Digital Commons Network^™

The Inherent Limits Of Judicial Control Of Agency Discretion: The D.C. Circuit And The Nondelegation Doctrine, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

The article discusses American Trucking Associations v EPA, in which a two-judge majority of a DC Circuit panel held that the section of the Clean Air Act that authorizes EPA to set primary air quality standards applicable to criteria pollutants is unconstitutional as interpreted by EPA. The court held the EPA interpretation unconstitutional because it provides no criteria for determining how much pollution is too much. The court remanded to allow EPA the opportunity to adopt a saving interpretation of the statute by adopting a binding determinate decision making standard that EPA and a court can apply to determine how …

Family Leave And The Gender Wage Gap, Michael Selmi

GW Law Faculty Publications & Other Works

In this article, I argue that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men with respect to the care of children. Until now, most suggestions have focused on changing the behavior of women or employers, but women continue to face significant disadvantages in the workplace despite substantial changes in their labor force behavior. In the first part of the article, I analyze the latest data and conclude that the gender pay gap reflects both women's actual labor market behavior, which still differs from men's, and employers' exaggerated responses …

Collecting Child Support: A History Of Federal And State Initiatives, Naomi R. Cahn, Jane C. Murphy

GW Law Faculty Publications & Other Works

In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …

Facilitating Scientific Research: Intellectual Property Rights And The Norms Of Science - A Response To Rai And Eisenberg, F. Scott Kieff

GW Law Faculty Publications & Other Works

Arti Rai's article in the Fall 1999 issue of the Northwestern University Law Review explores the proper use of both legal rules and prescriptive norms to shape behavior in the basic biological research community. Rai's article builds upon the extensive work in this area by Rebecca Eisenberg, which first attained prominence through Eisenberg's article in the December 1987 issue of the Yale Law Journal. Eisenberg concludes that the use of patents in the area of basic biological research may frustrate central norms of the community. Rai prescribes concerted public and private action as the best tools for avoiding patents and …

Representing The Poor And Homeless: Innovations In Advocacy Tackling Homelessness Through Economic Self-Sufficiency, Susan R. Jones

GW Law Faculty Publications & Other Works

The homeless community is diverse, and the causes of homelessness are complex. As part of a Symposium entitled, "Representing the Poor and Homeless: Innovations in Advocacy Tackling Homelessness through Economic Self-sufficiency," the author discusses the challenges faced by those who attempt to address the needs of homeless people. This essay focuses on policies and innovations in income creation for homeless people. The author advocates for integrated approaches to homelessness prevention and policies that combine housing, income, and social services. In this regard, the author explores economic self-sufficiency through such innovations as microenterprise development, a rapidly growing and innovative strategy in …

Johnny Can Read, But Can He "Surf"? Harmonizing Copyright Law And Internet Ethics, Simone A. Rose

Minnesota Journal of Law, Science & Technology

No abstract provided.

Dialogue Magazine, Winter 2000

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Federal Environmental Law In The 'New Federalism' Era, Robert L. Glicksman, Stephen Mcallister

GW Law Faculty Publications & Other Works

As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important decisions, always decided with the same five justices in the majority, the Court has begun to redefine the federal-state relationship and the scope of federal authority. The past term generally continued that trend, with one important commerce power decision, one significant Eleventh Amendment/Fourteenth Amendment decision, and a number of decisions that involve or affect federalism and the scope of federal power, although the Court sometimes relied on statutory …

Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung

Faculty Scholarship

It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.

That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …

Negotiating Federalism: State Bargaining And The Dormant Treaty Power, Edward T. Swaine

GW Law Faculty Publications & Other Works

The orthodox view that states have no role in U.S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a "dormant" bar on state participation - that is, absent a controlling federal statute or treaty - is obscure. Revisionist scholarship, and recent Supreme Court case law, suggest that Congress alone should decide when the states must stay out of foreign relations.

In this article, I argue that both the orthodox and revisionist views neglect an alternative basis for a judicial role - the Treaty Clause, enforced through the dormant treaty …

Analogue-To-Digital Conversion And Image Enhancement Using Neuron-Mos Technology, Joseph W. Austin-Crowe

Theses: Doctorates and Masters

This thesis describes the development of two novel circuits that use a newly developed technology, that of neuron-MOS, for the purposes of analogue-to-digital conversion and image enhancement. Neuron-MOS has the potential to reduce both the complexity and number of transistors required for analogue and digital circuits. A reduced area, low transistor-count- analogue-to-digital converter that is suitable for inclusion in a massively parallel array of identical image processing elements is developed. Supporting the function of the array some fundamental image enhancement operations, such as edge enhancement, are examined exploiting the unique features of neuron-MOS technology.

Living With A Transvestite : A Phenomenological Study Of Wives And Committed Partners Of Transvestites, Heather Christine Freegard

Theses: Doctorates and Masters

Being a man or woman is at the core of human social lives and personal identity, and guides appropriate behaviours such as dress, mannerisms and relationships. Transvestism, or the practice of wearing the clothes of the other gender, challenges societal values and guidelines for behaviour. The attitude of society to this practice has varied from veneration to vilification depending on the period of history and the culture of the people. In western countries, although there is little social or legal repression, transvestism is largely a hidden phenomena. The tradition of comic drag has dominated public recognition of cross-dressing. Hence transvestites …

Attitudes, Practices And Knowledge Regarding Cervical Cancer Screening Among Greek Women In The Area Of Perth, Panagiota Karnaki

Theses: Doctorates and Masters

The purpose of this thesis is to study the attitudes, practices and knowledge of Greek women in Perth, Western Australia, regarding cervical cancer screening. This is important because no study has yet examined the cervical screening pattern of this group, despite their low participation rate in screening programs. Qualitative semi-structured interviews among 15 Greek women in Perth were used for data collection. Interviews were conducted both in English and Greek. Eight out of the 15 women interviewed did not participate in frequent screening and many had had only one Pap test in their life. Culture and religion influenced negative attitudes …

What Does A Child's Story Tell You?, Tamara Anne Bromley

Theses: Doctorates and Masters

The stories that students tell in the classroom have the potential to be an invaluable resource for teachers. Through a focus on the language used, these stories can provide teachers with information about their students' sociocultural backgrounds and therefore, the knowledge that students bring to the context of the classroom. In today's diverse classrooms, teachers need to discover this information about their students to enhance the planning process for students' learning. The stories that students tell provide teachers with one avenue by which they can begin to meet the requirements of the Curriculum Framework for Kindergarten to Year 12 Education …

An Application Of Pattern Recognition For The Comparison Of Trunk Muscles Emg Waveforms Between Subjects With And Without Chronic Low Back Pain During Flexion-Extension And Lateral Bending Tasks, Christian Larivière, Denis Gagnon, Patrick Loisel

Études primaires

No abstract provided.

Through The Eye Of The Beholder: Multiple Perspectives On Quality In Women's Health Care, Jaynelle F. Stichler, Marianne E. Weiss

College of Nursing Faculty Research and Publications

Quality is an illusive concept with different meanings to different people. Providers often define quality in terms of patient outcomes, professional standards of practice, predetermined criteria used to measure quality, and even subjective opinion. Patients describe quality in terms of the interpersonal aspects of care, how well they were treated, and the responsiveness of the provider to their needs. This qualitative study using a semi-structured interview defined quality from the perspectives of patients, physicians, nurses, and payers associated with a hospital-based women's service line, and how the attributes of quality varied among the multiple groups. The study also described how …

Health Informatics Research & Evaluation Design Students Overwhelmingly Prefer Hypertutorial Web-Based Instruction In Randomized Comparison, Craig W. Johnson

Faculty, Staff and Student Publications

No abstract provided.

Java-Based World Wide Web Clinical Trial Data Management, Vinod Aggarwal, Venkatesh Rudrapatna, Craig W. Johnson

Faculty, Staff and Student Publications

No abstract provided.

The Web-Based Interactive Family History Questionnaire, Rita Torkzadeh, Constance M. Johnson, Craig W. Johnson

Faculty, Staff and Student Publications

No abstract provided.

Reflections On Mentoring, Nancy S. Thurston

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

Spiritual Directors And Clinical Psychologists: A Comparison Of Mental Health And Spiritual Values, Nicholas C. Howard, Mark R. Mcminn, Leslie D. Bissell, Sally R. Faries, Jeffrey B. Vanmeter

Faculty Publications - Doctor of Psychology (PsyD) Program

We surveyed a total of 315 spiritual directors, psychologist members of the Christian Association for Psychological Studies (CAPS), and psychologist members of the American Psychological Association (APA) to determine their respective values on ten mental health themes derived from Jensen and Bergin (1988), and three spirituality scales drawn from the writings of John of the Cross. All three groups endorsed the value of expressing feelings, personal autonomy and maturity, and integrating work and leisure. CAPS psychologists and spiritual directors endorsed more than APA psychologists the values of spirituality, forgiveness, and the three John of the Cross scales. Spiritual directors reported …

A Preliminary Assessment Of Mental Health Needs Faced In Religious Leaders In Eastern Europe, Brent M. Ellens, Mark R. Mcminn, Linda L. Lake, Matthew M. Hardy, Elizabeth J. Hayen

Faculty Publications - Doctor of Psychology (PsyD) Program

Enormous sociopolitical changes in Eastern Europe in the last decade have had a profound impact on the psychological functioning of the citizens of these nations. In order to assess and intervene in the mental health realm in Eastern Europe, a brief survey was sent to various Christian leaders in Eastern Europe. Common mental health problems identified across the various Eastern European countries and cultures include depression, relationship difficulties, alcohol abuse, and anxiety disorders. Christians in Eastern Europe tend to turn to family and friends for help with these problems first, pastors second, and almost never to mental health professionals. Clergy …

Integration As Service: Implications Of Faith-Praxis Integration For Training, Sally Schwer Canning, Carlos F. Pozzi, J. Derek Mcneil

Faculty Publications - Doctor of Psychology (PsyD) Program

Faith-praxis integration should be given further attention as the integration of applied psychology and Christian theology proceeds. The authors outline a rationale for faith-praxis integration based upon patterns of mental health needs and resources in the U.S. and for a Kingdom mandate. Implications of a faith-praxis perspective for trainers of Christian psychologists are suggested in relation to a program’s missions statement, faculty, course work, practical training, research, and relationship to the community. Selected activities of existing Christian psychology training programs are included to illustrate these implications. Ongoing discussion is invited concerning this emerging area of integration.

A Note On The Representation Of Environmental Risks In The News, Demond Shondell Miller

The Qualitative Report

This paper examines the role of the media in representing environmental risks to society, focusing on how environmental realities are constructed via the objectivist and subjective perspectives. This study explores the construction of reality centered on space exploration, namely, the Cassini space probe. In this study, 200 respondents were asked to read four news articles from various sources and comment on the information contained in the articles. Their comments addressed the extent to which the articles were useful in helping them assess their risk to potential plutonium exposure in the event of a launch disaster. A large majority of the …

Losing Ground : Locational Formulations In Argumentation Over New Travellers, Rebecca Barnes

School of Psychology Theses

This thesis is an exercise in discursive psychology. The body of discourse analysed concerns the defence of rural space against New Travellers. In contrast to previous sociological and human geographical work in this area, instead of newspaper articles and Parliamentary discourse, participants' talk and texts are the starting point for the - investigation. The data corpora have been generated from a variety of sources: Focus group discussions with police officers; interviews with landowners (or their representatives); letters to the editors of local newspapers; and private letters of complaint to a local council. The thesis focuses on the participants' selection of …

The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz

Seattle University Law Review

Part II of this article will begin by reviewing the growing awareness before 1925 of the crisis in the New England textile industry and the emergence of John Winant as a concerned leader. Part III examines the early effort to confront the decline with new corporate and public policies. Part IV chronicles the pursuit of labor standards through interstate compacts and alternatives. Part V focuses upon joining the ILO and the questions that arose regarding the relationship of conventions to domestic law. Part VI describes the post-World War II attacks on the ILO which undermined, until the 1990s, the United …

Salmon On The Brink: The Imperative Of Integrating Environmental Standards And Review On An Ecosystem Scale, Dianne K. Conway, Daniel S. Evans

Seattle University Law Review

This Article examines the interplay between the Clean Water Act and Endangered Species Act, the necessity of applying these statutes under an ecosystem or watershed based model, and the need to coordinate and integrate standards and review processes under the acts. The concept of watershed management is summarized in Part II, and Part III gives a brief overview of the two statutes and their implementation. Part IV focuses on the opportunities for, and necessity of, streamlining and integrating the standards and review under the two statutes to support the integrated, place-based, management model envisioned by a watershed approach. We conclude …

The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry

Seattle University Law Review

This Article addresses a particular aspect of many kinds of professional practice: the rendering of advice to clients. Drawing on their knowledge and experience, professionals may recommend a certain course of action to their clients in the course of their practice. The client may then assess the recommendation and decide whether or not to act on it. This aspect of professional practice involves a speech-related activity, so government regulation might raise at least a colorable First Amendment issue. This Article also focuses on a particular aspect of the regulation of professional advice, namely, licensure. When professional advice rendering activities are …

Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of …

Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler

Seattle University Law Review

In this Introduction, I will briefly summarize Des Rosiers' Court Review article, entitled From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts, placing it in a framework that transcends minority-majority conflicts and encourages discussion regarding the use of therapeutic jurisprudence by appellate tribunals. My brief summary is followed by a series of comments that have the potential of launching a refreshing line of inquiry into the appellate process, opinion writing, and the formulation of legal doctrine.