Digital Commons Network^™

Madaba Plains Project Tall Hisban, 1998, Øystein Sakala Labianca, Paul J. Ray Jr., Bethany Walker

Andrews University Seminary Studies (AUSS)

No abstract provided.

Privatizing Regulation: Whistleblowing And Bounty Hunting In The Financial Services Industries, Henry Ordower, James Fisher, Ellen F. Harshman, William B. Gillespie, Leland Ware, Fred C. Yeager

All Faculty Scholarship

Addresses use of whistleblowers and suggests private enforcement methodologies to supplement or supplant public enforcement activities in financial services under new law.

Remedies In Animal-Related Litigation, Joan E. Schaffner

GW Law Faculty Publications & Other Works

This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to either avoid harm, undo the harm, or repair the harm in kind.” In private law cases the primary relief sought is substitutionary damages. The changing role of companion animals in people’s lives is leading to an expanding range of available damages, such as companionship value, emotional distress and punitive damages. Of course, the jurisdiction’s substantive …

Révision De Quelques Hypothèses Sur Le Creusement Karstique, Jacques Choppy

International Journal of Speleology

Quite often, as we know better karst phenomena and the evolution of the karst environment, several hypotheses on speleogenesis appeared to be flimsy. Some of these hypotheses, concerning processes playing a part in the creation of karst forms, exceed the limits of their field. Others suggest hydraulic mechanisms, and interventions of geological or geographical factors likely to be questioned. Hypotheses relating to the evolution of karst, as well as the classification of karst types, suffer from the lack of an analytical approach. However, some of these hypotheses still have an important place in the current vision of speleologists and karstologists.

The Influence Of Cave Tourism On Co2 And Temperature In Baiyun Cave, Hebei, China, Linhua Song, Wei Xiaoning, Liang Fuyuan

International Journal of Speleology

Baiyun Cave in Hebei Province is one of the main show caves in North China. The speleothem landscape is wonderful, but strongly weathered. In order to set up the relationship between visitor flow and CO₂ content and temperature, these parameters were measured at observation sites No. 1 and No. 2 in the tourist peak period of May Day Holiday from May 1 to May 7, 2000. and general tourist season August and October, 2000. The results show that visitor flow strongly affects the fluctuations of cave CO₂ content and temperature, that the cave topography and dimensions affect the …

The Impact Of Student Gpas And A Pass/Fail Option On Clinical Negotiation Course Performance, Charles B. Craver

GW Law Faculty Publications & Other Works

This article explores the possible correlation between student GPAs when they graduate and the impact of a pass/fail option on Negotiation course results. The course requires students to engage in a series of negotiation exercises, with the comparative results having a direct impact on final course grades. I wanted to determine whether better students, reflected in GPAs, would achieve better negotiating results based upon the thought that better students are more intelligent, more articulate, and moreindustrious. I examined data from fifteen classes and found no statistically significant correlation between student GPAs and negotiation results. I believe that these findings are …

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 …

Karl Llewellyn's Fading Imprint On The Jurisprudence Of The Uniform Commercial Code, Gregory E. Maggs

GW Law Faculty Publications & Other Works

When Karl Llewellyn directed the creation of the Uniform Commercial Code (U.C.C.), he naturally wanted to implement his jurisprudential ideas. He succeeded in giving the U.C.C. at least five important features inspired by Legal Realism. In particular, as a result of his influence, the U.C.C.: (1) favored open-ended standards over firm rules; (2) avoided formalities; (3) required and facilitated the "purposive interpretation" of its provisions; (4) did not attempt to provide an exclusive statement of the law, but instead directed courts to supplement its rules with general legal and equitable principles; and (5) provided a range of remedies that principally …

Cautious Skepticism About The Benefit Of Adding More Formalities To The Manual For Courts-Martial Rule-Making Process: A Response To Captain Kevin J. Barry, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In Modernizing the Manual for Courts-Martial Rule-Making Process: A Work in Progress, 165 Mil. L. Rev. 237 (2000), Captain Kevin J. Barry, U.S. Coast Guard (Retired), advances seven specific proposals for improving the methods by which the procedural and evidentiary rules for courts-martial are made. This article addresses Captain Barry-s proposals. On the whole, none of the proposals is radical or dangerous. Indeed, each is closely analogous to procedures in the federal civilian criminal justice system. In addition, no insurmountable legal obstacles would prevent their adoption. Yet, closer inspection suggests that, in light of all the progress that already has …

En Banc Revisited, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Legal commentators have proposed a variety of solutions to the perceived problems of the U.S. courts of appeals, from splitting large circuits to assuring partisan balance in panel decisions. They have always assumed, however, that judges a particular appellate court should have sole responsibility for creating the law of that circuit, except when caseload pressures make it necessary to borrow visiting judges. In this Essay, Professor Abramowicz proposes using visiting judges in a more important role: en banc decision-making. Under this proposal, en banc decisions for one circuit would be made entirely by courts of appeals judges randomly selected from …

Accounting Standards And German Supplementary Pensions: The Emerging Framework Underpinning Global Finance, Daniel I. Gordon

GW Law Faculty Publications & Other Works

In this paper we focus on the current status of German employer-sponsored supplementary pensions in the context of moves towards the harmonization of international accounting standards. We emphasize the changing standards used to measure pension liability, and the consequences of these changes for (firstly) corporate management discretion and (secondly) German under-funded systems of defined benefit pensions. In combination, we show that claimed historical differences between the Anglo-American market for corporate control and the German system of entrenched management within interlocking boards of supervision are now less compelling than assumed. Adoption of international and US financial accounting standards by leading German …

German Social Market In The World Of Global Finance: Pension Investment Management And The Limits Of Consensual Decision Making, Daniel I. Gordon, Daniel Mansfield, Adam Tickell

GW Law Faculty Publications & Other Works

In a previous paper we emphasised the changing national and international accounting standards used to measure net pension liability. Beginning with the implications of this analysis for the financing of German employer-sponsored pensions, in this paper we focus upon the internal management of corporate pension assets and liabilities. Two issues drive the analysis. One has to do with the emerging coalescence of interests joining corporate management and shareholders in relation to the management of pension assets and liabilities. The second issue has to do with the allocation of risk and uncertainty between social partners when negotiating the financing and final …

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 …

Cyberspace And The State Action Debate: The Cultural Value Of Applying Constitutional Norms To 'Private' Regulation, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Regulation in cyberspace does not consist only of laws issued and enforced by sovereigns. Instead, private parties and standard-setting bodies, employing the technology of online interaction, will increasingly be able to regulate activity, which might potentially upset many of the provisional balances we as a society have struck in areas such as free speech, privacy, and intellectual property. The question then becomes: how do we evaluate this "private" regulation? Are constitutional norms applicable? Answering such questions requires a reinvestigation of legal doctrine and theory concerning the distinction between "state action" (which is generally subject to constitutional constraints) and "private ordering" …

An Observation And A Strange But True 'Tale': What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture?, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Few would dispute that law and legal procedures lie at the core of American self-identity and are woven deeply into the fabric of our culture. Indeed, our nation's faith in law has frequently been the subject of criticism. Most recently, self-proclaimed "communitarian" commentators have warned that our insistence on legal solutions is encouraging us to become a society of litigants whose attachment to "rights talk" and legal battles is thwarting our ability to reach consensus on social issues or instill shared values in our communities. While there are many possible responses to such a critique, this Essay offers one that …

Policing Women: Moral Arguments And The Dilemmas Of Criminalization., Naomi R. Cahn

GW Law Faculty Publications & Other Works

This essay concerns the peculiar dilemmas of criminalization for women. I explain the ways in which women are policed, ranging from the monitoring of motherhood to the criminalization of prostitution. This policing may be through the criminal law, civil law, or more subtly, through cultural attitudes that devalue women's work yet simultaneously encourage women to do that work. Hence, I argue that in order to sensitize, reform, and change the criminal justice system, it is critical to consider women's needs.

This essay also pays special attention to the impact of the criminal justice system on children. Specifically, I examine the …

The Power Of Caretaking, Naomi R. Cahn

GW Law Faculty Publications & Other Works

In this Article, I explore how the roles of women at home are related to their roles at work. By explaining the dynamics of household changes, this Article provides an additional understanding of the need for women's home and workplace equality. I argue that the power that women have gained from their role as a caretaker within the home is a double-edged sword: acting as the primary caretaker, while extremely rewarding, is simultaneously a “confining” position. Until both men and women see themselves as nurturers and workers, neither the workplace nor the family will undergo fundamental change.

This Article examines …

Panel Two: Who’S Minding The Baby?, Catherine J. Ross, Adrienne Davis, Marion Crain, Bonnie Thornton Dill, Nancy Dowd, Joan Williams

GW Law Faculty Publications & Other Works

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.

Federalism And Mass Tort Litigation, Roger H. Trangsrud

GW Law Faculty Publications & Other Works

There is no justification for displacing state tort law by adopting a new federal law of torts in order to facilitate mass tort class actions in federal court. Tort law law has traditionally and properly been the province of state law. The principal problem of mass tort litigation for the federal government is the congestion in the federal district courts caused by the avalanche of state tort claims that have found their way there. This has occurred for reasons not attributable to the federal government. Specifically, state legislatures and state supreme court justices have expanded available claims and remedies under …

En Banc Revisited, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Legal commentators have proposed a variety of solutions to the perceived problems of the U.S. courts of appeals, from splitting large circuits to assuring partisan balance in panel decisions. They have always assumed, however, that judges a particular appellate court should have sole responsibility for creating the law of that circuit, except when caseload pressures make it necessary to borrow visiting judges. In this Essay, Professor Abramowicz proposes using visiting judges in a more important role: en banc decision-making. Under this proposal, en banc decisions for one circuit would be made entirely by courts of appeals judges randomly selected from …

Evaluating A Change To Seminar-Style Teaching, Kirsten Anker, Catherine Dauvergne, Mark Findlay, Jenni Millbank

Research Collection Yong Pung How School Of Law

While the use of small to medium-sized seminar-style groups has long been a feature of some Australian law faculties, such as the University of New South Wales, it is a recent innovation in others, including the University of Western Australia and the University of Adelaide. In March 1996 the Faculty of Law at the University of Sydney made a decision to move from a traditional lecture and tutorial structure to seminar-style classes of limited size. This article discusses the reasons for the move away from a traditional lecture/ tutorial format to an interactive seminar-style model of teaching. The paper explains …

Two Hundred Gastrointestinal Stromal Tumors: Recurrence Patterns And Prognostic Factors For Survival, Ronald P. Dematteo, Jonathan J. Lewis, Denis H. Y. Leung, Salvinder S. Mudan, James M. Woodruff, Murray F. Brennan

Research Collection School Of Economics

Objective: To analyze the outcome of 200 patients with gastrointestinal stromal tumor (GIST) who were treated at a single institution and followed up prospectively. Summary Background Data: A GIST is a visceral sarcoma that arises from the gastrointestinal tract. Surgical resection is the mainstay of treatment because adjuvant therapy is unproven. Methods: Two hundred patients with malignant GIST were admitted and treated at Memorial Hospital during the past 16 years. Patient, tumor, and treatment variables were analyzed to identify patterns of tumor recurrence and factors that predict survival. Results: Of the 200 patients, 46% had primary disease without metastasis, 47% …

Suggestibility In Children: A Review: Suggestibility Differences Between Children With And Without Mild Intellectual Impairment, Rebecca Purchon

Theses: Doctorates and Masters

Literature review: The following review outlines the broad area of children and suggestibility with a focus on children with intellectual disabilities. Key determinants of suggestibility including cognitive, social and stress factors underpinning the phenomenon are examined. Secondly, methodological issues such as poor ecological validity and generaliseability to the child-victim context are discussed. Relevant studies in the field are examined in light of these methodological issues. The implications of generalising from ecologically invalid studies for legal and psychological professionals are discussed. Finally, future directions for research such as effects of different ages, differences in ethnicity and IQ differences on suggestibility are …

Exploring The Criteria Used By Managers To Measure The Effectiveness Of Customer Loyalty Programs, Peter D. Simms

Theses: Doctorates and Masters

Since the 1970s there has been a paradigm shift away from mass marketing towards the establishment and maintenance of individual relationships known as relationship marketing. Customer loyalty programs can be seen as the tactical strategies that have resulted from this change in focus, as they attempt to retain existing customers by developing a long-term, mutually satisfying relationship. The first of these such strategies was introduced in 1981, and they are still a relatively new and unexplored phenomenon. The limited research on these strategies conducted thus far has shown the many purported advantages to be doubtful at best, yet their number …

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 …

Research Problem: What Are The Differences Between Wadjela And Nyungar Criteria When Assessing Organisational Effectiveness Of Non-Government Human Service Organisations?, Keith Truscott

Theses: Doctorates and Masters

Wadjela and Nyungar experts (of managerial, administrative, service staff), from the same South-West city location in Western Australia were randomly chosen from the non-government human service field for separate workshops and asked the question “what makes a non-government human service organisation effective?" The purpose was to compare the group consensus answer between the two separate workshop groups. The Nyungars are the Indigenous people in the South-West of Western Australia and the Wadjelas are the Non-Indigenous people living in the same area. The results listed five criteria, in order of priority that made non-government human service organisations effective. For the Wadjela …

Identifying The 'Aboutness' Of Highly Structured Expository Documents, N. Stuart Hawthorne

Theses: Doctorates and Masters

The increases in commercial documentation over the past 50 years and the permeation of computers into all areas of business has led to a major increase in the individual's reading load. This thesis proposes a method of writing procedural documentation to enable rapid appreciation of the 'aboutness' of such material, thus making the reading task more efficient. The method is derived from a document structure which is used as a basis for the development of rules to construct a hierarchy of in-text headings which encapsulates the 'aboutness' of the text. Reading efficiency is achieved through needing to only interpret the …

Intellectual Capital: Managerial Perceptions Of Organisational Knowledge Resources, Mark Valentine St Leon

Theses: Doctorates and Masters

This study addresses the question 'To what extent does organisational type and managerial role define managers' perception of Intellectual Capital?' Our understanding of the phenomenon of Intellectual Capital is an emerging one. The most recent attempts to describe and define Intellectual Capital identify a dynamic 'action' perspective as well as a static 'perception' perspective. Intellectual Capital broadly describes the resources of knowledge available to an organisation, whether embodied in human or non-human forms, and which are capable of being transformed into and codified as productive organisational assets. The emergence, development and application of concepts of Intellectual Capital herald the arrival …

Determining The Critical Elements Of The Customer Intimacy Framework, Frank Raymond Jasper

Theses: Doctorates and Masters

Currently the field of marketing is undergoing a transformation concerning the appropriate marketing model to use in business. This transformation arose due to the mounting problems of the existing 4Ps Marketing Model, the heightened importance of customer retention, the requirement to continually add value to business processes and recent advancements in Internet technology. An alternate approach to the 4Ps Marketing Model began to emerge in the 1970's and was termed relationship marketing. This study is exploratory in nature and investigates consumer perceptions concerning customer intimacy. A self-administered mail questionnaire was employed to gather the necessary data from 300 solely external …