Business Commons^™

Start: Overcoming Remaining Challenges, Elizabeth Zolotukhina

Journal of Strategic Security

During the administrations of Presidents George W. Bush and VladimirPutin, the governments of Russia and the United States could not agreeon how to codify their balance of strategic offensive nuclear forces after the existing Strategic Arms Reductions Treaty (START) expired onDecember 5, 2009.1 The United States and Russia are currently engagedin negotiations to replace START with a new treaty before the end of this year.

Hall And Monagle Notes For Deposition Of Fr. John Cannon, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Financial Regulatory Reform And Private Funds, Anita Krug

All Faculty Scholarship

This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.

Santa Clara Magazine, Volume 51 Number 1, Summer 2009, Santa Clara University

Santa Clara Magazine

14 - INAUGURATING PRESIDENT ENGH By Steven Boyd Saum. On the occasion, a ringing challenge from President Engh: Make SCU a champion for environmental justice. Read the speech and see the photos.

22 - SAVING BOUNTY By Elizabeth Svoboda. Our food-safety system is in shambles, but there are ways to make it work again. For one answer, look to your leafy greens.

28 - CAN WE SOLVE HUNGER IN OUR LIFETIME? BY Dashka Slater. Here are six ideas that, practiced together, will make a difference.

34 - ALTERNATIVE REALITY: "WORLD WITHOUT OIL" By Paul Totah '79. Alternate reality games can …

New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts

Law Faculty Scholarship

The recently enacted Trademark Dilution Revision Act of 2006 recalibrated the degree of fame necessary to garner protection: the TDRA applies only to a mark "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner." By privileging those major players who succeed in turning their brands into household names, the TDRA strengthens incentives for mark-owners to ensure their logos and brand names are well-recognized not only among adult consumers, but also among children. This Article examines a set of marketing behaviors aimed at children that …

State Constitutional Limits On New Hampshire‘S Taxing Power: Historical Development And Modern State, Marcus Hurn

Law Faculty Scholarship

The New Hampshire Constitution is, in most of its fundamental parts, very old. It is long (nearly 200 articles) and wordy, even by the standards of the eighteenth century. It expresses essential principles in more than one place, in more than one way, and in language that to modem eyes is more suited to political philosophy than to positive law. Most of it was copied from the original Massachusetts Constitution, itself based on a draft by John Adams. However, there is no other state in the union with a structure of taxing powers and limits comparable to New Hampshire's.

Minority Shareholders And Direct Suits In Closely Held Corporations Where Derivative Suits Are Impractical: Durham V. Durham, Jason M. Tanguay

The University of New Hampshire Law Review

[Excerpt] “Suppose A, B, and C are the sole shareholders and directors of a corporation. A and B have used corporate funds for their own personal use and such use has depleted the corporation’s assets. C now wishes to commence a legal proceeding to recover the damages. Should C be forced to recover through a derivative suit brought on behalf of the corporation just because the depletion of the corporate assets affected all of the shareholders and not just C? Not necessarily.

In Durham v. Durham, the Supreme Court of New Hampshire permitted a minority shareholder, in a closely held …

Flexible Work Arrangements (Fwas): Possible Public Policy Approaches, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

There is a range of ways in which public policy can help workplace flexibility become a norm in the American workplace. Indeed, the various bills introduced in the 110th Congress to increase access to FWAs, one component of workplace flexibility, represent a wide range of public policy approaches.

This document categorizes and characterizes these public policy approaches to help clarify the options that might be pursued to increase access to FWAs.

A Summary Of Data From Families And Work Institute’S National Study Of Employers (2008), Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This memo presents data from the Families and Work Institute’s 2008 National Study of Employers describing the similarities in access to flexible work arrangements (“FWAs”) for employees of small and large employers. The 2008 National Study of Employers (“2008 Study”) provides a comparison of the availability of 12 types of FWAs to employees of small (50-99 employees) and large (over 1,000 employees) employers.

Lessons From Germany: Improving On The U.S. Model For Corporate Governance, Tien Glaub

Brigham Young University International Law & Management Review

No abstract provided.

Life, Liberty, And The Pursuit Of Luxury: Ebay's Liability For Contributory Trademark Infringement In The United States, Germany, And France, Sofia H. Ahmed

Brigham Young University International Law & Management Review

No abstract provided.

The Importance Of Intelligence In Combating A Modern Insurgency, Kevin Reamer

Journal of Strategic Security

Throughout history the world has been plagued by insurgencies. While the underlying causes of each new insurgency have been different, they are all similar in certain areas. This similarity entails that the effective countering of an insurgency can be turned into a science with a set of guidelines to follow based on conditions on the ground. Guidelines are important because insurgencies are flexible and to defeat them the counterinsurgency must be equally flexible if not more flexible. Good intelligence is critical to the success of an insurgency. With their small, poorly equipped forces, the leaders of insurgencies need to know …

Film Reviews, Bart Bechtel

Journal of Strategic Security

No abstract provided.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

A Model To Explain Microfranchising In Bottom Of The Pyramid Markets, Robert J. Jensen, Chris Sutter

Brigham Young University International Law & Management Review

No abstract provided.

Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare

Brigham Young University International Law & Management Review

No abstract provided.

George Soros' New Paradigm For Financial Markets

Brigham Young University International Law & Management Review

No abstract provided.

Case Studies: Employment Data Systems: Florida's Agency For Persons With Disabilities, Allison Cohen Hall, Jean Winsor, John Butterworth

Case Studies Series, Institute for Community Inclusion

The increasing emphasis on government accountability at the state and federal levels has increased interest in and use of outcome data. Moreover, research has found that high performing states in integrated employment generally have a clear and visible data collection system that provides individual outcome data (Hall et al, 2007). But what are the most important elements in designing and using a system? Stakeholders have raised questions regarding creating effective data collection systems, identifying variables with the most utility for influencing policy, and using data as a strategic planning tool. This series is intended to shed light on the successes …

Issues In Developing A Common Framework On Informal Employment, Françoise Carré, James Heintz

Center for Social Policy Publications

This paper has been written to stimulate discussion on the definition and measurement of informal employment in developed economies. Much has been written on the definitions of informal employment and the informal sector in the context of developing countries, and these definitions have been applied in collecting and analyzing data from labor force, multi-purpose household, and enterprise surveys. It is less common that the recommendations and techniques for measuring informal employment and informal sector have been applied in developed countries.

In high-income economies, it is more common to speak of ‘nonstandard’ or ‘atypical’ employment. The two concepts of ‘informal employment’ …

Targeted Killing: Self-Defense, Preemption, And The War On Terrorism, Thomas Byron Hunter

Journal of Strategic Security

This paper assesses the parameters and utility of “targeted killing” in combating terrorism and its role within the norm of state self-defense in the international community. The author’s thesis is that, while targeted killing provides states with a method of combating terrorism, and while it is “effective” on a number of levels, it is inherently limited and not a panacea. The adoption and execution of such a program brings with it, among other potential pitfalls, political repercussions. Targeted killing is defined herein as the premeditated, preemptive, and intentional killing of an individual or individuals known or believed to represent a …

Al-Qaeda In The Lands Of The Islamic Maghreb, Gregory A. Smith

Journal of Strategic Security

This paper is organized into four chapters that focus on the terrorist group Al Qaeda in the Lands of the Islamic Maghreb (AQIM). The four chapters examine different facets of the collective environment that have allowed AQIM to succeed and even thrive at times. The first chapter begins with Algeria’s war of independence with the French. The second chapter focuses on the nomadic Tuareg people. It seeks to show how the Tuaregs were deprived by French occupiers and how European colonization cost the Tuaregs access to vital trade routes used for centuries. The third chapter will very briefly examine Algeria’s …

Fragility: The Next Wave In Critical Infrastructure Protection, Allan Mcdougall

Journal of Strategic Security

In North America today, we are about to embark on a significant effort to repair, or even upgrade, many aspects of our infrastructure. Many of these efforts are linked to economic recovery packages. Others are based on sheer need. The challenge for decision makers and planners involves ensuring that scarce economic resources are put to their best use. Understanding the concept of fragility plays a pivotal part in reaching that understanding.Fragility, like many other systems—particularly Information Technology (IT ) systems—works on the concept of subjects and objects. Subjects are those entities that seek to exploit the services (or capacity) offered …

Book Reviews, Edward J. Hagerty, Ed Urie

Journal of Strategic Security

Afghanistan: Transition Under Threat. By Geoffrey Hayes and Mark Sedra, editors.

Enemies of Intelligence: Knowledge & Power in American National Security. By Richard K. Betts.

Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun

WCBT Faculty Publications

This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.

Whatever Happened To Old Mac Donald's Farm… Concentrated Animal Feeding Operation, Factory Farming And The Safety Of The Nation's Food Supply, Julie Follmer, Roseann B. Termini

Journal of Food Law & Policy

Today, livestock farming is a far stretch from the nostalgic notion of animals grazing in green pastures, roaming free in the fresh country air and returning at the end of the day to a cozy barn. Simply stated, livestock farming is a large scale business, where tens of thousands of animals are swiftly raised industrial-style for maximum profit. Under the "factory farm" model, large corporate owned operations grow quantities of animals for slaughter for human consumption as food. In fact, livestock farms now raise 40% of all animals in the United States.

The U.S. Economic Crisis: Another "Lost Decade"?, Paula Chungsathaporn

Honors College Theses

America is experiencing the worst economic downturn since the Great Depression originating with problems from mortgage backed securities and seeping into every major sector in the economy. We have witnessed the downfall or government takeover of some of the most powerful companies in the country, contributing to the highest unemployment rate America has seen in decades. During the 1990s, Japan experienced what is commonly referred to as “the lost decade,” a period of prolonged stagnant growth. Many similarities can be drawn between the current U.S. crisis and the Japanese crisis of the late 90s. The macroeconomic conditions that caused the …

The Impact Of The 2007 Oklahoma Immigration Reform Act On Labor Costs In The Restaurant Industry, Xun Zhou

UNLV Theses, Dissertations, Professional Papers, and Capstones

Restaurant industry is becoming the largest employer of immigrants in the United States, immigration policies are fundamental to the success of the restaurant industry, as entrepreneurs, as customers, and as workers. Therefore, this paper attempts to investigate current issues regarding the unauthorized labor force in the hospitality industry. In particular, this study will try to discover and explore the difference in labor costs in the restaurant industry before and after the newest immigration reform act enacted in Oklahoma. In addition, this paper will also provide suggestions for future researchers in this research field.

The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Statements Illustrating The Legislative Intent Of These Laws, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Based on statements in the legislative history, these laws were meant to provide:

1. Overarching Benefits in the Current Economy
2. Benefits to Families
3. Benefits to Management
4. Equality for Women
5. Protection of the Environment

Telework In The Federal Government: The Overview Memo, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Flexible Work Arrangements (FWAs) alter the time and/or place that employees work on a regular basis in a manner that is manageable and predictable for both employees and employers.1 Telework, also called telecommuting, refers to an FWA that enables an employee to work from an alternative place to the employer’s usual worksite, typically home or a satellite work center. Telework technically refers to work performed with the use of a telecommunications connection to the workplace (e.g., computer, telephone), but the term is also