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2015

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Institution
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Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount Dec 2015

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount

Faculty Publications

Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …


Schaffer And Monism: Validating The Priority Of The Whole, Phillip Av Pennell Dec 2015

Schaffer And Monism: Validating The Priority Of The Whole, Phillip Av Pennell

CMC Senior Theses

Philosophy Thesis


Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar Dec 2015

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar

Faculty Scholarship

No abstract provided.


Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi Dec 2015

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson Dec 2015

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Commercial Law And The Public Interest, Jay Lawrence Westbrook Dec 2015

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Dec 2015

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh Dec 2015

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich Dec 2015

Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich

Penn State Journal of Law & International Affairs (2012 - Present)

Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …


The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas Dec 2015

The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss Dec 2015

Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami Dec 2015

An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship Dec 2015

The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals Dec 2015

Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer Dec 2015

Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Sugar In School Breakfasts: A School District's Perspective, Jennifer G. Lengyel Ms, Rdn, Ld, Nan Cramer Rdn, Ld, Amanda Oceguera Ms, Rdn, Ld, Lana Pigao Ma, Houston Independent School District, Nutrition Services Department Dec 2015

Sugar In School Breakfasts: A School District's Perspective, Jennifer G. Lengyel Ms, Rdn, Ld, Nan Cramer Rdn, Ld, Amanda Oceguera Ms, Rdn, Ld, Lana Pigao Ma, Houston Independent School District, Nutrition Services Department

Journal of Applied Research on Children: Informing Policy for Children at Risk

A recent series of emails and phone calls from parents concerned about the sugar content of Houston Independent School District’s school breakfasts revealed that a new issue had risen to the surface. This prompted us to look closely at the sugar content of our breakfast items. School districts participating in the National School Breakfast Program follow a strict set of nutritional regulations set forth by the USDA under the Healthy Hunger Free Kids Act (HHFKA) of 2010 in response to the childhood obesity epidemic. HHFKA made significant changes to the breakfast meal pattern, but did not set standards for the …


People And Other Things That I Want To Be In Love With, Lee Hope Dec 2015

People And Other Things That I Want To Be In Love With, Lee Hope

Coastlines

No abstract provided.


By: Jordan, Lee Hope Dec 2015

By: Jordan, Lee Hope

Coastlines

No abstract provided.


Deep Vein Thrombosis In An Ambulatory Hemiparetic Stroke Patient Probably Due To Exercise-Related Repetitive Impact: A Casereport, Kun-Chang Lee, Chien-Ting Liu, Pi-Wei Wang, An-Fang Hsiao, Yi-Shiung Horng Dec 2015

Deep Vein Thrombosis In An Ambulatory Hemiparetic Stroke Patient Probably Due To Exercise-Related Repetitive Impact: A Casereport, Kun-Chang Lee, Chien-Ting Liu, Pi-Wei Wang, An-Fang Hsiao, Yi-Shiung Horng

Rehabilitation Practice and Science

Deep vein thrombosis (DVT) of the lower extremity is a multifactorial and potentially fatal complication following stroke. However, repetitive impact on the lower extremity is a relatively uncommon risk factor for DVT. We report an ambulatory hemiparetic stroke patient who, without classic DVT risk factors, developed a lower extremity DVT probably due to repetitive impact on the popliteal fossa after the inappropriate use of a seated leg flexion machine. This case can remind physiatrists and therapists of the importance of preventing patients from using non-ergonomic postures during training sessions.


2015 Q4 Market Pulse Report, Craig R. Everett Dec 2015

2015 Q4 Market Pulse Report, Craig R. Everett

Pepperdine Market Pulse Report

The quarterly IBBA and M&A Source Market Pulse Survey was created to gain an accurate understanding of the market conditions for businesses being sold in Main Street (values $0-$2MM) and the lower middle market (values $2MM -$50MM). The national survey was conducted with the intent of providing a valuable resource to business owners and their advisors. The IBBA and M&A Source present the Market Pulse Survey with the support of the Pepperdine Private Capital Markets Project and the Graziado School of Business and Management at Pepperdine University.


Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288: More Certainty Concerning The Builder’S Duty Of Care For Economic Loss, Brittany Cherry Dec 2015

Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288: More Certainty Concerning The Builder’S Duty Of Care For Economic Loss, Brittany Cherry

The University of Notre Dame Australia Law Review

No abstract provided.


Pengaruh Persepsi Siswa Terhadap Faktor-Faktor Yang Mempengaruhi Prestasi Belajar Teori Kejuruan Siswa Smk, Arwan Nur Ramadhan, Soenarto Soenarto Dec 2015

Pengaruh Persepsi Siswa Terhadap Faktor-Faktor Yang Mempengaruhi Prestasi Belajar Teori Kejuruan Siswa Smk, Arwan Nur Ramadhan, Soenarto Soenarto

Jurnal Pendidikan Vokasi

Penelitian ini bertujuan untuk mengungkap: (1) persepsi siswa tentang kompetensi mengajar guru, pola asuh orang tua, motivasi berprestasi siswa, kelengkapan sarana prasarana praktik, dan prestasi belajar teori kejuruan; (2) pengaruh keempat variabel bebas secara sendiri-sendiri maupun bersamasama terhadap variabel terikat. Penelitian ini merupakan penelitian ex-post-facto, dilaksanakan di empat SMK se-Kabupaten Sleman. Populasi 205 siswa kelas XII Teknik Komputer dan Jaringan T.A 2014-2015. Teknik sampling menggunakan proportionate random sampling dan jumlah ditentukan berdasarkan tabel Krejcie & Morgan. Teknik analisis data menggunakan analisis deskriptif dan regresi. Hasil penelitian menunjukkan bahwa persepsi siswa tentang: (1) kompetensi mengajar guru sangat tinggi; pola asuh orang …


An Assessment Model Of Historical Thinking Skills By Means Of The Rasch Model, Ofianto Ofianto, Suhartono Suhartono Dec 2015

An Assessment Model Of Historical Thinking Skills By Means Of The Rasch Model, Ofianto Ofianto, Suhartono Suhartono

REID (Research and Evaluation in Education)

This study was conducted to produce a model and instruments of historical thinking skills in the history subject at the senior high school (SHS) and to identify SHS students' historical thinking skills. The study was conducted in two stages, namely model development and instrument development altogether with a small-scale tryout and a large-scale tryout. The test for each tryout consisted of six and five sub-test sets. Each test set contained 20 anchor items. The sample for each tryout comprised 1573 and 2613 testees. The data was analyzed by means of Partial Credit Model (PCM) using the QUEST program. The overall …


The Effectiveness Of English Teaching Program In Senior High School: A Case Study, Alfred Irambona, Kumaidi Kumaidi Dec 2015

The Effectiveness Of English Teaching Program In Senior High School: A Case Study, Alfred Irambona, Kumaidi Kumaidi

REID (Research and Evaluation in Education)

This research seeks to evaluate the effectiveness of the English teaching program in senior high school: Case of SMAN3 Yogyakarta, grade eleven. This study was a summative case study using a mixed-method. Descriptive statistics were used to analyze quantitative data and qualitative data followed a descriptive analysis following the CIPP model. The informants were 43 students of SMAN3 and two English teachers. The context findings showed that program objectives, classroom condition, students' needs and barriers were in effective category. In input component, it is found that both teachers were qualified and experienced. The teaching training was not enough; students' textbooks …


Arkansas Water Resources Center Annual Technical Report, 2015, Arkansas Water Resources Center Dec 2015

Arkansas Water Resources Center Annual Technical Report, 2015, Arkansas Water Resources Center

Arkansas Water Resources Center Annual Report

No abstract provided.


14-08 Big Data Analytics To Aid Developing Livable Communities, Li Yang, Hyunkeun Cho, Jun-Seok Oh Dec 2015

14-08 Big Data Analytics To Aid Developing Livable Communities, Li Yang, Hyunkeun Cho, Jun-Seok Oh

Transportation Research Center Reports

In transportation, ubiquitous deployment of low-cost sensors combined with powerful computer hardware and high-speed network makes big data available. USDOT defines big data research in transportation as a number of advanced techniques applied to the capture, management and analysis of very large and diverse volumes of data. Data in transportation are usually well organized into tables and are characterized by relatively low dimensionality and yet huge numbers of records. Therefore, big data research in transportation has unique challenges on how to effectively process huge amounts of data records and data streams. The purpose of this study is to conduct research …


Factors Discouraging Students From Schooling: A Case Study At Junior Secondary School In Laos, Chanthaboun Keoviphone, Udik Budi Wibowo Dec 2015

Factors Discouraging Students From Schooling: A Case Study At Junior Secondary School In Laos, Chanthaboun Keoviphone, Udik Budi Wibowo

REID (Research and Evaluation in Education)

This study is aimed at exploring and describing the factors discouraging Laos students from schooling at a secondary school in various contexts such as classroom and school, individual student, family, and community contexts. Descriptive qualitative approach was used, and the framework of the study was formulated around the aspects of school and classroom situation, principal's management process, teachers' teaching organization and performance, parents' involvement and perception, and community's involvement and perception. The data were collected through observation, document analysis, and interview from 10 students, six teachers, one principal, one vice principal at Phonsyneua Junior Secondary School, and seven parents whose …


Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann Dec 2015

Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann

The University of Notre Dame Australia Law Review

This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …