Digital Commons Network^™

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% …

Analysis Of The Population Genetics Of The Han And Hui Of Liaoning Province, Peoples Republic Of China, Michael L. Black

Theses: Doctorates and Masters

Throughout recorded Chinese history, regions of the country populated by persons of non-Han ancestry often fluctuated significantly in population numbers and in their political and commercial influence. However, at all times they were considered as important contributors to the nation. Many of these peoples had moved from their homelands, settled in China and had intermarried with Han Chinese. Over the generations they became accepted as fully-fledged Chinese citizens although, in many instances, they retained their traditional customs and religious practices, and frequently their own language. The Hui Muslims are a good example of this process of integration, and today they …

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 …

The Effects Of The Provision Of An Interactive Teaching Program And Word Processors On The Writing Of Year 9 Students With Learning Disabilities, Cecily Cropley

Theses: Doctorates and Masters

Three male year nine students with learning disabilities were given an intervention program that involved use of a word processor to write science fiction stories. The program was conducted over a five-week period. The effects of the use of the word processor alone were compared to the effects of the provision of an interactive teaching course program in conjunction with a word processor. The treatment program was a single subject treatment design. One participant's writing improved to an equal extent whether or not an interactive teaching program was provided. A second participant's fluency, spelling and the number of unique words …

The Framing Of Truancy : A Study Of Non-Attendance Policy As A Form Of Social Exclusion Within Western Australia, Jan Gray

Theses: Doctorates and Masters

Truancy is a product of socially constructed knowledge. The final product of this knowledge provides insight into the defining features of current societal beliefs, values and fears, becoming a powerful framing influence for definitions of acceptable patterns of school attendance and behaviour. In this sense, the perceived incidence of truancy within a community has far more impact on the creation and enactment of public policy associated with young people who do not regularly attend school than the incidence itself. This does not deny the incidence of truancy, nor the empirical data indicating correlates of truancy, illiteracy, crime, poverty and unemployment. …

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 …

Drama Praxis : Rural Arts Workers And Lifelong Learning : A Phenomenological Study, Susan E. Gibson

Theses: Doctorates and Masters

The purpose of this study is to explore and describe the experiences of a specific group of arts workers in an isolated rural community in the South West of Western Australia. These participants have all worked in the community as arts workers for an extended period of time. Through phenomenological research, the telling of these workers stories, it is anticipated that the research will highlight, strengthen and enrich the political and economic positions of these workers. The study is based on the assumptions and pre-conceptions that geographical and cultural isolation contributes to significant problems and situations such as communication that …

Gender Differences In Coping Responses For Partners Of Problem Drinkers, Patricia O'Brien

Theses: Doctorates and Masters

This thesis is compiled in two parts. Each part is an independent piece of work intended for separate publication. Consequently each part has separate page numbering. The list part is a literature review with relevant appendices attached. The second part is a research report incorporating the collection and analysis of data. This research report also has its own appendices. A general appendices section at the end of the thesis supplies documentation not included in either the literature review or the study. The literature review is to be submitted to the Clinical Psychology Review and the research report to the Journal …

University Baccalaureate Curriculum Analysis For Safety And Health In The United States Of America (Usa) Toward A Model University Baccalaureate Curriculum, Margie L. Kolbe-Mims

Theses: Doctorates and Masters

The goal of this research was to determine a model safety and health baccalaureate curriculum. A secondary target was to ascertain if safety and health practitioners and safety and health educators would concur on course offerings. To simplify this study effort, a search of literature was conducted on the Occupational Safety and Health field. There were no in-depth studies of this type for such a general population; therefore no instrument was available for this study. The perusal of literature indicated that most such studies had been conducted using a more specific target group of subjects. That is, faculties or former …

Tracing Image And Bodily Displacement In Modern And Postmodern Dance, Carolyn Margaret Griffiths

Theses: Doctorates and Masters

Through time the dancer has been both celebrated and disadvantaged by antithetical ideas: the division of soul and body, form and matter, life and death, artist and audience. For the romantics, the dancing body stood in a relationship to poetic thought in much the same way as the dancer stood to the body. Notions of the body in early modernism arose from cultural and political constructs through which poets and writers examined the nature of truth. These poets, Yeats in particular, hinted at a premise that a whole history of culture may be necessary to explain why women and art …

The Potential Use Of Smart Cards In Vehicle Management With Particular Reference To The Situation In Western Australia, Harry W. Jones

Theses: Doctorates and Masters

Vehicle management may be considered to consist of traffic management, usage control, maintenance, and security. Various regulatory authorities undertake the first aspect, fleet managers will be concerned with all aspects, and owner-drivers will be interested mainly in maintenance and security. Car theft poses a universal security problem. Personalisation, including navigational assistance, might be achieved as a by-product of an improved management system. Authorities and fleet managers may find smartcards to be key components of an improved system, but owners may feel that the need for improved security does not justify its cost. This thesis seeks to determine whether smartcards may …

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 …

Intelligent Approaches To Vlsi Routing, Maolin Tang

Theses: Doctorates and Masters

Very Large Scale Integrated-circuit (VLSI) routing involves many large-size and complex problems and most of them have been shown to be NP-hard or NP-complete. As a result, conventional approaches, which have been successfully used to handle relatively small-size routing problems, are not suitable to be used in tackling large-size routing problems because they lead to 'combinatorial explosion' in search space. Hence, there is a need for exploring more efficient routing approaches to be incorporated into today's VLSI routing system. This thesis strives to use intelligent approaches, including symbolic intelligence and computational intelligence, to solve three VLSI routing problems: Three-Dimensional (3-D) …

Constructing Compatibility : Managing Breastfeeding And Weaning From The Mothers' Perspective, Yvonne Louise Hauck

Theses: Doctorates and Masters

Breastfeeding involves phases of initiation, continuation, and weaning. Research to date has focused upon its initiation and continuation rather than the later phases, when the child is weaned from the breast. Selective aspects relating to weaning have been explored to determine infant feeding practices such as the timing of food introduction. However, that research has focused upon developing countries where the impact of infant feeding patterns and weaning practices have a significant impact on infant growth and child health. The weaning process or final phase of breastfeeding from the mothers' perspective has not been examined within the western world. In …

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 …

Thoughts And Feelings Of A Beginning Tertiary Group Of Adult Learners In A Human Resource Development Course, Bryan W. Smith

Theses: Doctorates and Masters

This is a study of a case of adults entering tertiary study for the first time, and their mental life concerning their own self-performance, constructed across four instances. The purposes of the study were to identify some characteristics of the four participants’ covert behaviour during their learning in a course on Human Resource Development (1-IRD), to gain some insight into the conception of self-performance held by the participants and the attributions of this self-performance, to examine the approaches to learning held by each participant, and to contribute to closing the gap between adult education and educational psychology. Three consecutive three-hour …

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 …

The General Board Of Education In Western Australia 1847-1871: Its Establishment And Performance, Derek Jowle

Theses: Doctorates and Masters

This thesis is a history of the politics of education in nineteenth century Western Australia with a particular focus on educational administration. It traces the activities of the educational pioneers in Western Australia and in particular synthesises research material from a wide variety of sources to demonstrate and explain: •How and why these pioneers established an education system in Western Australia; •The difficulties faced by the pioneers and how they overcame those difficulties; •Why the General Board of Education ("the Board"), which was formed by the early pioneers, was established in 1847; •How and why the Board was terminated in …

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 …

Insights Into Drama In The Early Childhood Setting: A Rationale For The Use Of Drama, Lynette Kaye Moss

Theses: Doctorates and Masters

This research is an investigation into the implementation of drama in early childhood education conducted in one Perth metropolitan primary school, over a three-week period. The six drama lessons were taught by the researcher/practitioner in a Pre-primary and a Year One class. These students were chosen for their limited exposure to the Drama in Education experience. The expectation was of a less conditioned response both in their conduct and expression within the drama environment. The lessons were captured on video and transcribed, then analysed utilising an ethnomethodological methodology. The responses of these children were recorded in an attempt to disclose …

Professional And Continuing Education In Hong Kong: An Analysis Of The Characteristics And Job Satisfaction Of Part-Time Teachers Of English Language Courses, Joe Wai-Kin Ching

Theses: Doctorates and Masters

In order to have a better understanding or the Professional and Continuing Education in Hong Kong, the purpose of this research is to assess the job satisfaction or part-time English language teachers with respect to their work, pay, opportunities for promotion, supervision, and colleagues. The PCE departments in a total of six institutions with diversified characteristics, namely, Hong Kong University, Hong Kong Chinese University, Hong Kong Baptist University, Hong Kong Polytechnic University, City University of Hong Kong and Hong Kong Institute of Vocational Education were involved in the present study. The first part is a quantitative study adopting a cross-sectional …