Digital Commons Network^™

Picturing A Postcolonial Australia : Breaking The 'White' Norm In Contemporary Creative Practice, Rebekah Rousi

Theses : Honours

This dissertation is about addressing social issues relating to colonial encounters from the perspective of a 'White' colonial Australian artist. The discussion seeks to address representational imbalances which occur within image construction as the result of a history of Imperial investment in defining the 'civilised Self against the non-European 'primitive Other' (Said, 1978). The label 'White' is analysed in terms of its contradictions and generalisations, where it is linked to a culturally assumed 'Self' positioning of human centrality and neutrality. This centrality (humanity) was used by Imperialists to justify reasoning behind colonial expansion. The thriving mechanisms of Euro-centric perception are …

Clutch, Claire Canham

Theses : Honours

The research encompasses an analysis of Paradigms of practice, material as content, historical precedents, social and political conditions relative to the project themes and corresponding theoretical discourse. It reflects issues of domesticity and familial relationships, memory, narrative and the use of specific materials and methods sympathetic to these concerns. Aspects of the practices of Eva Hesse and Marcel Duchamp have been considered to contextualise and differentiate the creative work. The research also attempts to define and position the artworks through relative critical evaluation of contemporary art practices.

Sox In The Boardroom: The Impact Of Sarbanes-Oxley 2002 On The Corporate Reporting Of The Fortune Fifty, Angela Boedeker

Presidential Scholars Theses (1990 – 2006)

When I began this research project I believed that I would find some major differences in reporting between the 2001 and 2002 financial reports of major corporations. My research question was, "What was the impact of the Sarbanes-Oxley Act of 2002 on the corporate reporting of the top 50 corporations in America as identified by Fortune magazine." Each year Fortune magazine lists the top 500 public corporations in American with the rankings based upon revenues. The results of the 2001 financial reports of these corporations led to the 2002 listing in the magazine; the results of the 2002 financial reports …

Rules-Based Vs. Principles-Based Accounting Standards: Analyzing The Impact Of Amending Apb No. 18 To A Principles-Based Standard, Jodi E. Ferring

Presidential Scholars Theses (1990 – 2006)

In the above analysis I considered the impact of amending APB No. 18 to a principles-based standard upon implementation, accounting objectives, and management manipulation. The analysis has uncovered both positive and negative aspects to a change in the accounting standards setting process. Implementation would be more costly and require more resources due to applying judgment instead of objective tests. Accounting objectives of comparability and reliability could arguably be improved assuming implementation is accurate. Principles-based accounting standards would not significantly improve consistency. Management structuring of transactions could be decreased assuming accurate implementation. The analysis has discovered that the potential success of …

Beyond Bakke: Grutter-Gratz And The Promise Of Brown, Joel K. Goldstein

All Faculty Scholarship

The Supreme Court’s long-awaited decisions this past summer in the Michigan affirmative action cases provided yet another landmark in the continuing controversy regarding race and education. A quarter century, almost to the day, after the Court handed down its badly splintered decision in Regents of the University of California v. Bakke,[1] the Court again concluded that universities may sometimes, but not always, give some preference to racial and ethnic minorities in deciding whom to admit. The Court, in a 5-4 decision in Grutter v. Bollinger, upheld the constitutionality of the University of Michigan Law School’s admission policy that considered race …

Whistling In The Dark? Corporate Fraud, Whistleblowers, And The Implications Of The Sarbanes-Oxley Act For Employment Law, Miriam A. Cherry

All Faculty Scholarship

Passed in 2002 in the wake of the accounting scandals that resulted in billions of dollars of lost value to shareholders, the Sarbanes-Oxley Act has as its major goal the prevention of corporate corruption. This Article analyzes the impact of Section 806, the portion of the Sarbanes-Oxley Act that provides protections for employees who report securities fraud, and describes the effect that Sarbanes-Oxley has on existing employment law. In addition, this Article contributes to the debate over the general effectiveness of the Sarbanes-Oxley Act, a topic of contention among both academics and press commentators. This Article argues that the Act …

116th Annual Meeting Of The Iowa Academy Of Science [Program, 2004], Iowa Academy Of Science

Iowa Academy of Science Documents

Contents:

Notes Page --- 3
Friday Program Summary --- 4
Senior Academy Poster Presentation Titles --- 5
General Session Speakers --- 7
Symposia Programs --- 8
Saturday Program Summary --- 9
Section Meeting Programs (Alphabetical by Section) --- 9
2004 Awards --- 14
Abstracts (by Section) --- 15
Author Index --- 42

So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports

Faculty Scholarship

Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …

The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responbilility-Entrapment Debate, Katrice Bridges Copeland

Faculty Scholarship

This Note argues that Section 3E1.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3E1.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …

Turning The Endangered Species Act Inside Out, Jud Mathews

Faculty Scholarship

Within a week, both the Fifth and D.C. Circuits upheld the takings prohibitions of the Endangered Species Act (ESA) of 1973, as applied to species found only in single states, against Commerce Clause challenges. Both cases reach the same result, but the legal analysis used to get there could hardly be more different. In GDF Realty, the Fifth Circuit found the requisite "substantial impact" on commerce by treating the species themselves as commodities and aggregating the economic impact of all endangered species "takings". The D.C. Circuit, by contrast, held in Rancho Viejo that the true object of ESA regulation …

The Occ's Preemption Rules Exceed The Agency's Authority And Present A Serious Threat To The Dual Banking System And Consumer Protection, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

In January 2004, the Office of the Comptroller of the Currency (OCC) issued new regulations that are intended to preempt a broad range of state laws from applying to national banks and their operating subsidiaries. The OCC's rules declare that state laws are preempted if they obstruct, impair, or condition a national bank's ability to fully exercise its federally-authorized powers, either directly or through operating subsidiaries. According to the OCC, state laws apply to national banks only to the extent that state laws provide the legal infrastructure that makes it practicable for national banks to do business. The OCC's new …

Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

In this article, I scrutinize Congress's recent efforts to regulate access to sexually-themed Internet speech. The first such effort, embodied in the Communications Decency Act, failed to take into account the Supreme Court's carefully-honed obscenity and obscenity-for-minors jurisprudence. The second, embodied in the Child Online Protection Act, attended carefully to Supreme Court precedent, but failed to account for the geographic variability in definitions of obscene speech. Finally, the recently-enacted Children's Internet Protection Act apparently remedies the constitutional deficiencies identified in these two prior legislative efforts, but runs the risk of being implemented in a manner that fails to protect either …

Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

As my contribution to a symposium, I was asked to identify and to discuss conflicts between environmental regulation and pursuit of the goals of national energy policy. I identify three contexts in which I see clear conflicts between environmental regulation and energy policy - gasoline production, importation of liquefied natural gas, and transmission of electricity. In each case, I conclude that the conflict is attributable to state and local regulations. In the case of the gasoline market, I conclude that the market is beginning to perform poorly because of a combination of state land use regulations that make it impossible …

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 …

Political Questions And Political Remedies, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

Defenders of the political question doctrine sometimes observe that the lack of a judicial remedy for a constitutional violation does not deprive injured parties of all remedy, because injured parties can pursue a political or an electoral remedy - they can seek relief at the ballot box or in the political process. This essay criticizes that argument. Political and electoral remedies for constitutional violations are ineffective for important practical and theoretical reasons that grow out of the different structures of the judicial, political, and electoral processes. The judicial process focuses each case on a particular issue; candidates in elections always …

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; …

Hiv/Aids Related Stigma In Sub-Saharan Africa: Context And Consequences, Chinyelu B. Okafor, Barbara Holder

International Journal of Global Health and Health Disparities

While HIV infection has been a worldwide epidemic, minority and poor rural groups the world over have been disproportionately affected by the disease. People of color have been most affected, particularly in rural areas of sub-Saharan Africa and the United States. HIV/AIDS is a highly stigmatized disease, and the stigma attached to the disease has fed into, and in many ways strengthened, pre-existing stigma and prejudice against certain groups in the society. This paper gives an analysis of factors that create and sustain such stigma in rural communities, with particular reference to Nigeria, which is Africa's most populous country. The …

Is There A Market For A Multicultural Bridal Magazine In The U.S.?, Delores Dalrymple-Williams

Seton Hall University Dissertations and Theses (ETDs)

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Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson

Canadian Journal of Law and Technology

As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling …

Les Consommateurs Et Les Clubs Vidéo Ont-Ils Le Droit De Modifier Les Films À Leur Guise?, René Pépin

Canadian Journal of Law and Technology

Dans un premier temps, nous voulons étudier le litige en cours. Même si aucune décision sur le fond n’est susceptible d’être rendue à court terme, nous pouvons scruter les prétentions des parties et voir l’état du droit aux États-Unis sur ce sujet. Nous examinerons ensuite comment cette problématique serait traitée au Canada.

Et c’est ici que la question soulevée dans le litige revêt tout son intérêt, car elle met en jeu des notions fonda- mentales en matière de droit d’auteur. On devra ainsi se demander si le fait pour une personne ou une entreprise de retrancher des séquences représentant quelques …

Advances In The Geology Of The Tobacco Root Mountains, Montana, And Their Implications For The History Of The Northern Wyoming Province, Tekla A. Harms, John B. Brady, H. Robert Burger, John T. Cheney

Geosciences: Faculty Publications

Integrated studies by Keck Geology Consortium participants have generated many new insights into the Precambrian geology of the Tobacco Root Mountains. We have clarified the tectonic setting and origin of two suites of metamorphic rocks: (1) a quartzofeldspathic gneiss complex with associated metasupracrustal rocks (the combined Indian Creek and Pony–Middle Mountain Metamorphic Suites) that originated in a continental arc setting between 3.35 and 3.2 Ga with subsequent sedimentation and (2) mafic metavolcanic rocks with intercalated metasedimentary rocks (the Spuhler Peak Metamorphic Suite) from a suprasubduction zone ophiolite or backarc basin possibly of Proterozoic age. A poorly preserved metamorphic event at …

Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger

Faculty Scholarship

Thirty-four US states currently require pregnant minors either to notify their parents or get their consent before having a legal abortion. The Supreme Court has upheld the constitutionality of theses statutes provided that minors are also given an alternative mechanism for abortion approval that does not involve parents. The mechanism used is the 'judicial bypass hearing' at which minors persuade judges that they are mature and informed enough to make the abortion decision themselves. While most minors receive judicial approval, the hearings intrude into the most personal aspects of a young woman's life. The hearings, while formally civil in nature, …

Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Key Lessons The Iraqi Special Tribunal Can Learn From The Icty, Ictr, And Scsl, Ahran Kang

War Crimes Memoranda

No abstract provided.

According To The Special Court Statute, What Are The Elements Of The Following Crimes: A) Collective Punishment; (Art. 3b) B) Terrorism; (Art. 3d), Marissa R. Ducca

War Crimes Memoranda

No abstract provided.

At The Trial Of An Accused Person, Whether The Fact That A Judge Has Written Critically About That Accused Before He Came To Be Appointed As Judge Impugns The Competence, Independence And Impartiality Of The Tribunal Of Which That Judge Forms A Part, Gregory D. Metrick

War Crimes Memoranda

No abstract provided.

Did The Plenary Have The Power To Adopt Rule 11bis?, Vivian M. Hermiz

War Crimes Memoranda

No abstract provided.

Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman

War Crimes Memoranda

No abstract provided.

Does The Conspiracy Charge On Our Current Charge Sheet For Hamdan Constitute A War Crime Of Other Crime Triable By Military Commission?, Pallavi Chintapalli

War Crimes Memoranda

No abstract provided.

Forced Marriage As A Prosecutable Crime Against Humanity, Suzanne D. Mattler

War Crimes Memoranda

No abstract provided.