an effect on the native fish communities of Lake MacLeod, a unique and important inland, saline lake system in north-western Western Australia, through competition for key resources, namely habitat and food sources. Seven study sites were selected within the Northern Ponds of Lake MacLeod, from which fish abundances were assessed in three habitats …

Educational Poverty By Design: A Case Of Mismanagement Of National Resources, Nisar Ahmad

Business Review

The purpose of this paper is to review and evaluate the causes of educational poverty in less developed countries. The basic intent in carrying out such a study is to define and derive the role of governing agencies in deliberately creating educational poverty in the country to safeguard the private interest of the rich and powerful ruling class of the society. This study is of major interest because majority of people living in less developed countries are poor in spite of the fact that almost all these countries own ample human and material resources and they have accumulated huge amount …

Determinants Of Trade Balance: A Comparison Between Pakistan And India, Khola Asif, Aurangzeb -

Business Review

This study investigates and compares the determinants of the trade balances of Pakistan and India. In this research the impact of gross domestic product (GDP), foreign direct investment (FDI), exchange rate (ER) and the remittances on the trade balance of India and Pakistan have also been considered. For this, time series data from 1981 to 2010 is used. The results of the study are based on the regression analysis, and granger causality test. Regression analysis showed that the GDP of India and Pakistan both have significant positive impact on the balance of the trade, FDI has significant negative impact on …

Flexing Agency Muscle?, Richard J. Lazarus

Georgia Law Review

"Muscular" is not an adjective that commentators typically associate with federal agencies. The Office of the President of the United States prides itself in its muscularity, and ever since the days of President Theodore Roosevelt, the President is frequently said to enjoy the rhetorical advantages presented by that Office's "bully pulpit."' Congress routinely is characterized as flexing its legislative muscle in the statutory commands and prohibitions included in its enactments, and in the harsh critiques it launches in highly publicized oversight hearings. And the courts are regularly accused by everyone, of every possible ideological stripe, of being excessively muscular every …

China's Business-Tax-To-Vat Reform: An Interim Assessment, Wei Cui

All Faculty Publications

The reform to replace the Business Tax (BT) with the VAT is the largest tax reform initiative in China since 1994. This article assesses the first two years of the reform from a tax policy perspective. It shows that the government has tried to preempt resistance to reform through highly unusual tax design and by allowing local governments to retain revenue from pilot sectors. The VAT for pilot sectors is characterized by two new reduced rates that apply to a wide range of business-to-business transactions as well as consumer services (such as internet and mobile data services) not generally regarded …

The Legal Maladies Of 'Federalism, Chinese-Style', Wei Cui

All Faculty Publications

In the study of Chinese law, the theme of “central-local relations” has rarely been the focus of theoretical, empirical, or even doctrinal analysis. Instead, scholars have privileged judicial institutions, general discourses about the rule of law, and their relations to authoritarianism as themes for inquiry. This is of course not unlike the study of legal systems elsewhere: the literatures on federalism and on the rule of law, while each vast in themselves, rarely overlap. In this chapter, I summarize arguments I make elsewhere that the allocation of power and responsibilities among different tiers of government has in fact had major …

An 'I Do' I Choose: How The Fight For Marriage Access Supports A Per Se Finding Of Persecution For Asylum Cases Based On Forced Marriage, Natalie Nanasi

Faculty Journal Articles and Book Chapters

There is something special about marriage. The U.S. Supreme Court, in striking down anti-miscegenation laws, restrictions on the right to marry for disadvantaged groups, and most recently, the Defense of Marriage Act, has long recognized the marital union to be "sacred" and "fundamental to…existence." Yet this analysis is dramatically different when courts consider asylum law, where a woman who is seeking refuge in the United States to protect her from a forced marriage abroad will likely be denied protection because the harm she fears is not considered to be a "persecutory" act. She may therefore be forced to spend a …

Larry From The Left: An Appreciation, Grant M. Hayden, Matthew T. Bodie

Faculty Journal Articles and Book Chapters

This essay approaches the scholarship of the late Professor Larry Ribstein from a progressive vantage point. It argues that Ribstein's revolutionary work upended the "nexus of contracts" theory in corporate law and provided a potential alternative to the regulatory state for those who believe in worker empowerment and anti-cronyism. Progressive corporate law scholars should look to Ribstein's scholarship not as a hurdle to overcome, but as a resource to be tapped for insights about constructing a more egalitarian and dynamic economy.

A Game Changer For The Political Economy Of Economic Development Incentives, Stephen E. Ellis, Grant M. Hayden, Cynthia L. Rogers

Faculty Journal Articles and Book Chapters

State and local governments have embraced their authority to offer economic development incentives for the purpose of attracting, retaining, or enhancing economic activity within their borders. Collectively, these programs represent an enormous, but largely overlooked, transfer of wealth from public entities to private firms. The increasing use of economic development incentives runs counter to the guidance offered by academic researchers. With their proliferation comes the increasing need for accountability in the decision-making process. The authors consider whether the duty of care standard used in corporate governance should be applied to the public decision-making context regarding economic development incentives.

Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the possibility of permanent removal from the United States. These circumstances make the immigration system a unique case study for exploration of …

Montana's Rural Version Of The School-To-Prison Pipeline: School Discipline And Tragedy On American Indian Reservations, Melina Healey

Scholarly Works

American Indian adolescents in Montana are caught in a school-to prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems. While these are typical of the school-to-prison phenomenon as it also appears in poor minority communities across the country, the rates and the disproportion for American Indians in Montana are particularly acute. Even more disturbing, many American Indian students in Montana are also the victims of another heartbreaking trend related to the school-to-prison pipeline — alarming levels of adolescent suicides and self-harm. The tragic situation …

Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen

Scholarly Works

Local land use laws offer powerful tools for climate change adaptation and mitigation. However, notwithstanding New York municipalities’ many impressive efforts, local laws are not yet being utilized sufficiently to create disaster-resilient or disaster-adaptive communities. New York City has done substantially more than many other cities, including, critically, setting specific CO2 emissions reduction targets and amending zoning and building codes. But, in light of the evidence of climate change and its impacts, local decision makers, resource managers, and planners throughout the state must ask whether we are doing enough. Failure to do so will continue to be costly in terms …

The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin

Scholarly Works

Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck (the author) is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment …

How To Make America Walkable, Michael Lewyn

Scholarly Works

Review of Walkable City, by Jeff Speck

Learning From Detroit, Michael Lewyn

Scholarly Works

Reviews a recent book about Detroit's problems.