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2009

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Full-Text Articles in Law

Racial Discrimination In Business Transactions, Robert E. Suggs Dec 2009

Racial Discrimination In Business Transactions, Robert E. Suggs

Robert E. Suggs

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure ...


Bank Stock Returns Under Money Supply Endogeneity: Empirical Evidence Using Panel Data, Zatul Badarudin, Mohamed Ariff, Ahmed Khalid Dec 2009

Bank Stock Returns Under Money Supply Endogeneity: Empirical Evidence Using Panel Data, Zatul Badarudin, Mohamed Ariff, Ahmed Khalid

Ahmed Khalid

There is as yet a study of money supply effect on the aggregate bank stock prices using modern money supply theories. Endogenous money theory suggests loans made by banks cause deposits, and, consequently, bank creates money supply. Resulting changes in bank’s loans and deposits affects bank stock returns: Also, consequent credit creations/reductions affect a bank’s profitability, thus stock prices. Whether money endogeneity is in fact the way the money supply behaves has also not yet been widely tested. Applying panel regression and generalized method of moments, this paper provides new evidence on this little explored relationship between ...


Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay


Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo


Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot


Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski Dec 2009

Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem.

[. . .]

Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and cannot be underemphasized ...


Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom


Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe Dec 2009

Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe

The University of New Hampshire Law Review

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter ...


Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski Dec 2009

Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski

The University of New Hampshire Law Review

[Excerpt] “On September 22, 2008, the Federal Circuit, sitting en banc, handed down the most important decision in design patent law in nearly twenty-five years. Egyptian Goddess, Inc. v. Swisa, Inc. (Egyptian Goddess III) abolished the point-of-novelty test first set out in Sears, Roebuck & Co. v. Talge and adopted by the Federal Circuit in Litton Systems, Inc. v. Whirlpool Corp. The point-of novelty test required patent holders to prove that an accused design appropriated the element which sets the patented design apart from the prior art—in addition to the ordinary-observer standard’s requirement of having substantially the same appearance ...


The Illegal-Settlements Myth, David Phillips Nov 2009

The Illegal-Settlements Myth, David Phillips

David M. Phillips

No abstract provided.


Rational Design Rights Ignorance, David Orozco Nov 2009

Rational Design Rights Ignorance, David Orozco

David Orozco

No abstract provided.


2009 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Michael Schwartz Ph.D. Nov 2009

2009 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Michael Schwartz Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Michael Schwartz was the honored guest.


Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo Nov 2009

Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo

Faculty Scholarship at Penn Law

Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of the management literature on the product life cycle, dominant designs, technological trajectories and design hierarchies, and the role of complementary assets in determining industry structure. This analysis suggests that many of these business practices may represent nothing more than a reflection of how the nature of competition changes as industries mature. This in turn suggests that network neutrality ...


Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill Nov 2009

Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill

Michael Katz

The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately.


Human Rights Approach To Land Rights In Ethiopia, Belachew M. Fikre Nov 2009

Human Rights Approach To Land Rights In Ethiopia, Belachew M. Fikre

Belachew M Fikre

No abstract provided.


Private Fund Adviser Registration Act Hr-3818, Anita Krug Nov 2009

Private Fund Adviser Registration Act Hr-3818, Anita Krug

All Faculty Scholarship

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


A Free And Undemocratic Press?, Stephen J. A. Ward Nov 2009

A Free And Undemocratic Press?, Stephen J. A. Ward

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.


Guerilla Warfare & Law Enforcement: Combating The 21st Century Terrorist Cell Within The U.S., Richard J. Hughbank Nov 2009

Guerilla Warfare & Law Enforcement: Combating The 21st Century Terrorist Cell Within The U.S., Richard J. Hughbank

Journal of Strategic Security

Both domestic and international terrorist organizations employ guerrilla warfare tactics, techniques, and procedures. Thus, the ability to identify and defeat the members of these organizations, cripple their infrastructures, and disrupt their financial resources lies in the understanding of modern guerrilla warfare as it develops in the twenty-first century within the United States.3 The forms of asymmetric warfare4 adopted by domestic and international terrorist groups alike is no longer intended to gain simple media exposure or governmental manipulation; they want to make an overpowering impact by causing massive loss of life and severe damage to infrastructure and are often motivated ...


Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur Nov 2009

Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur

Journal of Strategic Security

In 1953, a radical splinter organization from the Muslim Brotherhood,Hizb ut-Tahrir (HuT), was founded by the Al-Azhar University (Cairo,Egypt) educated jurist Sheikh Taqiuddin an-Nabhani who criticized theMuslim Brotherhood for collaborating with Egyptian secularists, such as Gamal Abdel Nasser. A sizable portion of the more radical members of the Muslim Brotherhood broke away, to join Nabhani's budding movement. Today, HuT is known to operate in more than forty countries, calling for the restoration of the Islamic Caliphate, with a history of violence and links to violent terrorist organizations. Given increasing tensions in the region over the presence of ...


Revisiting Downs' Issue-Attention Cycle: International Terrorism And U.S. Public Opinion, Karen K. Petersen Nov 2009

Revisiting Downs' Issue-Attention Cycle: International Terrorism And U.S. Public Opinion, Karen K. Petersen

Journal of Strategic Security

Lamenting the lack of public awareness of international events and U.S. foreign policy is not a particularly novel exercise; yet, explaining the process by which issues enter and exit the public realm remains a challenging endeavor. Despite contributions from researchers working in international relations and mass communication, explaining public inattentiveness continues to vex scholars. However, in his article, "Up and Down with Ecology: The 'Issue-Attention Cycle,'" Anthony Downs provides a parsimonious and tractable model of public opinion that can be applied to foreign policy issues.1 While Downs concerns himself exclusively with domestic issues, particularly environmental issues, his model ...


Reviving The United States' Commitment To Pakistan And Afghanistan, Steve A. Young, Imdad Hussain Sahito Nov 2009

Reviving The United States' Commitment To Pakistan And Afghanistan, Steve A. Young, Imdad Hussain Sahito

Journal of Strategic Security

As President Obama is in the midst of deciding whether additional U.S.combat forces are needed in Afghanistan in addition to the 21,000 troops recently committed, he must realize that additional armed forces are only a stopgap measure in Afghanistan's downward spiral into an 'undergoverned' failed state. Similarly, as Pakistan's fragile and fractured civilian government continues to appease the Tehrik-i-Taliban Pakistan (TTP), an umbrella organization of Pakistani Pashtun tribesmen with Taliban cultural values led by Baitullah Mehsud and others, it comes closer to the concept of a "misgoverned" failed state, possessing a small arsenal of nuclear ...


The Tangled Web Of Taliban And Associated Movements, Greg Smith Nov 2009

The Tangled Web Of Taliban And Associated Movements, Greg Smith

Journal of Strategic Security

Following the devastating terrorist attacks of September 11, 2001,worldwide attention became focused on the Taliban and al-Qaida forcesin Afghanistan. Prior to the attacks, many people had never heard of the Taliban or their shar'ia-law style of government. Since 2001, manysplinter groups have formed in response to the continual United Statespresence in the region. Today, the term Taliban has been used to envelop several groups such as the Tehrik-i-Taliban Pakistan (TTP), the Haqqani Network (HQN) and the Tehrik-eNifaz-e-Shariat-e-Mohammadi(TNSM). These groups make up the majority of fighters along the Afghanistan-Pakistan border. Many of these groups have been historicrivals for ...


Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis Nov 2009

Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis

Journal of Strategic Security

With the change in seasons comes the expected change of insurgency operations in Afghanistan as Taliban and al-Qaida fighters mount their spring and summer offensives against both NATO forces and Afghanis sympathetic to foreign troops. As insurgents curtail their seasonal operations with the arrival of fall and winter, is it likely that a threat may arise from Afghanistan to affect the 2010 Olympics in Vancouver, British Columbia? As will be illustrated herein, the threat to the games will not be borne directly from the insurgency in Afghanistan but rather by the universal jihadist ideology of al-Qaida rather than the nationalist ...


Book Reviews, Christine E. Williamson, Ed Urie, Michael Savasta, Robin L. Thompson, D.M., Edward M. Roche Nov 2009

Book Reviews, Christine E. Williamson, Ed Urie, Michael Savasta, Robin L. Thompson, D.M., Edward M. Roche

Journal of Strategic Security

Critical Thinking and Intelligence Analysis. By David T.Moore.

At The Center Of The Storm: The CIA During America's Time of Crisis. By George Tenet with Bill Harlow.

Female Suicide Bombers. By Rosemarie Skaine.

Information Operations: Doctrine and Practice. By Christopher Paul.

The Secret Sentry: The Untold History of the National Security Agency. By Matthew M. Aid.

The Blood of Lambs: A Former Terrorist's Memoir of Death and Redemption. By Kamal Saleem with Lynn Vincent.

Attaché Extraordinaire: Vernon A. Walters in Brazil. By Frank Márcio De Oliveira.


Cover & Front Matter Nov 2009

Cover & Front Matter

Journal of Strategic Security

No abstract provided.


Handbook For Promoting Foreign Direct Investment In Medium-Size, Low-Budget Cities In Emerging Markets, Vale Columbia Center On Sustainable International Investment, Millennium Cities Initiative Nov 2009

Handbook For Promoting Foreign Direct Investment In Medium-Size, Low-Budget Cities In Emerging Markets, Vale Columbia Center On Sustainable International Investment, Millennium Cities Initiative

Columbia Center on Sustainable Investment Books

In November 2009, the Vale Columbia Center on Sustainable International Investment and the Millennium Cities Initiative (MCI) released the Handbook for Promoting Foreign Direct Investment in Medium-size, Low-Budget Cities in Emerging Markets. With foreign direct investment (FDI) flows declining worldwide by an estimated 40-50% this year (following a decline of over 10% in 2008), investment promotion has become more important than ever: in a highly competitive world FDI market, promotion can make all the difference.

Investment promotion is particularly important for cities other than capital cities, as investors in manufacturing and services often locate primarily in a country’s capital ...


Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law Oct 2009

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law ...


Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission Oct 2009

Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission

Best Practices for Community and Environmental Protection (October 14)

The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.

Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.


Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell Oct 2009

Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell

Best Practices for Community and Environmental Protection (October 14)

Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado

23 slides


Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan Oct 2009

Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan

Best Practices for Community and Environmental Protection (October 14)

Presenter: Rich Haut, Houston Advanced Research Center (HARC), for Dr. Charles Dolan, University of Wyoming, Environmentally Friendly Drilling Program

25 slides