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United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan

Articles

US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …

Analysis Of Information And Communications Technology Adoption Between Small Businesses In China And The United States, Jie Xiong, Sajda Qureshi

Information Systems and Quantitative Analysis Faculty Proceedings & Presentations

This paper reports on two case studies, the Information and Communications Technology (ICT) adoption among small businesses conducted in both United States and China. One small business from Nebraska (United States of America) and one small business from Sichuan (China) were chosen for comparison. The purpose of this paper is to conduct a comparative case study based on the ICT adoption among small businesses in China and the United States. This paper will: (i) build an understanding of small business ICT in both areas, (ii) explore the relationship between the ICT development in less cutting-edge areas of China and the …

Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Use Patents, Carve-Outs, And Incentives — A New Battle In The Drug-Patent Wars, Arti K. Rai

Faculty Scholarship

The Hatch-Waxman Act of 1984 aims to strike a balance between the innovation incentives provided by patents and the greater consumer access provided by low-cost generic drugs. The legislation, which relies in part on an explicit link between the FDA drug approval process and the U.S. patent system, has been controversial, particularly because of the ways in which firms producing brand-name drugs have exploited that link to delay market entry of generics as long as possible. Voluminous scholarship has focused on so-called "pay-for-delay" settlements of patent litigation between brand name and generic firms.

In contrast, this Perspective uses the lens …

Responses To The Five Questions, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Introduction, Paul Finkelman

Faculty Scholarship

No abstract provided.

Section 2 Is Dead: Long Live Section 2, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

Fundamental Forces Driving United States And International Financial Regulations Reform, Lawrence G. Baxter

Faculty Scholarship

Multiple forces create a systemic crisis of the proportions of the Global Financial Crisis of 2008. Global and domestic financial reform is a difficult and perplexing task, one that is likely to take many years, and one that will surely continue to be shaped by a diverse range of forces. Recent measures remain incomplete and in some cases are even proving to be misdirected. This article considers seven fundamental forces shaping actions on future reform, specifically the (1) long term impact of the Crisis (and all financial crises); (2) increase in the “financialization” of the global economy, seemingly disproportionate to …

Slavery In The United States: Persons Or Property?, Paul Finkelman

Faculty Scholarship

No abstract provided.

Concentration In Health Care Markets: Chronic Problems And Better Solutions, Barak D. Richman

Faculty Scholarship

Health care providers with market power enjoy substantially more pricing freedom than monopolists in other markets, for a reason not generally recognized: US-style health insurance. Consequently, monopolies in health care cause undesirable redistribution of wealth and inefficient allocation of resources, both of which burden consumers at levels beyond those of other monopolists. The unusual costliness of monopoly power in health care markets demands far more policy attention than it has received. For starters, the health sector needs a more aggressive antitrust policy that effectively prevents the creation of new provider market power through mergers, alliances, or government immunity. An immediate …

Accountability In Patenting Of Federally Funded Research, Arti K. Rai, Bhaven N. Sampat

Faculty Scholarship

Bayh-Dole allows academic grantees to patent federally-funded research for purposes of promoting the commercialization of this research. To ensure commercialization goals are achieved, the Act requires grantees to report to funding agencies not only the existence of federally-funded patents but also utilization efforts they and their licensees/assignees are making.

Although reporting is a cornerstone of accountability under Bayh-Dole, information about grantee compliance with reporting requirements is incomplete and dated. In fact, the last significant study of the question dates back to the late 1990s and analyzes only 633 patents. Since that time, concerns have emerged that federally-funded university patents are …

Regulating Shadow Banking, Steven L. Schwarcz

Faculty Scholarship

Inaugural Address for Boston University Review of Banking & Financial Law's Inaugural Symposium: “Shadow Banking” February 24, 2012.

Although shadow banking is said to be huge, estimated at over $60 trillion, it is not well defined. This short and accessible paper attempts to define shadow banking by identifying its overall scope and its basic characteristics. Based on the definition derived, the paper also conceptually examines how shadow banking can be regulated to try to maximize its efficiencies while minimizing its risks.

Fits And Starts For Mandatory Arbitration, Roger B. Jacobs

Hofstra Labor & Employment Law Journal

No abstract provided.

The Unjustified Subsidy: Sovereign Wealth Funds And The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

The taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles of sovereign immunity, the foreign sovereign tax exemption, codified in I.R.C. § 892, fails to satisfy the Congressional goals that motivated its creation. This Article explains the current taxation of foreign sovereigns and, by extension, Sovereign Wealth Funds. It then illustrates that the current exemption is simultaneously too broad, providing a tax exemption for activities that are clearly nongovernmental activities, and …

African Vibrations : The Percussive Approach In Hip-Hop Music, Sherese Francis

Student Theses and Dissertations

No abstract provided.

Passions & Prejudice : The Constitution And Same-Sex Marriage, James Meyers

Student Theses and Dissertations

No abstract provided.

Constitution Day 2012: The American Judiciary, Robert Berry

Librarian Publications

Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.

Re-Envisioning Nurse Faculty Mentoring: Developmental Network Connections That Count, Margaret Babb Kennedy

MUSC Theses and Dissertations

Fears surrounding the nurse faculty shortage in the United States have prompted significant emphasis on supporting novice educators and those in transition to new roles within academia through mentoring. Yet a continued focus on traditionally held notions of a hierarchical dyad limits possibilities for facilitating rich, diverse, mentoring relationships. A novel theoretical framework incorporating social network perspective is used to conceptualize the dynamic, multilevel reality of mentoring in examination of nurse faculty mentoring. This dissertation presents the results of an integrative review and qualitative study that explore evidence and experiences of nurse faculty mentoring using the unique developmental network lens, …

Depression, Anxiety, And Symptom Profiles Among Female And Male Victims Of Sexual Violence, Ekta Choudhary, Merideth Smith, Robert M. Bossarte

Faculty & Staff Scholarship

No abstract provided.

Anti-Immigration In The United States: A Historical Encyclopedia [Book Review], Anne Jumonville Graf

Library Faculty Research

Consider Anti-Immigration in the United States: A Historical Encyclopedia a newer, narrower, more explicitly academic take on a well-covered topic among reference resources. Since James Ciment’s seminal, four-volume Encyclopedia of American Immigration published in 2001, there has been a variety of encyclopedias published focusing on the United States and immigration. Most recently, 2010 brought another Encyclopedia of American Immigration (unrelated to the previously mentioned work of the same name) edited by Carl L. Bankston and intended for use by the general public and high school/college undergraduates.

The Third World War: American Hegemony In Latin America And The Overthrow Of Salvador Allende, Samuel Mitchell

CMC Senior Theses

Why has the United States frequently intervened in the affairs of Latin American governments? How have the motivations changed over time, and how have they stayed the same? Are American Presidents more motivated by economic or political threats to hegemony? What methods has the United States used to maintain its dominance over the Western Hemisphere, and how have they changed?

This paper seeks to address all of these questions, using a full historical examination as well as the case study of Salvador Allende's Chile. Drawing upon numerous scholars' work as well as individual research and investigation, this paper seeks to …

A Tumultuous Upheaval And Transformation: The Impact Of The American Revolution On The Bahama Islands, Ross Michael Nedervelt

Master's Theses and Capstones

The position of the Bahama Islands on the periphery Britain's "Blue-Water Empire," far removed from the American Revolution's pitched battles, did not allow the colony to escape unaffected. Rather, the American Revolution had a significant impact on the colony both during and after the conflict. The effects of the Continental Congress' military and commercial policies towards the islands resulted in a political breakdown not seen amongst the remaining loyal British colonies. Furthermore, the effects of the Revolution did not end with the conflict, rather they continued for decades afterwards as many displaced American Loyalists settled on the islands. The Loyalists …

Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel, Eric Posner

Documents

No abstract provided.

Securitized Banking And The Run On Repo, Gary B. Gorton, Andrew Metrick

Documents

Proposes a mechanism for a new kind of bank run and provides supporting evidence for this mechanism through analysis of two novel data sets.

Investment In American International Group, United States: Department Of The Treasury

Documents

No abstract provided.

L Street: Bagehotian Prescriptions For A 21st Century Money Market, George Selgin

Documents

No abstract provided.

The Federal Reserve As Last Resort, Colleen Baker

Documents

No abstract provided.

Fhfa: Annual Report To Congress (2011, United States: Federal Housing Finance Agency (Fhfa)

Documents

No abstract provided.

Accounting News: Troubled Debt Restructurings, Shannon M. Beattie

Documents

No abstract provided.

Buffalo Cooperative Federal Credit Union 2012 Capital Survey, United States: Department Of The Treasury

Documents

No abstract provided.