Digital Commons Network^™

The Wto And The Rights Of The Individual, Steve Charnovitz

GW Law Faculty Publications & Other Works

The Marrakesh Agreement Establishing the World Trade Organization (WTO) is silent regarding its relationship to the individual. One might presume that an international organization set up to emancipate trade could have no purpose other than upholding trading rights of private actors. But the WTO was not established to achieve "free trade". That goal is absent from the Marrakesh Agreement. Instead, the goals of the Agreement are "reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade" and the "elimination of discriminatory treatment in international trade relations". The term "reciprocal arrangements" makes clear that …

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 Drug And Alcoholisn Distance Learning Training Project Proposal For Probation Officers With An Implementation And Evaluation Plan, Sam Pirozzi

Abraham S. Fischler College of Education ETD Archive

The purpose of this project was to provide a training alternative to assist in the drug and alcohol training program for probation officers. The product developed replicates the Biopsychosocial Model of Addiction Treatment and Behavioral Healthcare: A Linkage with the Criminal Justice System (BMAT) two-day workshop curriculum as an independent learning model.

There were seven research questions for this project. First, "What are the various methods of delivering instruction at a distance?" Second, "What are appropriate criteria for selecting a distance learning method for this project?" Third, "Which method identified best suits the criteria for curriculum delivery for probation officer …

Student Dress: Does Uniformity Equal Student Achievement?, Aaron G. Turpin

Abraham S. Fischler College of Education ETD Archive

This report describes a student uniform program that was implemented in a suburban Atlanta Grades 6-8 middle school. The goals of the program were to decrease the number of student disciplinary referrals, increase attendance, and increase academic achievement. Students followed the student uniform policy, or their parents chose to have them opt out of the dress code. Only 3% of parents chose the opt-out option.

This study utilized two control schools for comparison. Questionnaires assessed parent, teacher, and student perceptions on the effectiveness of school uniforms. Quantitative data were compiled on the impact uniforms had on the number of disciplinary …

Parents In Partnership With Children To Improve Student Readiness Skills, Glenda G. Miller

Abraham S. Fischler College of Education ETD Archive

In compliance with Goal 1 of Goals 2000: Educate America Act of 1994 (U.S. Department of Education, 2001), all children should enter school with all developmental skills in place, ready to learn. In the 2000-2001 school year, educators reported that a large majority of kindergartners continued to enter school with less than the expected chronological-age-level skills, and it is their anticipation that this goal will continue to be unmet. Partially due to the lack of agreement on what readiness constitutes and the lack of availability of programs that are designed to focus on appropriate developmental programs for preschoolers, children continue …

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 …

Reducing Disciplinary Referrals And Academic Failure Rate Of Seventh- And Eighth-Grade Students, Melad Smith Jr.

Abraham S. Fischler College of Education ETD Archive

This practicum addressed the excessive disciplinary referrals and the academic failure rate of 7th- and 8th-grade students of Charlton County High School in Folkston, Georgia. The data collected during the 1998-1999 and 1999-2000 school years served as the basis of this practicum. During the 1998-1999 school year, the 7th and 8th grades accounted for 46. 9% of all high school referrals, and an alarming 23. 5% of total students in 7th and 8th grade failed academic courses in social studies, math, science, and English. During the 1999-2000 school year, a preliminary investigation was implemented to curtail the academic and discipline …

The Development Of A Strategic Continuous Improvement Process Implementation Guide For The North Carolina Department Of Administration, George E. Millsaps Jr.

Abraham S. Fischler College of Education ETD Archive

The North Carolina Department of Administration (DOA) is under pressure by the North Carolina legislature and governor's office to increase both the quality of services provided, and decrease the cost of providing services. The pressure is on mission expansion, reduction in the number of positions, and limiting budgetary growth primarily to cost of living increases in salary.

The leadership of the department knows of no other reasonable way to respond to these pressures except through the implementation of continuous improvement or total quality management (TQM). However, the department has attempted to implement quality initiatives four times in the past with …

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 …

A Socio-Historical Study Of The Construction Of Knowledge In Secondary Media Education In Western Australia - Whose Knowledge?, Robyn Quin

Theses: Doctorates and Masters

This thesis investigates the history of the construction of knowledge in the school subject media studies using the Western Australian experience as the case for the study. It seeks to explain why the subject media studies looks and sounds the way it does today through the production of a genealogy of the subject. The problems addressed are first, why was this subject introduced into the curriculum in the 1970s. Secondly, how has the knowledge in the subject been defined and contested, how and why has it changed in the course of the subject’s history. Thirdly, which knowledge attains the status …

Privacy On The Internet : Investigation Into Corporate Privacy Policy Of Australian Large Private Sector Organisations On The Internet, Keiko Sato

Theses: Doctorates and Masters

The popularity of the Internet has been dramatically increased over recent years. The rapid growth of this technology and its international use has made it almost impossible to regulate the internet. As a result, the Internet has certainly provided freedoms to people and it has led to some abusing systems. Privacy is one of the major issues in the development of Electronic Commerce using the Internet. As an enormous amount of personal information is transmitted to several hosts connecting to the Internet, the information can be accessed by both authorised and unauthorised people. Although it is certain that there are …

Information Systems Development And Practice In Organisations In Sri Lanka : An In-Depth Case Study, Sunil G. Rajapaksege

Theses: Doctorates and Masters

This thesis describes an investigation of information systems development and practice in a privatised state owned enterprise (North-West Cement Company Limited or NWCL) in Sri Lanka between J95M-2000. The objectives of my study were: (1) to understand the approaches used by NWCL for information systems development; (2) to understand how these approaches relate to the organisational, socio-cultural, economic and political realities of organisations in Sri Lanka; (3) to outline a theory to better understand information systems development and practice for organisations in Sri Lanka; and (4) to make recommendations which could be used to improve information systems development and practice …

Small Business Owners' Measures Of Success, Elizabeth A. Walker

Theses: Doctorates and Masters

Small business plays a significant part in the economy of all nations because of its revenue contribution and as a generator of employment. In the Australian context, small businesses account for 85% of all businesses, employ 40% of the total workforce and contribute $75 billion annually to Industry Gross Product. All of these numerical indicators highlight the financial importance of small business, which is also how small business success has traditionally been measured. These traditional success measures have been by increases in financial performance criteria, such as return on investment, turnover or profit, or by increases in number of staff.

Influence Of Politics On The Budgeting Process : A Study Of The Fertiliser Manufacturing Industry In Indonesia, Akhmad Syakhroza

Theses: Doctorates and Masters

This study investigates the influence of politics on the budgeting process within the fertiliser manufacturing industry in Indonesia. Prior budgeting studies have focused on one of the following three theoretical frameworks - economic, psychological, and social. This study expands the research corpus by assessing the effect of politics on the budgeting process. The objectives of this study arc: (a) to investigate the effect of politics in the relationship between managerial roles and budgeting process – budgetary participation, budgetary communication, and budgetary control including budgetary monitoring and budgetary evaluation, and (b) to assess the impact of structural and individual power on …

History, Culture And Alcohol: Drinking Patterns In Poland And Australia, Barbara Wolska

Theses: Doctorates and Masters

It is a widely held view in Poland that for centuries those in power have promoted heavy drinking among their subjects in order to achieve their various goals and that this contributed to the development of Polish drinking patterns. There is some empirical evidence that the political economy of alcohol in Poland promoted heavy drinking among the Polish population. Drinking alcohol in Poland was an important aspect of social situations. The most popular beverage was vodka(s). Social pressure to drink in the extreme was attributed to the tradition of hospitality. Cultural norms encouraged very heavy drinking among men and imposed …

Accumulated Response In Live Improvised Dance Performance, Joanna T. Pollitt

Theses: Doctorates and Masters

The response project and accompanying thesis aim to affirm the role of the dancer as an authority in revealing patterns and traces of accumulated lived experience, knowledge and ideas through the practice and performance of dance improvisation. The dancing body is investigated as a dynamical and complex system of research that is embedded in a process of continual response to the present. These bodily inscriptions and the process of active response form the seminal grounds for the physical and energetic exchange of improvised dance in performance.

Statistical Multiplexing And Connection Admission Control In Atm Networks, Guoqiang Mao

Theses: Doctorates and Masters

Asynchronous Transfer Mode (ATM) technology is widely employed for the transport of network traffic, and has the potential to be the base technology for the next generation of global communications. Connection Admission Control (CAC) is the effective traffic control mechanism which is necessary in ATM networks in order to avoid possible congestion at each network node and to achieve the Quality-of-Service (QoS) requested by each connection. CAC determines whether or not the network should accept a new connection. A new connection will only be accepted if the network has sufficient resources to meet its QoS requirements without affecting the QoS …

A Framework For River Restoration Planning : Considering Conceptual And Structural Perspectives From Case Studies Of The Liao River In China And The Kalgan River In Australia, Ye Sun

Theses: Doctorates and Masters

Over the last decade, restoration ecology has been considered a new paradigm for dealing with many of the environmental problems of river systems. It is also recognized that management decisions have a greater chance of being successful if they are based on a thorough understanding of a concept or a plan. A review of current studies on river restoration and river restoration planning revealed that managers and scientists have put a substantial emphasis on ecological science and technology in restoration, while many sociopolitical and economic elements have been de-emphasized Besides this, understanding and experiences of river restoration, especially those of …