Digital Commons Network^™

The Donor Class: Campaign Finance, Democracy, And Participation, Spencer A. Overton

GW Law Faculty Publications & Other Works

This Article uses the U.S. Supreme Court's recent opinion in McConnell v. FEC to argue that the law should play a central role in reducing the impact of disparities in wealth on political participation. In upholding large parts of the Bipartisan Campaign Reform Act, the Court in McConnell acknowledged the adverse impact of concentrated wealth on widespread democratic participation and self-government. Even in the aftermath of the reforms upheld in McConnell, however, a small, wealthy and homogenous donor class continues to make relatively large contributions that fund the bulk of American politics. Less than one percent of the U.S. population …

The Tyranny Of Time: Vulnerable Children, Bad Mothers, And Statutory Deadlines In Parental Termination Proceedings, Catherine J. Ross

GW Law Faculty Publications & Other Works

This paper explores issues raised by the Adoption and Safe Families Act of 1997 (ASFA) and contends that the Act may have unwittingly harmed some children and mothers by creating a categorical imperative that a child's health and safety must be a paramount consideration in child welfare decisions. After discussing the reforms made by the Act, this paper analyzes hard cases, in particular cases involving substance abusing mothers and battered mothers, and concludes that in some instances children's interests in these cases might be better served by a flexible standard where the child asserts a claim to a continued relationship …

The Digital Person: Technology And Privacy In The Information Age (Introduction), Daniel J. Solove

GW Law Faculty Publications & Other Works

THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (ISBN: 0814798462) (NYU Press 2004) explores the social, political, and legal implications of the collection and use of personal information in computer databases. In the Information Age, our lives are documented in digital dossiers maintained by hundreds (perhaps thousands) of businesses and government agencies. These dossiers are composed of bits of our personal information, which when assembled together begin to paint a portrait of our personalities. The dossiers are increasingly used to make decisions about our lives - whether we get a loan, a mortgage, a license, or a job; …

Sexual Misconduct And Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper critically analyzes the possibility and structure of First Amendment defenses to actions, both private and public, arising out of sexual misconduct by members of the clergy. Part I traces the expansion of relevant theories of tort and criminal liability, and the waning of immunities, constitutional and statutory, that once applied to such actions. Part II of the paper advances a normative theory of the constitutional distinctiveness of religion, and ties that theory to the possibility of ecclesiastical immunity. Most conceptions of such immunity represent assertions of the liberty of religious organizations, and are grounded in the Constitution's Free …

Beyond Retribution And Impunity: Responding To War Crimes Of Sexual Violence, Naomi R. Cahn

GW Law Faculty Publications & Other Works

Beyond Retribution and Impunity: Responding to War Crimes of Sexual Violence articulates principles for an approach to gender-based violence during conflict and post-conflict that operates within three different meanings of justice: criminal/civil justice, restorative justice, and what I define as social services justice. The article argues that responses to sexual violence must integrate legal and nonlegal, national, international, and local approaches, and must respond to both short and longer-term needs. It focuses on victims of sexual violence in the Democratic Republic of the Congo during what has been called the First World War in Africa, which occurred from 1996-2003.

Joseph …

Transgovernmental Networks Vs. Democracy: The Case Of The European Information Privacy Network, Francesca Bignami

GW Law Faculty Publications & Other Works

Under the European Data Protection Directive, responsibility for implementation and enforcement is generally left to the member states. The exception is for transfers to third countries: a complex network of national regulators, the European Commission, and a transnational comitology committee are responsible for blocking or permitting transfers to countries without adequate privacy guarantees. This article reviews the operation of the network and then poses two questions, one causal and the other normative. First, what explains the pattern of delegation (and non-delegation) of powers to the network? Second, does the network allow for adequate participation rights and judicial review and for …

The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca Bignami

GW Law Faculty Publications & Other Works

This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …

Families And The Moral Economy Of Incarceration, Donald Braman

GW Law Faculty Publications & Other Works

This chapter examines the moral economy of incarceration from the perspective of one family. Derrick and Londa's story, neither one of flagrant injustice nor triumph against the odds, shows a family facing addiction, the criminal justice system's response to it, and the mixture of hardship and relief that incarceration brings to many families of drug offenders. Stories like theirs are almost entirely absent from current debates over incarceration rates and accountability. Indeed, the historical lack of the familial and community perspective of those most affected by incarceration can help to explain the willingness of states to accept mass-incarceration as a …

The Digital Person: Technology And Privacy In The Information Age, Daniel J. Solove

GW Law Faculty Publications & Other Works

This is the complete text of Daniel J. Solove's book, THE DIGITAL PERSON: TECHNOLOGY AND PRIVACY IN THE INFORMATION AGE (Full Text) (NYU Press 2004) explores the social, political, and legal implications of the collection and use of personal information in computer databases. In the Information Age, our lives are documented in digital dossiers maintained by hundreds (perhaps thousands) of businesses and government agencies. These dossiers are composed of bits of our personal information, which when assembled together begin to paint a portrait of our personalities. The dossiers are increasingly used to make decisions about our lives - whether we …

Faulkner's Wake: The Emergence Of Literary Oxford, John Louis Fuller

Honors Theses

The genesis of this project was a commercial I saw on television advertising the University of Mississippi. “Is it the words that capture a place, or the place that captures the words?” noted actor and Mississippi native Morgan Freeman asked. I had been confident in my knowledge of literary Oxford, but the commercial made me wonder just what had created this literary environment I took for granted. I set about my task dividing the culture into three realms of influence, the town and its history, the school and its academic authority, and Square Books and its economic influence. As I …

An Analysis Of Pascal Lamy's Proposal On Collective Preferences, Steve Charnovitz

GW Law Faculty Publications & Other Works

In September 2004, then-European Commissioner for Trade Pascal Lamy released his study on the political challenge of 'collective preferences' for the world trading system. Lamy defines 'collective preferences' as 'the end result of choices made by human communities that apply to the community as a whole'. The adoption of collective preferences by governments can complicate international trade when a good or service from an exporting country is not acceptable in an importing country. Collective preferences cause a problem for the WTO if the resulting measure violates WTO rules and yet the measure is too popular in the regulating country for …

The Appeal And Limits Of Internal Controls To Fight Fraud, Terrorism, Other Ills, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Congress responded in similar ways to 2001's major national crises: bolstering internal controls in corporate America under the Sarbanes-Oxley Act in response to Enron's debacle and imposing internal controls on its financial services industry under the USA PATRIOT Act in response to 9/11's terrorism. These reflexive legislative responses to national crisis fit a pattern of proliferating controls as a first-order policy option dating to the mid-1970s. Documenting this proliferation and untangling the definition of internal controls, this Article attributes the appeal of internal controls as a policy option to systemic forces including the movements for deregulation and cooperative compliance, resistance …

Choosing Gatekeepers: The Financial Statement Insurance Alternative To Auditor Liability, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Positioned in a lively current debate concerning how to design auditor incentives to optimize financial statement auditing, this Article presents the more ambitious financial statement insurance alternative. This breaks from the existing securities regulation framework to draw directly on insurance markets and law. Based on upon an evaluation of major structural and policy-related features of the concept, the assessment prescribes a framework to permit companies, on an experimental-basis and with investor approval, to use financial statement insurance as an optional alternative to the existing model of financial statement auditing backed by auditor liability.

The financial statement insurance concept, pioneered by …

Civic Renewal And The Regulation Of Non-Profits, Miriam Galston

GW Law Faculty Publications & Other Works

Civic Renewal and the Regulation of Non-profits analyzes four understandings of civic renewal, elaborated in the wake of Robert Putnam's book Bowling Alone, in light of the federal regulatory scheme imposed upon voluntary associations that qualify as "exempt organizations" under the Internal Revenue Code. These perspectives emphasize the primacy of one or more of the following as indispensable elements of civic health: (1) cooperation and effective collective action, (2) self-governance (3) equality and representative institutions, and (4) the moral character of the community or the public spiritedness of citizens. The study analyzes how the different assumptions and purposes of these …

Detection And Mapping Of Quantitative Trait Loci That Determine Responsiveness, Janet L. Mueller, E. A. Ellenberger, Linda K. Vaughn, John K. Belknap, Raymond M. Quock

Biomedical Sciences Faculty Research and Publications

Exposure to 70% N₂O evokes a robust antinociceptive effect in C57BL/6 (B6) but not in DBA/2 (D2) inbred mice. This study was conducted to identify quantitative trait loci (QTL) in the mouse genome that might determine responsiveness to N₂O. Offspring from the F₂ generation bred from B6 and D2 progenitors exhibited a broad range of responsiveness to N₂O antinociception as determined by the acetic acid-induced abdominal constriction test. QTL analysis was then used to dissect this continuous trait distribution into component loci, and to map them to broad chromosomal regions. To this end, …

Low-Frequency Surface Wave Propagation And The Viscoelastic Behavior Of Porcine Skin, Donald D. Duncan, Sean J. Kirkpatrick, Li Fang

Electrical and Computer Engineering Faculty Publications and Presentations

A physical model describing the propagation of lowfrequency surface waves in relation to the viscoelastic behavior of porcine skin is presented, along with a series of empirical studies testing the performance of the model. The model assumes that the skin behaves as a semi-infinite, locally isotropic, viscoelastic halfspace. While the assumption of a semi-infinite body is violated, this violation does not appear to have a significant impact on the performance of the model based on the empirical studies. 1-Hz surface waves in the skin propagate primarily as Rayleigh waves with a wavelength and velocity of approximately 3 m and 3.0 …

Faculty Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman

Minnesota Journal of Law, Science & Technology

No abstract provided.

Finding Cures For Tropical Diseases: Is Open Source The Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Intellectual Property Rights For The Public Good: Obligations Of U.S. Universities To Developing Countries, Ronald L. Phillips

Minnesota Journal of Law, Science & Technology

No abstract provided.

What Role For Humanitarian Intellectual Property? The Globalization Of Intellectual Property Rights, Susan Sell

Minnesota Journal of Law, Science & Technology

No abstract provided.

Creating, Protecting, And Using Crop Biotechnologies Worldwide In An Era Of Intellectual Property, Philip Pardey, Bonwoo Koo, Carol Nottenburg

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Impact Of Intellectual Property On Nonprofit Research Institutions And The Developing Countries They Serve, Ronald P. Cantrell, Gene P. Hettel, Gerard F. Barry, Ruaraidh Sackville Hamilton

Minnesota Journal of Law, Science & Technology

No abstract provided.

Biotechnology Patents And African Food Security: Aligning America's Patent Policies And International Development Interests, Michael Taylor, Dr. Jerry Cayford Phd

Minnesota Journal of Law, Science & Technology

No abstract provided.

Toward Facilitating Access To Patented Research Tools, Wendy Thai

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Salmon Hatchery Myth: When Bad Policy Happens To Good Science, Melanie Kleiss

Minnesota Journal of Law, Science & Technology

No abstract provided.

A Generic Approach To Supporting The Management Of Computerised Clinical Guidelines And Protocols, Kudakwashe Dube

Doctoral

Clinical guidelines or protocols (CGPs) are statements that are systematically developed for the purpose of guiding the clinician and the patient in making decisions about appropriate healthcare for specific clinical problems. Using CGPs is one of the most effective and proven ways to attaining improved quality, optimised resource utilisation, cost containment and reduced variation in healthcare practice. CGPs exist mainly as paper-based natural language statements, but are increasingly being computerised. Supporting computerised CGPs in a healthcare environment so that they are incorporated into the routine used daily by clinicians is complex and presents major information management challenges. This thesis contends …

Assessment Of Obesity And Fear Of Fatness Among Inner-City Dublin Schoolchildren In A One-Year-Follow-Up Study, Anne Griffin, Katherine Younger, Mary Flynn

Articles

Background: Positive secular trends in adolescent obesity and an increased prevalence of fear of fatness, particularly among girls, have been documented world-wide. There is a lack of consensus about assessment criteria for childhood obesity and no standard exists for assessing Irish children. In 1990, the Irish National Nutrition Survey used body mass index (BMI) $26 kgm22 to describe the prevalence of overweight among Irish adolescents.

Objectives: (1) To examine the range in classification of Dublin schoolchildren as overweight according to four standard assessment methods; (2) to assess changes in weight status, prevalence of fear of fatness and accompanying slimming practices …

Battling From The Bottom Up: The Alleviation Of Violence Against Women By The Non-Governmental Sector In South Africa, Shane Julia Richardson

Honors Theses

This thesis seeks to examine the work of the Non-Governmental sector in alleviating violence against women in South Africa. The first chapter analyzes VAW in two time periods—1948-1994 and the post-Apartheid era, 1994-2002. The second chapter provides an overview of the roles and methodology of NGOs in post-Apartheid South Africa and presents a list of strategies that an effective NGO must employ. Finally, Chapter 3 is a case study of POWA (People Opposing Women Abuse), a Johannesburg-based VAW NGO. The case study uses the strategies and typology laid out in Chapter 2 to evaluate the work of POWA. The researcher …

Muscle Fatigue And The Mechanisms For Task Failure, Sandra K. Hunter, Jacques Duchateau, Roger M. Enoka

Exercise Science Faculty Research and Publications

An alternative approach in the study of muscle fatigue is to address the question, “What causes task failure during a fatiguing contraction?” This approach is described by considering how variation in the type of load supported and contraction intensity influence both the time to task failure and the centrally mediated adjustments in reflex activity and motor unit behavior