Indiana University-Purdue University Indianapolis (IUPUI)

In South Africa compliance with competition law has become a major concern for firms that achieve and maintain certain levels of success and growth in the market, as their actions are often a source of complaints and litigation by rivals and competition authorities. With substantial financial penalties often levied against them for a variety of conduct deemed to constitute an abuse of their market position, dominant firms must constantly be aware of the likely impact of their business strategies and actions on both rivals and consumers. What were once thought to be normal and economically sound business practices and decisions, such as cutting prices to attract customers, have now acquired new meanings, with devastating consequences for dominant firms. So, are dominant firms under attack from competition law? In this study I aim to determine this. I track the historical development of competition law in three jurisdictions: South Africa, America, and the EU, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. I further investigate whether the formulation and enforcement of certain aspects of existing abuse of dominance provisions manifest as hostility towards dominant firms. While acknowledging the important role that competition law enforcement plays in promoting competition and enhancing consumer welfare, I conclude that significant unjustified economic and legal prejudice is suffered by dominant firms as a result of the way in which certain abuse of dominance provisions have been formulated and applied. I also offer appropriate recommendations. / Mercantile Law / LL. D.

Historical documentation of the impact of PL 88-164 on the field of emotional and behavioral disorders (E/BD) and the development and implementation of teacher-training programs for children and youth identified as E/BD is limited. This study was designed to document the historical significance and professional contributions of Dr. Richard J. Whelan, Professor Emeritus, University of Kansas and his work in the development of teacher preparation training programs in the field of E/BD in institutions of higher education (IHE). The second purpose of this study was to document the legislative and program initiatives that have impacted the services, education, teaching, and research initiatives in the field of E/BD as interpreted by Dr. Whelan. The final purpose of this study was to examine the views of Dr. Whelan regarding the need for future developments in the field of E/BD. Legislative and policy efforts continue to change the climate in which children are educated. The field of special education relies on the efficacy of the training programs in IHE to provide appropriate teaching and research efforts in a manner that is consistent with the current needs of students with E/BD, their families, and the schools in which they seek to be educated. As this study revealed, understanding the history of the field, the foundational framework from which research and evidence-based practices have emerged, is paramount to forward movement in the field and necessary to the measurement of effective interventions and strategies in support of the students, their families, and those who choose this field as their lifework. It is the foundation from which educational theory is developed, researched, revised, and reflected.

Recently, empirical attention has been directed toward understanding public opinion about gun control laws. Despite this focus, three gaps are evident in extant scholarship. First, few current examinations have relied on recently collected, national data to explore predictors of public attitudes. Second, relatively little work systematically investigates whether type of weapon bans (e.g. handgun versus semi-automatic weapon) affects public support for a given gun control initiative. Third, and importantly, the general focus in prediction support for gun control measures has been on social and demographic factors. Little is known from a theoretical perspective about how other variables - such as knowledge of Constitutinal issues or perceptions of the U.S. Supreme Court - affect public attitudes toward gun control. Using national poll data collected in 2011 by Time magazine, this study addresses these research gaps by estimating several logistic regression analyses. Research and policy implications are discussed. / by Elizabeth Borkowski. / Thesis (M.S.)--Florida Atlantic University, 2012. / Includes bibliography. / Mode of access: World Wide Web. / System requirements: Adobe Reader.

the decades after World War II the United States became the most prosperous nation in the world. Yet, that prosperity and growth had a negative impact on the environmental quality of the nation. By the mid 1960s there was a rise in concern over environmental issues in the American public. Consequently, President Richard M. Nixon in his determination to give the American people what they sought decided to enact policies to bring the environmental crisis to an end. Among the environmental policies of the Nixon Administration was the Clean Air Act of 1970, a highly controversial piece of legislation that placed tough regulations on the automobile industry. Due to the significant role of the auto industry in the American economy, and Nixon's concerns over reelection, there were two major shifts in business/government relations during this era. The first one was characterized by determination to protect the environment with little attention to complaints from the industry. The second one was about protecting the profitability of the industry while giving little attention to environmental problems. / by Erwin Mauricio Escobar. / Thesis (M.A.)--Florida Atlantic University, 2013. / Includes bibliography. / Mode of access: World Wide Web. / System requirements: Adobe Reader.

Islamic banking in the United States of America, became recognized as an alternative to expand into the market of traditional Muslim consumers, living in the United States. Because of strict regulatory guidelines, no Islamic banks exist in the United States. Instead, conventional banks, Islāmic banking windows (IBW) and other financial institutions offer Shari‘ah compliant products by modifying classical Islamic contracts or attaching a rider to define contract verbiage. This study reviewed techniques of adapting contracts used for Shari‘ah compliant products in the United States to determine if the contracts maintain the true characteristics of the original classical Islamic contracts. Contracts in Islamic sacred law provide protections by ensuring wealth is not wasted, and no injustice is performed by either of the contracting parties. Wealth protection and justice are the inherit characteristics of contracts in the Islāmic law. Any changes or modifications may void or decrease the protections provided in Islamic law. This research reviewed the theoretical aspects of contract modifications, by analyzing the procedures used for the derivative Shari‘ah compliant product contracts used in the Islamic finance industry in the United States. Data was evaluated and compared with the requirements of classical Islamic contract equivalents, to determine the effects of these changes. / Religious Studies and Arabic / D. Phil. (Religious Studies)

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Thesis (Master of Military Studies)-Marine Corps Command and Staff College, 2008. / Title from title page of PDF document (viewed on: Feb 11, 2010). Includes bibliographical references.

Initially proposed in 2001, the Development, Relief, and Education for Alien Minors Act (DREAM Act) continues to be relevant after nearly 20 years of debate. The year 2010 was significant because there seemed to be some possibility of passage. This study investigated the ways in which the DREAM Act discourse was framed that year by supporters and opponents. Selected Congressional speeches of three supporters and three opponents were analyzed using the approach to frame analysis developed by Schön and Rein. Accordingly, attention went to each individual's metacultural frame (i.e., culturally shared beliefs), policy frame (i.e., identification of problem and presentation of possible solution), and rhetorical frame (i.e., means of persuading the audience). Attention also went to the shared framing among supporters and the shared framing among opponents as well as differences in framing across the two groups. Although speakers varied in framing the issue, there were commonalities within groups and contrasts between groups. For supporters, the metacultural frame emphasized equity/equal opportunity, fairness, and rule of law; for opponents, the metacultural frame stressed rule of law, patriotism, and national security. For supporters, the policy frame underscored unfairness as the problem and the DREAM Act as the solution; for opponents, the policy frame emphasized the DREAM Act as the problem and defeating the DREAM Act as the solution. Rhetorical frames also differed, with the supporters making much use of testimonial examples and the opponents making much use of hyperbole. The study illustrates (1) how the same named values and beliefs can have dramatically different interpretations in metacultural framing, as were the case for rule of law and American dream in this discourse; (2) how the crux of an issue and its intractability can be seen by looking at how the problem is posed and how the solution is argued, and (3) how speakers strengthen their claims with particular kinds of rhetorical devices. Through descriptions of political positioning on the DREAM Act, the study contributes to understandings of ongoing issues regarding the lives of undocumented young people who have received and are receiving education in the U.S.

Après des décennies de mise en œuvre d’une politique économique protectionniste et enfermée, l’Égypte a opté en 1991 pour l’économie du marché et l’ouverture de ses frontières aux échanges internationaux. Dès lors, il manquait une pièce importante de lutte contre les cartels et le pouvoir de marché de manière générale. En 2005, l’Égypte a finalement adopté sa première législation de concurrence. Au regard de l’importance de l’Égypte au niveau régional et mondial, sur le plan économique et politique, il est opportun de s’intéresser à l’effectivité du droit égyptien de la concurrence, dans le but d’apprécier ses avancées et ses faiblesses et de proposer des pistes de perfectionnement. Cette étude cible des aspects qu’elle juge prioritaires : les règles substantielles, procédurales et institutionnelles visant la lutte contre les ententes secrètes, les abus de position dominante et les concentrations. Les appréciations et propositions sont faites à partir d’une mise en perspective de systèmes juridiques qui ont été choisis en référence : ceux de deux pays en développement (Brésil et Afrique du sud) et ceux des pays développés (Union européenne, la France et, à titre subsidiaire, les États-Unis). Elles entendent également tirer profit des travaux d’organisations internationales. / After decades of adopting a protective and closed economic policy, Egypt has finally opted in 1991 for the market economy and the opening of its borders to international trade. However, an important aspect was missing ; the fight against cartels and market power in general. In 2005, Egypt has finally adopted its first competition law. Given the importance of Egypt at the regional and global levels, from both economic and political perspectives, it is timely to pay attention to the effectiveness of Egyptian competition law in order to evaluate its level of progress and its weaknesses and to propose methods and means of enhancement. This study is targeting issues and matters that are considered to be priorities: substantive, procedural and institutional rules aiming for fighting against cartels, abuse of dominance and mergers. The assessments and proposals set out in this study have been made in perspective of legal systems that have been chosen as reference: those of two developing countries (Brazil and South Africa) and those of developed countries (European Union, France and, alternatively, the United States). They also intend to benefit from the work of international organizations.