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Full-Text Articles in Entire DC Network
Prosecuting The War On Terror In The Trump Administration: The Trump Doctrine: Is There Really A New Sheriff In Town, Jeffrey F. Addicott
Prosecuting The War On Terror In The Trump Administration: The Trump Doctrine: Is There Really A New Sheriff In Town, Jeffrey F. Addicott
Faculty Articles
After one full year in office, it is time to examine the actions taken by the Trump Administration in light of its legal and policy structures for dealing with the War on Terror and the companion problem of radical Islamic terrorism-both the domestic and international threat. In this context, two general concepts bear examination. First, is there a significant change in the Trump Administration from the policies of the Bush and Obama Administrations vis a vis prosecuting the War on Terror and dealing with domestic jihadists? Second, has the Trump strategic vision and attendant actions contributed in any significant way …
Risks Faced By Foreign Lawyers In China, Chenglin Liu
Risks Faced By Foreign Lawyers In China, Chenglin Liu
Faculty Articles
This article provides an objective assessment of the potential risks that foreign lawyers face in China as they push the boundaries of the limits on their activities set by Chinese law. When the Shanghai Bar Association (SBA), a government-controlled organization, accused foreign lawyers of violating Chinese law and called for official action, some scholars dismissed the threat, claiming that there was no legal basis for a crackdown on foreign lawyers. These scholars erroneously maintained that the Chinese laws that regulate foreign lawyers are ambiguous and create "gray areas." In fact, the claims of the SBA are justified because the applicable …
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod
Faculty Articles
The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …
Ombuds As Nomads? The Intersections Of Dispute System Design And Identity, Tim Hedeen
Ombuds As Nomads? The Intersections Of Dispute System Design And Identity, Tim Hedeen
Faculty Articles
Whether providing requested information, careful attention, informal coaching, impartial mediation, or upward feedback, ombuds operate within an “oscillating space” occasioned by contending purposes of their work. Their relationships to both their visitors and their host organization confer a dynamic identity, as they are at once supporting the visitor and supporting the organization. With which does an ombudsman identify, their organization or their visitor? Can the answer be both? This article will explore the opportunities and challenges arising from this tension.
Examination Of The Qm Process: Making A Case For Transformative Professional Development Model, Radwan Ali, James Wright
Examination Of The Qm Process: Making A Case For Transformative Professional Development Model, Radwan Ali, James Wright
Faculty Articles
Distance learning has altered the landscape of higher education, and the rapid proliferation of online courses and programs present new challenges for both faculty and administrators. The literature suggests that faculty must have a wide range of technical and pedagogical skills to be successful online teachers (Betts, 2009; Koehler, Mishra, & Yahya, 2007; Puzziferro & Shelton, 2009). To ensure quality and consistency of online courses, many universities have adopted an industry-standard, quality assurance review framework. In this case, faculty members are required to attend a basic professional development seminar outlining the parts of the rubric and the submission and review …
Recognizing Taxpayers As Stakeholders In Municipal Bankruptcies, Diane Lourdes Dick
Recognizing Taxpayers As Stakeholders In Municipal Bankruptcies, Diane Lourdes Dick
Faculty Articles
No abstract provided.
The Duke Model: A Performance-Based Solution For Compensating College Athletes, David A. Grenardo
The Duke Model: A Performance-Based Solution For Compensating College Athletes, David A. Grenardo
Faculty Articles
The time has long come for the NCAA, its member institutions, and college athletes to sit down and discuss compensating college athletes for playing. Rather than continue a war of words with increasing animosity between college athletes and the NCAA, the parties should take advantage of the existing infrastructures to begin a discussion that would lead to the abandonment of the prohibition on compensating athletes and the adoption of a model for payment. Once the parties begin that conversation about compensation for college athletes above their scholarship amounts, this article sets forth a proposal, the "Duke Model," that serves as …
Strategies To Promote Health In North American French Jewish Immigrants, Balkys L. Bivins, Rosemary F. Hall
Strategies To Promote Health In North American French Jewish Immigrants, Balkys L. Bivins, Rosemary F. Hall
Faculty Articles
Anti-Semitism in the form of violent acts is on the rise in France and throughout Europe. These incidents and the looming threat of targeted violence are leading to the outmigration of Jewish individuals in France to Israel, Canada, and the United States. The health impact of this migration on individuals of the French Jewry who are now residing in the United States has not been studied. This paper will propose and address the need for culturally tailored nursing strategies to make a positive impact on the health, well-being, and lives of these individuals. Additionally, the writers will discuss the challenges …
Identification And Characterization Of Preferred Dna-Binding Sites For The Thermus Thermophilus Transcriptional Regulator Fadr, Minwoo Lee, Hyejin Um, Michael W. Van Dyke
Identification And Characterization Of Preferred Dna-Binding Sites For The Thermus Thermophilus Transcriptional Regulator Fadr, Minwoo Lee, Hyejin Um, Michael W. Van Dyke
Faculty Articles
One of the primary transcriptional regulators of fatty acid homeostasis in many prokaryotes is the protein FadR. To better understand its biological function in the extreme thermophile Thermus thermophilus HB8, we sought to first determine its preferred DNA-binding sequences in vitro using the combinatorial selection method Restriction Endonuclease Protection, Selection, and Amplification (REPSA) and then use this information to bioinformatically identify potential regulated genes. REPSA determined a consensus FadR-binding sequence 5´-TTRNACYNRGTNYAA-3´, which was further characterized using quantitative electrophoretic mobility shift assays. With this information, a search of the T. thermophilus HB8 genome found multiple operons potentially regulated by FadR. …
Breaking In And Busting Out: Cell-Penetrating Peptides And The Endosomal Escape Problem, Julia C. Lecher, Scott J. Nowak, Jonathan Mcmurry
Breaking In And Busting Out: Cell-Penetrating Peptides And The Endosomal Escape Problem, Julia C. Lecher, Scott J. Nowak, Jonathan Mcmurry
Faculty Articles
Cell-penetrating peptides (CPPs) have long held great promise for the manipulation of living cells for therapeutic and research purposes. They allow a wide array of biomolecules from large, oligomeric proteins to nucleic acids and small molecules to rapidly and efficiently traverse cytoplasmic membranes. With few exceptions, if a molecule can be associated with a CPP, it can be delivered into a cell. However, a growing realization in the field is that CPP-cargo fusions largely remain trapped in endosomes and are eventually targeted for degradation or recycling rather than released into the cytoplasm or trafficked to a desired subcellular destination. This …
Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Daniel Mccool, Jason Anthony Robison, Erum Sattar
Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Daniel Mccool, Jason Anthony Robison, Erum Sattar
Faculty Articles
Transboundary water institutions in the Indus River Basin can be fairlycharacterized as broken in key respects International relations between India andPakistan over the Indus Waters Treaty as well as interprovincial relations withinPakistan over the 1991 Water Accord speak to this sentiment Stemming fromresearch undertaken by the authors for the Harvard Water Federalism Project andthe United States Agency for International Development USAID this Articleseeks to spur the evolution of the Indus River Basin's water institutions by offeringa comparative perspective from North America's most ÔÇ£institutionallyencompassedÔÇØ basin the Colorado River Basin Mindful of the importance ofcontext for comparative water law and policy scholarship …
International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu
International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu
Faculty Articles
No abstract provided.
Magnetic Fields Threading Black Holes: Restrictions From General Relativity And Implications For Astrophysical Black Holes, David Garofalo
Magnetic Fields Threading Black Holes: Restrictions From General Relativity And Implications For Astrophysical Black Holes, David Garofalo
Faculty Articles
The idea that black hole spin is instrumental in the generation of powerful jets in active galactic nuclei and X-ray binaries is arguably the most contentious claim in black hole astrophysics. Because jets are thought to originate in the context of electromagnetism, and the modeling of Maxwell fields in curved spacetime around black holes is challenging, various approximations are made in numerical simulations that fall under the guise of ‘ideal magnetohydrodynamics’. But the simplifications of this framework may struggle to capture relevant details of real astrophysical environments near black holes. In this work, we highlight tension between analytic and numerical …
A Consensus Definitive Classification Of Scavenger Receptors And Their Roles In Health And Disease, Mercy R Prabhudas, Cynthia L Baldwin, Paul L Bollyky, Dawn M E Bowdish, Kurt Drickamer, Maria Febbraio, Joachim Herz, Lester Kobzik, Monty Krieger, John Loike, Benita Mcvicker, Terry K Means, Soren K Moestrup, Steven R Post, Tatsuya Sawamura, Samuel Silverstein, Robert Charles Speth, Janice C Telfer, Geoffrey M Thiele, Xiang-Yang Wang, Samuel D Wright, Joseph El Khoury
A Consensus Definitive Classification Of Scavenger Receptors And Their Roles In Health And Disease, Mercy R Prabhudas, Cynthia L Baldwin, Paul L Bollyky, Dawn M E Bowdish, Kurt Drickamer, Maria Febbraio, Joachim Herz, Lester Kobzik, Monty Krieger, John Loike, Benita Mcvicker, Terry K Means, Soren K Moestrup, Steven R Post, Tatsuya Sawamura, Samuel Silverstein, Robert Charles Speth, Janice C Telfer, Geoffrey M Thiele, Xiang-Yang Wang, Samuel D Wright, Joseph El Khoury
Faculty Articles
Scavenger receptors constitute a large family of proteins that are structurally diverse and participate in a wide range of biological functions. These receptors are expressed predominantly by myeloid cells and recognize a diverse variety of ligands including endogenous and modified host-derived molecules and microbial pathogens. There are currently eight classes of scavenger receptors, many of which have multiple names, leading to inconsistencies and confusion in the literature. To address this problem, a workshop was organized by the United States National Institute of Allergy and Infectious Diseases, National Institutes of Health, to help develop a clear definition of scavenger receptors and …
Correlative Rights And Limited Common Property In The Pore Space: A Response To The Challenge Of Subsurface Trespass In Carbon Capture And Sequestration, Tara Kathleen Righetti
Correlative Rights And Limited Common Property In The Pore Space: A Response To The Challenge Of Subsurface Trespass In Carbon Capture And Sequestration, Tara Kathleen Righetti
Faculty Articles
Carbon dioxide and other substances injected as part of carbon capture and sequestration CCS have the potential to migrate beyond the confines of the injection project creating the potential for trespass In order for CCS to be viable legal clarity on the issue of subsurface trespass is required This Article argues that the challenge of subsurface trespass associated with CCS can be overcome by conceptualizing pore space rights in the storage complex as limited common property with rights of proportionate use The traditional oil and gas framework of correlative rights can be a valuable model to promote investment encourage private …
Patterns Of Plant Functional Variation And Specialization Along Secondary Succession And Topography In A Tropical Dry Forest, Lucía Sanaphre-Villanueva, Juan Manuel Dupuy, José Luis Andrade, Cassandra Reyes-García, Paula C. Jackson, Horacio Paz
Patterns Of Plant Functional Variation And Specialization Along Secondary Succession And Topography In A Tropical Dry Forest, Lucía Sanaphre-Villanueva, Juan Manuel Dupuy, José Luis Andrade, Cassandra Reyes-García, Paula C. Jackson, Horacio Paz
Faculty Articles
Long-term human disturbance of tropical forests may favor generalist plant species leading to biotic homogenization. We aimed to a) assess if generalist species dominate across different successional ages and topographical positions in a tropical dry forest with a long history of human disturbance, b) to characterize functional traits associated with generalist and specialist species, and c) to assess if a predominance of generalists leads to a homogeneous functional structure across the landscape. We used a multinomial model of relative abundances to classify 118 woody species according to their successional/topographic habitat. Three species were classified as secondary-forest specialists, five as mature-forest …
Illegitimate Bodies In Legitimate Times: Life, Liberty And The Pursuit Of Movement, Brian Culp
Illegitimate Bodies In Legitimate Times: Life, Liberty And The Pursuit Of Movement, Brian Culp
Faculty Articles
Drawing on Michel Foucault’s concepts of state racism and biopower, the author of the 26th Delphine Hanna Lecture presents several claims: (a) that the idea of the illegitimate outsider in Western world governments like the United States has largely been influenced by ancient Greek ideals, (b) that a host of policies and intentional actions by power brokers create derision and hierarchies between “old” and “new” immigrant groups, and (c) neoliberal ideology couched in actions that aim “to protect the state” is nothing more than a recoding of traditional racist rhetoric that expands systemic racism. The author identifies the capabilities approach, …
First Measurement Of T-Odd Moments In D^{0}→K_{S}^{0}Π^{+}Π^{-}Π^{0} Decays, K. Pransanth Et Al., D. Joffe, Ratnappuli L. Kulasiri
First Measurement Of T-Odd Moments In D^{0}→K_{S}^{0}Π^{+}Π^{-}Π^{0} Decays, K. Pransanth Et Al., D. Joffe, Ratnappuli L. Kulasiri
Faculty Articles
We report the first measurement of the T-odd moments in the decay D0→K0Sπ+π−π0 from a data sample corresponding to an integrated luminosity of 966 fb−1 collected by the Belle experiment at the KEKB asymmetric-energy e+e− collider. From these moments we determine the CP-violation-sensitive asymmetry aT-oddCP=[−0.28±1.38(stat.)+0.23−0.76(syst.)]×10−3, which is consistent with no CP violation. In addition, we perform aT−oddCP measurements in different regions of the D0→K0Sπ+π−π0 phase space; these are also consistent with no CP violation.
The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley
The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley
Faculty Articles
Predispute consumer arbitration has sparked energetic debate and sharply divides the utility of the class action versus the utility of individual arbitration. Thus far, the U.S. Supreme Court’s jurisprudence has given a “thumbs up” approach to predispute consumer arbitration waivers, which almost always include a class waiver agreement. Congress showed little interest in amending the Federal Arbitration Act (“FAA”), even for consumer cases. It seems that consumer arbitration was the “wild west” of the law, in that it was largely unregulated and could direct claims to the black hole of private dispute resolution. In May 2016, the Consumer Financial Protection …
Fear And Loathing In Persuasive Writing: An Empirical Study Of The Effects Of The Negativity Bias, Kenneth D. Chestek
Fear And Loathing In Persuasive Writing: An Empirical Study Of The Effects Of The Negativity Bias, Kenneth D. Chestek
Faculty Articles
Cognitive psychologists have identified a phenomenon they call the negativity bias in which humans seem to remember and be affected by negative information more strongly than by positive information What are the implications of this bias for legal writers Should they focus on negative themes describing the opposing side as bad instead of positive ones describing their clients as good and worthy More specifically do trial judges fall prey to the negativity biasThis article describes an empirical test in which 163 judges were asked to read different versions of a Preliminary Statement to a trial brief some using positive themes …
A Note On K-Price Auctions With Complete Information When Mixed Strategies Are Allowed, Timothy Mathews, Jesse A. Schwartz
A Note On K-Price Auctions With Complete Information When Mixed Strategies Are Allowed, Timothy Mathews, Jesse A. Schwartz
Faculty Articles
Restricting attention to players who use pure strategies, Tauman (2002) proves that in a k-price auction (k> 3) for every Nash equilibrium in which no player uses a weakly dominated strategy: (i) the bidder with the highest value wins the auction and (ii) pays a price higher than the second-highest value among the players, thereby generating more revenue for the seller than would occur in a first- or second-price auction. We show that these results do not necessarily hold when mixed strategies are allowed. In particular, we construct an equilibrium for k > 4 in which the second-highest valued …
A Social Welfare Theory Of Inheritance Regulation, Mark Glover
A Social Welfare Theory Of Inheritance Regulation, Mark Glover
Faculty Articles
The law of succession grants donors broad freedom to decide how to distribute their property upon death It does so in hopes of increasing social welfare in two general ways First freedom of disposition generates socially beneficial estate planning decisions In particular donors are in the best position to evaluate their own specific circumstances and to make decisions that on the whole produce the greatest utility from the transfer of their estates Second the donor's autonomy over estate planning decisions incentivizes socially beneficial behavior such as productivity during the life of the donor Because the law views freedom of disposition …
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Faculty Articles
The purpose of this article is to explore the threats posed by cybersecurity breaches, outline the steps taken by the government to address those threats in the private sector economy, and call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people-a Connie Francis-styled cyber civil action lawsuit.
Guns, Bird Feathers, And Overcriminalization: Why Courts Should Take The Second Amendment Seriously, George A. Mocsary, Gwu Law Rps Submitter, Robert J. Cottrol
Guns, Bird Feathers, And Overcriminalization: Why Courts Should Take The Second Amendment Seriously, George A. Mocsary, Gwu Law Rps Submitter, Robert J. Cottrol
Faculty Articles
Who should the state punish Why Should punishment be proportional This article surveys in the context of these fundamental criminallaw questions the Second Amendment's constitutional history and jurisprudence A vast body of evidence shows that the framers of both the Second and Fourteenth Amendments intended to protect the individual's right to keep and carry arms for protection against both governmental and private aggressionYet courts unwilling to allow disfavored groups the means of selfdefense or fearing being blamed for criminal firearm activity have failed to enforce the right to bear arms to any meaningful extent After the Civil War the US …
A Plea For Constitutional Balance, Stephen Matthew Feldman
A Plea For Constitutional Balance, Stephen Matthew Feldman
Faculty Articles
The fundamentalist approach of the conservative bloc of Justices on the US Supreme Court in regards to corporate spending on political campaigns skews government processes and generates unintended consequences This paper discusses the historical approach of the Framers to invigorate the new republican democratic government while protecting individual liberties by separating these into public and private spheres of activity
Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens
Political Ripples Ahead For Supreme Court Confirmation, Michael S. Ariens
Faculty Articles
No abstract provided.
Policy Considerations Regarding The Integration Of Lusophone West African Immigrant Populations, Kezia Lartey, Brandon D. Lundy
Policy Considerations Regarding The Integration Of Lusophone West African Immigrant Populations, Kezia Lartey, Brandon D. Lundy
Faculty Articles
On January 23, 2012, Resolution No. 3 enacted the National Immigration Strategy for the island nation of Cabo Verde, the first of its kind in the country. As a buffer nation to Western Europe with a rapidly developing economy and good governance indicators, Cabo Verde is transitioning from a sending and transit country to a receiving nation for African mainlanders, especially from Guinea-Bissau. How effective are these immigration policies at managing these changing mobility patterns? Are immigrants successfully integrating into host communities? How might integration be handled more effectively? This policy briefing reports integration successes and failures from ethnographic research …
The Impact Of Training, Mentoring And Coaching On Personal Learning In The Sales Environment., Shalonda K. Bradford, Brian N. Rutherford, Scott B. Friend
The Impact Of Training, Mentoring And Coaching On Personal Learning In The Sales Environment., Shalonda K. Bradford, Brian N. Rutherford, Scott B. Friend
Faculty Articles
Training, mentoring, and coaching are all tools used to manage and enhance the performance of the sales force. However, little is known about the interplay between these learning tools and the extent to which a salesperson applies the knowledge, skills, and abilities acquired in training on the job, defined as learning transfer. Using a sample of frontline salespeople across various industries, this study investigates the significance of training, mentoring, and coaching in the sales learning transfer. The findings of the study bolster knowledge of the tools that increase learning and promote transfer, both of which can ultimately improve sales performance.
Are Workers' Compensation 'Alternative Benefit Plans' Authorized By State Opt Out Schemes Covered By Erisa?, Michael C. Duff
Are Workers' Compensation 'Alternative Benefit Plans' Authorized By State Opt Out Schemes Covered By Erisa?, Michael C. Duff
Faculty Articles
There is continuing interest by employers in providing workers compensation benefits through ERISAgoverned employee benefit plans States have authority under Shaw v Delta Airlines SCt 1983 to allow employers to comply with state workers compensation laws through use of alternative ERISAgoverned employee multibenefit plans This is a judicallycreated exception to Section 514a of ERISA ÔÇò the statutes sweeping field preemption provision But what if a state allowed compliance with its workers compensation law by creating a law ÔÇò an optout law ÔÇò that in essence said employers did not have to comply with its workers compensation law Is such a …
Can Law Be A Source Of Insight For Other Academic Disciplines?, Stephen Matthew Feldman
Can Law Be A Source Of Insight For Other Academic Disciplines?, Stephen Matthew Feldman
Faculty Articles
Law has been a borrower but not a supplier Law schools in effect have been located on oneway streets with ideas flowing in but nothing going out This essay is intended to begin a dialogue that could change the oneway streets between law schools and other university departments into twoway streets I want to demonstrate that legal and jurisprudential studies can be a source of ideas for scholars in other fields In particular this essay argues that the legal concept of the burden of proof can illuminate disputes between theorists of modernism and postmodernism