Digital Commons Network^™

The Use Of Non-Judicial Procedures To Resolve Employment Discrimination Claims, Charles B. Craver

GW Law Faculty Publications & Other Works

This article discusses the use of non-judicial procedures to resolve employment discrimination claims under the different federal civil rights laws. The two major areas covered involve the use of private arbitration, based upon Supreme Court decisions permitting private employers to require their employees to agree to resolve all of their employment disputes through arbitral procedures, and the possible use of administrative procedures similar to those used by the National Labor Relations Board to resolve unfair labor practice charges. The article explores ways in which the rights of employees not represented by labor organizations could be protected in arbitral proceedings significantly …

Property Rights And Property Rules For Commercializing Inventions, F. Scott Kieff

GW Law Faculty Publications & Other Works

Several recent commentators have criticized trends in the patent system by suggesting that the goals of the system can be better achieved through a variety of approaches that avoid or mitigate the monopoly-type impact of property rights. Suggested alternatives include the use of cash rewards, buy-outs, and liability rules, as distinct from property rules. This paper uses the important contributions made by these commentators to reveal shortcomings in any view of the patent system that focuses only on incentives to engage in inventive activity. The paper offers a new view of the patent system that embraces property rights and property …

Institutional Foundations For Economic Legal Reform Transition Economies: The Case Of Competition Policy And Antitrust Enforcement, William E. Kovacic

GW Law Faculty Publications & Other Works

Since the 1970’s, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote this progression. Despite enormous uncertainty and upheaval in the transition from planning to markets, economic liberalization remains the strategy of choice for boosting growth. Competition policy laws prohibiting various restraints of trade and creating public or private rights of action to enforce such prohibitions are common elements in the transition environment. This article examines questions about the proper scope of …

Biotechnology And International Law, Sean D. Murphy

GW Law Faculty Publications & Other Works

Emerging applications in the field of biotechnology hold great promise for promoting the health and well-being of the global community, especially in developing states. Yet significant concerns have emerged about biotechnology in the transnational sphere, concerns that no doubt will increase in decades to come. The purpose of the article is to assess the strengths and limits of existing international norms and structures designed to address these concerns, and to suggest a means for augmenting current structures to make them more effective. International law develops and regulates transnational behavior in a manner that goes well beyond the development treaty regimes. …

Chevron, State Farm And The Epa In The Courts Of Appeals During The 1990s, Robert L. Glicksman, Christopher H. Schroeder

GW Law Faculty Publications & Other Works

This study updates an article published a decade ago by the same authors. It presents a systematic analysis of decisions in which EPA or its administrator was a named party in the federal courts of appeals during the 1990s. Relying on a data base of over 300 cases, the main topics of the study are judicial review of statutory interpretation and of EPA's use of science in its rulemaking proceedings. In both the statutory interpretation and scientific areas, one of our most significant findings is evidence that the federal courts have embraced what Tom Grey has termed the new formalism. …

Refined Comparativism In Constitutional Law, David Fontana

GW Law Faculty Publications & Other Works

This Article considers the possible uses of comparative constitutional law in American constitutional interpretation. Surveying the debates about the uses of comparative constitutional law at the Founding, and tracing these debates to contemporary times by looking at the role of comparative constitutional law in the history of the U.S. Supreme Court, David Fontana suggests that a moderate, workable practice of using comparative constitutional law is consistent with the original intention of the Founders and has some precedent in the case law of the U.S. Supreme Court. This Article lays out a "refined comparativist" approach, whereby a court would consider comparative …

Louis Brandeis And The Race Question, Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in a culture enamored by our heroes. They are celebrated for their extraordinary accomplishments, and canonized by histories that rarely reflect the true texture of their lives. Legal academics share in these tendencies and, as a result, heroes in the law are often viewed with the same rose-colored glasses accorded to their counterparts in popular culture. The late Louis Brandeis was an Associate Justice on the Supreme Court of the United States from 1916 to 1939. Born to Jewish immigrant parents, he graduated from Harvard Law School, and gained a reputation as America’s “People’s Attorney.” He pioneered an …

Fear Of Oversight: The Fundamental Failure Of Businesslike Government, Steven L. Schooner

GW Law Faculty Publications & Other Works

This article discusses the National Performance Review's (NPR's) broad-reaching effort to reinvent government by making it more businesslike, focusing on its successful effort to reform the Federal procurement process. The article shows that the reformed system couples greatly increased buyer discretion with dramatically reduced oversight of government spending - both internal and external. This article asserts that this combination erodes the public's confidence in the procurement system, violates established norms, and is antithetical to a host of Congressional mandates and policies. More particularly, the article provides empirical evidence of the dramatic, sustained reduction in government contract related litigation during the …

The Coin Of The Realm: Poverty And The Commodification Of Gendered Labor, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article examines the commodification of household labor performed by poor women. This Article also explores various perspectives on commodification, analyzing the benefits and drawbacks of commodification rhetoric. While I do not advocate payment of actual wages to mothers, I believe that focusing on the valuation of household work can be useful in clarifying some of the contemporary dilemmas faced by poor women.

I conclude that market understandings can enrich family law just as family understandings can enrich market laws. My goal is not to diminish the role of caretaking by suggesting that everything has a market price. Instead, I …

Pennhurst, Chevron, And The Spending Power, Peter J. Smith

GW Law Faculty Publications & Other Works

Under Pennhurst, a court may conclude that Congress has imposed a condition on the grant of federal funds to a state recipient only if Congress unambiguously expressed its intent to do so; under Chevron, the existence of statutory ambiguity with respect to a particular issue requires the reviewing court to defer to a reasonable agency interpretation of the ambiguous statutory language. What, then, should a court do when the terms of a federal-state grant program's condition are not fully elaborated in the statute and when the agency charged with enforcing the statute has issued regulations that purport to define the …

The Long Lingering Shadow: Law, Liberalism, And Cultures Of Racial Hierarchy And Identity In The Americas, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This is an Article on race relations and comparative legal history. It contrasts the law of race and slavery in three Latin American nations, Brazil, Colombia, and Venezuela, with the parallel history in the United States. The Article examines the Afro-Latin experience as a critical issue in its own right and as a way to better inform our discussion of racial hierarchy, identity, and legal remedy in the United States. This Article examines the paradoxical role played by liberal legal and cultural norms in the United States. It shows how liberalism helped create a system of castelike separation between black …

Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael B. Abramowicz, Maxwell L. Stearns

GW Law Faculty Publications & Other Works

The Supreme Court Justices' votes in Bush v. Gore revealed a doctrinal inversion. The conservative justices limited the Florida Supreme Court's power to construe state election law and embraced an expansive application of equal protection doctrine to determine the outcome of a presidential election, while the liberal justices advocated judicial restraint in presidential elections and respect for state court construction of state law. This anomaly invited claims in the popular press and in the legal academy that justices were behaving strategically, a timely observation given an increasing focus in recent judicial politics literature on strategic behavior by justices. In this …

Development Of A Teacher Pre-Service Education Program Emphasizing The Needs Of The Public Schools For The 21 St Century, Sandra K. Vance

Abraham S. Fischler College of Education ETD Archive

Numerous issues will be important regarding education in the years ahead. Few issues, however, will be as important as the need to improve secondary education to prepare students to meet the challenges of the 21st Century. This project was ( a) to create a secondary school curriculum that would effectively address the needs of students in 2010 and (b) to develop a preservice teacher education program, an induction program and a staff development program based on the curriculum identified in the research to better assist teachers in preparing secondary school students to meet the challenges of the 21st Century.

This …

The Development Of A Training Program On The Clinical And Forensic Management Of Victims Of Intentional Injuries For Emergency Services Health-Care Providers, Jo Ann H. Dawson

Abraham S. Fischler College of Education ETD Archive

The problem under investigation in this applied dissertation project was that improper evidence collection during the evaluation of patients with intentional injuries often resulted in the inability to support legal conviction. The purpose of the project was to develop a model-training program that would assist emergency services providers to intervene and evaluate victims of intentional injuries.

The following six research questions were addressed in this study:

1. What principles of patient care and forensic science should be taught to emergency services health-care providers to intervene with victims of intentional trauma?

2. How can emergency services health professionals ensure appropriate documentation …

Comparative Development, Longevity And Population Growth Of Exotic And Native Parasitoids Of Lepidopteran Cereal Stemborers In Kenya, J. C. Mbapila, W. A. Overholt

All Peer-Reviewed Publications

Studies on the effect of temperature on the development, longevity and population growth of Cotesia flavipes Cameron and Cotesia sesamiae (Cameron) indicated that the development of both Cotesia spp. from oviposition to cocoon formation and adult emergence was inversely related to temperature. The longevity of the parasitoids was also inversely related to temperature. Both parasitoids lived longer when moisture and food (agar + honey/water) were provided. The mean number of females and total adult progeny produced by C. flavipes on two host species were, in most cases, higher than C. sesamiae. The intrinsic rate of natural increase of C. flavipes …

Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright

Theses: Doctorates and Masters

The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n …

Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander

Research Collection Yong Pung How School Of Law

Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the …

Synthesis In Trial Procedures? The Experience Of The International Criminal Tribunals, Mark Findlay

Research Collection Yong Pung How School Of Law

Critical to analysing the recent synthesis of criminal trialprocedures is an understanding of the internationalisation of criminal law andprocedure. As well as the creation of international tribunals to investigateand try crimes of world significance, there is emerging an internationaljurisprudence on criminal law (and procedural hybrids to support and developthis) which require integrated analysis.

The Mind Of Christ? A Phenomenological Explication Of Personal Transformation And Cosmic Revision In Christian Converts In Western Australia, Stuart Cranford Devenish

Theses: Doctorates and Masters

Religious converts routinely report differences in the way they attribute meaning as a consequence of religious conversion. Previously known objects, events and persons are perceived differently as a result of a new plausibility structure being brought to bear. Converts experience themselves and their lives as fundamentally problematic due to their limitations in the face of seemingly insurmountable physical, moral or spiritual crises, and set out in search of a resolution to their anguished existence. The resolution comes as they encounter God, the one whom-it is thought-holds within his hands the resolution to their problem and the seeds of their transformation …

A Bayesian Decision Approach For Sample Size Determination In Phase Ii Trials, Denis H. Y. Leung, You-Gan Wang

Research Collection School Of Economics

Stallard (1998, Biometrics54, 279–294) recently used Bayesian decision theory for sample-size determination in phase II trials. His design maximizes the expected financial gains in the development of a new treatment. However, it results in a very high probability (0.65) of recommending an ineffective treatment for phase III testing. On the other hand, the expected gain using his design is more than 10 times that of a design that tightly controls the false positive error (Thall and Simon, 1994, Biometrics50, 337–349). Stallard's design maximizes the expected gain per phase II trial, but it does not maximize the rate of gain or …

The Asian Economic Crisis: The Way Ahead For Singapore, Augustine H. H. Tan

Research Collection School Of Economics

No abstract provided.

The Management Of Performance By Volunteers: The Use Of Performance Feedback, Megan Paull

Theses: Doctorates and Masters

The purpose of this study was to examine the use of feedback by managers and co-ordinators of volunteers in the management of performance by volunteers. Research into the use of feedback in the paid workforce was examined extensively. Additionally, research dealing with the application of human resource management theory to volunteers is discussed. A foundation study conducted to examine the performance management practices in use with volunteers in Western Australia forms the basis for a multi-phase qualitative and quantitative examination of the topic. The perceptions of the managers and coordinators of volunteers, and the volunteers themselves about what constitutes poor …

A Report On Nurses' Response To Occupational Injuries And Exposures To Hazards In A Californian Community Hospital, Sandra Kilminster-Binder

Theses: Doctorates and Masters

This study set out to determine the reasons for underreporting of occupational injuries and exposures in the American health care environment. A cross sectional survey was used to report the responses and opinions of nurses who failed to report all occupational injuries and exposures, and the type of injuries that are least likely to be reported. The participants were a random sample of Registered Nurses employed in a California Health Care Center, who responded to a simple self-reporting questionnaire. The study revealed that the majority of occupational injuries, accidents and exposures by this group in the previous twelve month period …

Change Of Support Correction In Mineral Resource Estimation, Marek J. Janas

Theses: Doctorates and Masters

The success of any mining operation greatly, if not entirely, depends on the accuracy of prediction of recoverable mining reserves. However, prior to mining, knowledge about the distribution of the Selective Mining Unit (SMU) is limited. The SMU represents the volume on which extraction of ore takes place and on which recoverable mining reserves are based. Realistic recoverable reserve estimates can be obtained from the grade-tonnage curve that corresponds to the unknown distribution of the SMU rather than to the distribution of exploration sample data. In general, if the reserve calculation, at the given cut-off grade, is based upon exploration …

Cognitive Apprenticeship In A Building Design Office, Craig A. Baird

Theses: Doctorates and Masters

This thesis presents a research study that investigated student learning in a mentor supported design office situation, using a cognitive apprenticeship learning approach that utilised authentic design project tusks. In this study, 29 final year Technical And Further Education (TAFE) building design students undertook authentic building design projects with expert building designers, who acted as mentors, in commercial design office situations. The mentors guided student learning by using a cognitive apprenticeship approach to learning, implemented with authentic design projects designed to replicate the everyday culture of practice activities typical of commercial design office operations. This study follows the progress of …

Can Regional Community Web Portals Become Sustainable? : The Albany Gateway : A Case Study, Gillian Sellar

Theses: Doctorates and Masters

Asking the question "can regional and community web portals become sustainable?" demands a foray into many different disciplines. Sociology, education, business, strategic and knowledge management, organisational theory, relationship management and current technological trends and capabilities are some of the areas on which community projects, such us the development of communities on-line, are founded.

An Investigation Into The Use Of Software Code Metrics In The Industrial Software Development Environment, Tim Littlefair

Theses: Doctorates and Masters

This work describes a project that investigates the use of software metrics based on measurement of source code in industrial software development. Literature is examined relating to considerations of quality in industry; to software engineering; to emergent technologies in the software industry including the object-oriented paradigm and software patterns; to software product and process metrics; and to cultural factors affecting workplaces in the software industry. It then expounds theoretical and practical work aimed at specifying, designing and implementing a source code analyzer for use in a typical industrial project setting. There is an explanation of the design and outcomes of …

Young Children's Collaborative Interactions In An Educational Computer Environment, Mohamad I. Shahrimin

Theses: Doctorates and Masters

This study investigated the collaborative interaction patterns exhibited by five-year old pre-primary children in an educational computer environment. The case study method was used in one pre-primary centre in metropolitan Perth, Western Australia, to examine the patterns of collaborative interaction among young children whilst engaged with the computer. The one event case study was of the interactions exhibited by pre-primary children whilst engaged, in dyads, with the computer within a naturalistic classroom environment. This study involved three phases of data collection. Phase I consisted of observations and videotaping sessions, compilation of written observations, narrative descriptions and relevant field notes on …

Genetic Variation And Disease In The Roma (Gypsies), David J. Gresham

Theses: Doctorates and Masters

The Roma (Gypsies) are a European people composed of a mosaic of culturally heterogeneous populations. Linguistic analyses point to their origins in the Indian subcontinent. Cultural diversity in extant Romani populations suggests that they are descended from a mixture of Indian populations. Previous population genetic studies of the Roma have supported this claim by demonstrating the genetic heterogeneity of Romani populations. More recently, medical genetic research has detected identical founder mutations in separated Romani populations, which provides evidence of their relatedness. In this thesis, the genetic heritage of the Roma and its significance for genetic disease and research is investigated. …

Uniform Accountancy Act And Uniform Accountancy Act Rules; Exposure Draft (American Institute Of Certified Public Accountants), 2001, November 11, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy

Association Sections, Divisions, Boards, Teams

No abstract provided.