Digital Commons Network^™

Crosby As Foreign Relations Law, Edward T. Swaine

GW Law Faculty Publications & Other Works

This brief essay addresses the Supreme Court's end-of-term decision in Crosby v. National Foreign Trade Council, which preempted Massachusetts's law limiting public procurement from companies doing business in Burma. The essay addresses the perception that Crosby was limited in its implications for foreign relations law, and explores the Court's minimalist approach to inescapably constitutional questions - concluding, in the end, that the Court made foreign relations law without professing to do so, and without fully appreciating its consequences or capitalizing on its benefits.

Telling A Less Suspicious Story: Notes Toward A Non-Skeptical Approach To Legal/Cultural Analysis, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In the generation of law and society research that emerged with the formation of the Law and Society Association, sociolegal scholars, building on the Legal Realist attack on formalism, told a story primarily about the possibility of social progress through law. Over the past two decades, however, sociolegal scholars have become increasingly disenchanted with the reformist project. These writers, influenced by Michel Foucault and other postmodern theorists, have begun to see law not as an instrument for dispensing justice, but as a constitutive societal force shaping social relations, constructing meaning, and defining categories of behavior. As part of the move …

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 …

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 …

Children's Interests And Information Disclosure: Who Provided The Egg And Sperm? Or Mommy, Where ( And Whom) Do I Come From?, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This essay focuses on the relationships between children, unknown donors, and biological parents. It argues that children deserve access to information about their biological pasts both when the donor's identity is known to the biological parent and when it is unknown. Once an adoption has been finalized or once known gamete donors have agreed not to assert parental rights, the donors should be unable to assert parental rights. But the finality of adoption or gamete provision (which includes eggs, sperm, or embryos) should not prevent the disclosure of information about the identity of biological parents and gamete providers to a …

The Proposition: An Insight Into Research, B I. Avan, F White

Community Health Sciences

Propositions form the basis for scientific research. The validity of a research study is, to a large extent, evaluated on the criteria of its propositions. For internal validity, study propositions provide information regarding precision of definitions, measurements, associations, confounding factors etc. that are considered in research. While for external validity, propositions form the premise for the deduction of inferences. The aim of this article is to help readers understand the propositions that are made in research. This article discusses those propositions, which are relevant to medical research.

From Cambodia To The United States: The Disassembly, Reconstruction, And Redefinition Of Khmer Identity, Denise Clark Lewis

University of Kentucky Master's Theses

In this thesis I describe Khmers' negotiations of circumstances surroundingthe disassembly, reconstruction, and redefinition of Khmer identity fromtheir homeland in Cambodia to a traditional Khmer village recreated in theUnited States. Using a framework derived from a constructivist perspective,I have placed processes of negotiation and identity transformation withinthe lived context of Khmers' lives. Thus, a holistic understanding of theinterrelatedness of multiple changes in Khmerness is made possible.Ethnographic data collected between 1997 and 1999, through participantobservationand interviews, inform this study. Findings from this studyreveal three levels of identity transformation as told by members of a smallKhmer village established along the U. S. …

Addressing Peer Mediation : Conflict Resolution In Schools, Amy Junkermeier

Graduate Research Papers

The purpose of this paper is to review existing literature and research on peer mediation ip schools. A critical review is necessary due to the increasing popularity of peer mediation programs despite limited empirical evidence to support their usage. Examining the strengths and weaknesses of previous research is an important part of establishing program effectiveness and overcoming barriers to successful implementation. A critique of the research and implications for future research are also provided.

Non-Technical Issues Involved In Moving A College Course From The Traditional Classroom To Cyberspace, Dixie L. Mercer

Graduate Research Papers

Advances in communication technologies have rapidly led to interest in the development of online learning programs. The value of these programs is beginning to be accepted as a way of providing an alternative delivery system to students in higher education whose work schedules, family issues, or geographical location make it impractical to attend regularly scheduled classes on a college campus.

Despite the potential of online learning, online instruction is not simply a traditional class gone digital. The teaching and learning processes of traditional classes needs to be reexamined for online classes, as the technology becomes more widespread. Educators need to …

Alternate Curriculum In Reading For Grade Four, Julie A. Schmit

Graduate Research Papers

Julie A. Schmit, a fourth grade teacher, specifically designed the two reading alternate units. These units were designed to provide challenging reading and learning experiences for talented and gifted students in grade four. These units provide challenging, above grade level materials and activities for the students whose reading, vocabulary, and language skills are advanced to such a degree that they would derive greater educational benefit from working with alternate materials.

Bridging The Gap Between Fiction And Nonfiction In The Literature Circle Setting, Deborah L. Stien

Graduate Research Papers

Third grade students experienced literature circles as part of balance literacy program. First, students learned about literature circles and its importance. After several fiction literature circle cycles, the classroom teacher bridged the gap between fiction and nonfiction in a literature circle setting. This allowed students read nonfiction and learn about a topic connected to their previous fiction read. Students were excited to read nonfiction and began choosing this genre on their own. They realized the power of learning that was available to them in nonfiction text.

Aicpa/Cica Webtrust Program : Practitioner Guidance On Scoping And Reporting Issues, January 1, 2001, American Institute Of Certified Public Accountants (Aicpa), Canadian Institute Of Chartered Accountants

AICPA Professional Standards

No abstract provided.

Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon

Scholarly Articles

No abstract provided.

Cavemen In Eden? Bernard Shaw And Mark Twain Offer Radical Revisions Of Genesis, Julie A. Sparks

Faculty Publications, English and Comparative Literature

No abstract provided.

The Tower Clock 2001, Tower Clock

Tower Clock Yearbooks

No abstract provided.

Human Rights From Paper To Practice: How Far Have We Come?, Gerald Robert Pace

Human Rights & Human Welfare

A review of The Power of Human Rights: International Norms and Domestic Change, edited by Thomas Risse, Steve C. Ropp, and Kathryn Sikkink. New York: Cambridge University Press (Cambridge Studies in International Relations, 66) 1999. 308pp.

The adoption of the Universal Declaration of Human Rights (UDHR) is now some fifty years behind us. Perhaps now is the time to focus less on which aspects of the political and private realms should fall under the domain of human rights, and more on the effect of the human rights discourse on the harmonization of state behavior. We presently live in a world …

Democratization And Human Rights: Affinity Or Tension?, Sharon Healey

Human Rights & Human Welfare

A review of Democratization and the Protection of Human Rights: Challenges and Contradictions, edited by Patricia J. Campbell and Kathleen Mahoney- Norris. Westport, CT: Praeger Publishers, 1998. 140pp.

Historically, studies on democracy and human rights have considered the two as unrelated issues, and where treated as related, many scholars have assumed a positive relationship between democracy, human rights and development. The contributors to Democratization and the Protection of Human Rights, Challenges and Contradictions examine and critique some of the popular conceptions about the relationship between democracy and human rights.

Now We Know About Pinochet, But Where Do We Go From Here?, Gerald Robert Pace

Human Rights & Human Welfare

A review of Chile Under Pinochet: Recovering the Truth. Philadelphia: University of Pennsylvania Press (Pennsylvania Studies in Human Rights), 1999. 296pp.

General Augusto Pinochet, who served as military and civil leader of Chile from 1973 until 1990, forged perhaps one of the most authoritarian regimes ever to govern in the Western Hemisphere. Spearheading the violent coup d’état that ousted socialist President Salvador Allende, Pinochet not only achieved power, but also created a personalistic dictatorship bolstered by a military run governmental bureaucracy to secure his rule. And indeed, this combination perpetuated Pinochet’s seventeen-year tenure.

Shaping Asylum: The Power Of Language, Teresa Tellechea

Human Rights & Human Welfare

A review of Arguing about Asylum: The Complexity of Refugee Debates in Europe by Niklaus Steiner. New York: St. Martin’s Press, 2000. 186pp.

It is June 1992. War has broken out in the Balkans. When we leave Madrid by car for the frontlines in Mostar, Bosnia-Herzegovina, Bosnians and Croats are defending themselves against Serbians. Our license plates begin with SA, the abbreviation for Salamanca, Spain, which is taken to mean Sarajevo, which is currently under siege. On the road to Mostar we are greeted as heroes having been able to escape from SArajevo, though we are two free-lance photographers from …

Universal Human Rights And Cultural Diversity, Hilde Hey

Human Rights & Human Welfare

A review of Human Rights: New Perspectives, New Realities, edited by Adamantia Pollis and Peter Schwab. Boulder, CO: Lynne Rienner, 2000. 259pp.

The debate as to whether human rights should be considered universal or culturally relative has come a long way. In 1947, when the Commission on Human Rights considered proposals for formulating a declaration on basic human rights, the American Anthropological Association submitted a statement expressing concern about the universality of the proposed declaration. The association’s main argument was that ideas about rights and wrongs and good and evil that exist in one society are incompatible with the ideas …

Assessing The Concept Of Human Rights In Africa, Paul J. Magnarella

Human Rights & Human Welfare

A review of Human Rights in Africa: The Conflict of Implementation by Richard Amoako Baah. Lanham, MD: University Press of America, 2000. 123pp.

The title of this book is somewhat more expansive than its contents. The author, a native Ghanaian who holds a Ph.D. from the University of Tennessee and teaches government at South Texas College, reports on an interesting study of human rights/human dignity conceptualizations among the Akan people of Ghana. The Akan constitute about 60% of Ghana’s 14 million people and consist of five major groups: Fanti, Ashanti, Akim, Brong, and Akwapim. A sizable Akan population also lives …

The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk

Articles

The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …

Source Selection Among Information Seekers: Ideals And Realities, David H. Michels, Heidi Julien

Articles, Book Chapters, & Popular Press

In a study examining the information behavior of 9 individuals over 10 weeks in daily life contexts, participants were asked to identify ideal sources of help for the questions and issues they faced. The data show how people’s expectation of the usefulness of information sources varies by the information seeker’s gender, and source characteristics such as accessibility, trustworthiness, and reliability. Usefulness of sources has both cognitive and affective aspects. Further, discrepancies between participants' stated ideals, and the sources actually used, are analyzed. The study results suggest ways to encourage use of formal information systems and services.

The Impact Of Training On The Attitudes Of Mental Health Professionals Toward Borderline Personality Disorder, Suzanne R. Fraser

Doctoral Dissertations

NA

Ethical Aspects Of Prenatal Genetic Diagnostics, Hille Haker

Theology: Faculty Publications and Other Works

Starting with some basic distinctions, i.e. the distinction between an ethics of human self-fulfilment ,of individual and social values and of virtues on one hand, and an ethics of individual rights, of obligation and of social justice on the other, this paper explores the manifold scenario of the problems of prenatal diagnosis with respect to these different aspects of ethical analysis. This is followed by a normative evaluation of the status of the human embryo, and by an elaboration of different adressees of responsibility in the field of biomedicine and, especially, of prenatal genetic diagnosis. The author comes to the …

Compassion As A Global Programme For Christianity, Hille Haker

Theology: Faculty Publications and Other Works

No abstract provided.

2001 Faculty Senate Meeting Minutes, Morehead State University. Faculty Senate.

Faculty Senate Records

Faculty Senate meeting minutes for 2001.

Using A Cognitive Prosthesis To Assist Foodservice Managerial Decision-Making, Andrew H. Feinstein, J. Martin, R. Ogawa

Office of the Provost Scholarship

No abstract provided.

A Universidade Da Companhia De Jesus À Luz Do Carisma Inaciano, Peter-Hans Kolvenbach

Ignatian Pedagogy Bibliography

No abstract provided.

What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus

Law Faculty Scholarship

No abstract provided.