A study to determine the number and types of decisions made by one head nurse in relation to the functional areas of nursing service administration.

Thesis (M.S.)--Boston Universit

Why States Create International Tribunals: A Response to Professors Posner and Yoo

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the interests of other states to influence their judgments. In this response, we identify the many shortcomings in the theory, methodology, and empirics in Judicial Independence in International Tribunals. We do so to challenge the authors\u27 core conjecture: that formally dependent international tribunals are correlated with effective judicial outcomes. We then offer our own counter-theory; a theory of constrained independence in which states establish independent international tribunals to enhance the credibility of their commitments and then use more fine grained structural, political, and discursive mechanisms to limit the potential for judicial excesses

Stiffness of finite free resolutions and the Canonical Element Conjecture

Over a noetherian local ring certain minimal finite free resolutions possess a property which we call stiffness. This calls to mind the Buchsbaum-Eisenbud criterion for exactness. Yet we only prove stiffness over equicharacteristic rings. However, Hochster's Canonical Element Conjecture is shown to be true for every ring with a fixed prime residual characteristic, precisely when every resolution over each Gorenstein ring of this type is stiff.Comment: 11 page

Toward a Theory of Effective Supranational Adjudication

Supranational adjudication in Europe is a remarkable and surprising success. Europe\u27s two supranational courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue dozens of judgments each year with which defending national governments habitually comply in essentially the same manner as they would with domestic court rulings. These experiences stand in striking contrast to those of many international tribunals past and present. Can the European experience of supranational adjudication be transplanted beyond Europe? Professors Helfer and Slaughter argue that the effectiveness of the ECJ and the ECHR is linked to their power to hear claims brought by private parties directly against national governments or against other private parties. Such supranational jurisdiction has allowed the European courts to penetrate the surface of the state, to forge direct relationships not only with individual citizens but also with distinct government institutions such as national courts. Over time, this penetration and the deepening relationships between supranational jurists and domestic legal actors have led to the evolution of a community of law, a web of nominally apolitical relations among subnational and supranational legal actors. The simple provision of supranational jurisdiction, however, is not a guarantee of effective adjudication. Drawing on the observations of scholars, practitioners, and judges, Professors Helfer and Slaughter develop a checklist of factors that enhance the effectiveness of supranational adjudication. They distinguish among those factors that are within the control of member states; those that are within the control of the judges themselves; and those that may be beyond the control of either states or judges. Isolating the factors in this way provides both a rough metric for evaluating the effectiveness of other supranational tribunals and a potential set of prescriptions for judges on those tribunals seeking to enhance their institutions\u27 effectiveness. After developing the checklist, Professors Helfer and Slaughter use it to analyze the United Nations Human Rights Committee (UNHRC). Although the UNHRC was established expressly as a committee of experts rather than a court, analysis of its recent practice reveals that it is becoming increasingly court-like. Moreover, within the constraints imposed by severely limited resources, UNHRC members are independently following many of the checklist prescriptions for increased effectiveness. The next step is for the organization to enter into a sustained dialogue with its European counterparts, harmonizing its decisions with theirs in some areas while consciously preserving its own distinctive jurisprudence in others. Structured and regular interaction between these tribunals would add additional voices to an emerging transjudicial conversation, potentially laying the foundation for a global community of law

Why States Create International Tribunals: A Response to Professors Posner and Yoo

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the interests of other states to influence their judgments. In this response, we identify the many shortcomings in the theory, methodology, and empirics in Judicial Independence in International Tribunals. We do so to challenge the authors\u27 core conjecture: that formally dependent international tribunals are correlated with effective judicial outcomes. We then offer our own counter-theory; a theory of constrained independence in which states establish independent international tribunals to enhance the credibility of their commitments and then use more fine grained structural, political, and discursive mechanisms to limit the potential for judicial excesses

On the second moment of the number of crossings by a stationary Gaussian process

Cram\'{e}r and Leadbetter introduced in 1967 the sufficient condition $$\frac{r''(s)-r''(0)}{s}\in L^1([0,\delta],dx),\qquad \delta>0,$$ to have a finite variance of the number of zeros of a centered stationary Gaussian process with twice differentiable covariance function $r$. This condition is known as the Geman condition, since Geman proved in 1972 that it was also a necessary condition. Up to now no such criterion was known for counts of crossings of a level other than the mean. This paper shows that the Geman condition is still sufficient and necessary to have a finite variance of the number of any fixed level crossings. For the generalization to the number of a curve crossings, a condition on the curve has to be added to the Geman condition.Comment: Published at http://dx.doi.org/10.1214/009117906000000142 in the Annals of Probability (http://www.imstat.org/aop/) by the Institute of Mathematical Statistics (http://www.imstat.org

Indigenous Intellectual Property Rights: Ethical Insights for Marketers

Present copyright laws do not protect Indigenous intellectual property (IIP) sufficiently. Indigenous cultural artefacts, myths, designs and songs (among other aspects) are often free to be exploited by marketers for business\u27 gain. Use of IIP by marketers is legal as intellectual property protection is based on the lifetime of the person who has put the IP in tangible form. However, Indigenous groups often view ownership in a very different light, seeing aspects of their culture as being owned by the group in perpetuity. Misuse of their cultural heritage by marketers in products often denies the Indigenous group a monetary benefit from their use and is frequently disrespectful. This article discusses ethical insights that might shed moral weight on this issue

Telegram from Joyce R. Hart and Marie Creel, Leadership with the Business & Professional Women\u27s Club of New York, to Geraldine Ferraro

Telegram of endorsement from Joyce R. Hart and Marie Creel, respective President and ERA Coordinator for the Business & Professional Women\u27s Club of New York State, to Geraldine Ferraro. Includes two data entry sheets.https://ir.lawnet.fordham.edu/vice_presidential_campaign_correspondence_1984_new_york/1262/thumbnail.jp

Adopting appropriate teaching models to develop knowledge and skills to academic standards in the accounting discipline

Cooperative learning models of teaching are the most suitable teaching models for the development of professional accounting competencies in the accounting discipline. Currently, the role of accountants has changed from being a technical job to more client-oriented job. The teaching and learning of accounting has been changing to match the challenges of this new accounting role. Universities are searching for a number of strategies to teach the professional accounting competencies that are required. The Australian accounting teaching and learning standards provide a thorough set of criteria for determining what is necessary in accounting education. Joyce, Weil, and Calhoun categorised a wide variety of teaching models into four families including: information processing, behavioural, personal, and social models. This paper applied the Australian accounting teaching and learning standards criteria to the models of teaching by Joyce, Weil and Calhoun to evaluate which teaching and learning model would be most appropriate to teach future accountants. The findings indicate that the social interdependence theory and the cooperative learning model are the most appropriate to test for teaching accounting in the accounting discipline