Digital Commons Network^™

Revitalizing The Forgotten Uniformity Constraint On The Commerce Power, Thomas Colby

GW Law Faculty Publications & Other Works

Employing a straightforward textual reading of the Commerce Clause, which, unlike various other constitutional clauses, does not expressly mandate uniform regulation, the Supreme Court has recently declared that Congress is free to enact commercial regulations that apply in some states, but not in others, or that explicitly treat some states differently than others. This Article seeks to call that conclusion into question, and in the course of doing so, to explore the proper roles of history and text in constitutional decisionmaking.

From a historical perspective, the desire for uniformity was both the precipitating factor in the creation of the federal …

The Labor Movement Needs A Twenty-First Century Committee For Industrial Organization, Charles B. Craver

GW Law Faculty Publications & Other Works

Following the enactment of the NLRA in 1935, American Federation of Labor craft unions had difficulty organizing persons employed in manufacturing industries since most failed to fit within the jurisdictions of particular unions. The AFL formed the Committee for Industrial Organization to determine how best to organize these workers, and this Committee ultimately withdrew from the AFL and formed the Congress of Industrial Organizations. The CIO unions quickly organized the industrial workers in the steel, automobile, electrical manufacturing, and rubber industries. By the late 1950s, 35 percent of private sector employees were union members. As the United States economy began …

Lessons For Competition Policy From The Vitamins Cartel, William E. Kovacic

GW Law Faculty Publications & Other Works

Mergers have the potential for negative social welfare consequences from increased likelihood or effectiveness of future collusion. This raises the question of whether there are meaningful thresholds for the post-merger industry that should trigger significant scrutiny by the Department of Justice or Federal Trade Commission. This paper provides empirical analysis relevant to this question. The data does not come from an industry in which there were mergers, but instead from an industry in which explicit collusion was admittedly rampant in the 1990's, the Vitamins Industry. Different vitamin products are produced by different numbers of firms, and for different vitamin products, …

Towards A Cosmopolitan Vision Of Conflict Of Laws: Redefining Governmental Interests In A Global Era, Paul Schiff Berman

GW Law Faculty Publications & Other Works

It has now been ten years since the idea of global online communication first entered the popular consciousness. And while the internet has undoubtedly opened up new worlds of interaction and cooperation across borders, this increased transnational activity has also at times inspired parochialism, at least among the legislatures and courts of nation-states around the globe. Such assertions of national authority have helped to reawaken scholarly interest in the classic triumvirate of topics historically grouped together under the rubric of conflicts of laws: jurisdiction, choice of law, and recognition of judgments.

In a previous article, I argued that territorially-based conceptions …

Gender, Race, And Risk Perception: The Influence Of Cultural Status Anxiety, Donald Braman, Dan M. Kahan, John Gastil, Paul Stovic, C.K. Mertz

GW Law Faculty Publications & Other Works

Why do white men fear various risks less than women and minorities? Known as the white male effect, this pattern is well documented but poorly understood. This paper proposes a new explanation: cultural status anxiety. The cultural theory of risk posits that individuals selectively credit and dismiss asserted dangers in a manner supportive of their preferred form of social organization. This dynamic, it is hypothesized, drives the white male effect, which reflects the risk skepticism that hierarchical and individualistic white males display when activities integral to their status are challenged as harmful. The paper presents the results of an 1800-person …

Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca Bignami

GW Law Faculty Publications & Other Works

Over the past decade, international economic organizations have come under attack as illegitimate and oppressive. The remedy, according to the critics, is civil society: non-state associations should have a right to participate in the policymaking activities of international organizations. But the moral grounds for giving civil society such a central role in global governance, together with the ramifications of those moral grounds for organizational reform in the international arena, have not yet been systematically analyzed. Why are associations outside the state better placed than trained, career civil servants and elected politicians to decide on international aid, the regulatory pre-requisites for …

Uncitral Model Law: Reforming Electronic Procurement, Reverse Auctions, And Framework Contracts, Christopher R. Yukins, Don Wallace Jr., Jason P. Matechak

GW Law Faculty Publications & Other Works

A Working Group of the United Nations Commission on International Trade Law (UNCITRAL) is working on potential reforms to UNCITRAL's Model Procurement Law and its Guide to Enactment. This article, written by several advisors to the U.S. delegation to the UNCITRAL Working Group, reviews the Working Group's progress on several important fronts. The Working Group has reached initial consensus on a number of difficult procurement issues, including electronic commerce, reverse auctions and framework contracts, and significant progress has been made in a number or other areas, including the procurement of services, the strengthening of procurement remedies (known in the United …

Uncitral Considers Electronic Reverse Auctions, As Comparative Public Procurement Comes Of Age In The U.S., Christopher R. Yukins, Don Wallace Jr.

GW Law Faculty Publications & Other Works

This article reports on the United Nations Commission on International Trade Law (UNCITRAL) review of electronic reverse auctions in procurement systems around the world. The article describes the U.S. experience, including the stalled regulatory initiative regarding reverse auctions. Drawing on the literature and on UNCITRAL studies from procurement systems in Asia, Europe and Latin America, the article cites lessons from other nations' use of reverse auctions. In particular, the article discusses the European Union's new rule on reverse auctions, which is probably the best example, worldwide, of a careful attempt to regulate reverse auctions. The article discusses traditional questions in …

Issues Of English Language Proficiency For International Students, Patricia Dooey

Theses: Doctorates and Masters

In the last 20 years or so, there has been a phenomenal increase in the number of international full-fee paying students applying to study in Australian universities, The revenue provided in this way has helped to address the problems faced by cash-starved universities facing recurring funding cuts over the same period. Furthermore, the presence of such students on any university campus provides immeasurable enrichment to the student body in terms of cultural diversity and research potential, and indeed it is very tempting in an ever,-increasing global market, to be as flexible as possible with prospective international students. However, the process …

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The rudimentary principle that a contract is only concluded upon the unconditional acceptance of an offer was applied in Koon Seng Construction Pte Ltd v Siem Seng Hing & Co (Pte) Ltd [2005] SGHC 8, where the alleged contract failed in the absence of an unqualified acceptance.

Future Job Prospects In Singapore, Hian Teck Hoon

Research Collection School Of Economics

What forces have shaped our nation’s employment and remuneration record so far? Where is Singapore’s unemployment rate headed? What should policy-makers do about it? These are the questions tackled in this paper.

The Quest For A Formula : Parliamentary Remuneration In Western Australia, Michael J. Britton

Theses: Doctorates and Masters

The Western Australian Payment of Members Act 1900 was promulgated upon two tenets, namely, that Members of Parliament should be compensated for their services to society and that other Australian colonies were already receiving some form of compensation. The premise stipulated that all people, regardless of economic background should be given an opportunity to fulfil the honourable duly of a Representative. Remuneration in this thesis covers the minimalist advent of Parliamentary Remuneration whereby Mrs were compensated by way of a basic salary to the current multifaceted Parliamentary Remuneration which encompasses various structures, processes and is often overarched by complicated determinative …

Creating A Creative University, Robert Ely

Theses: Doctorates and Masters

The research focuses on an auto-ethnographic case study of the creation of a new university specialising in creativity in Singapore between 2003 and 2005. The author is the President and CEO of that institution and the Vice Chancellor designate of the University of the Arts Singapore (UARTS@). Through the personal application of knowledge and documentary research, the context for the study is explored, together with the conceptual framework within which it will operate.

Some of the social, economic and political issues are described, as they relate to the Singapore Education System, drawing direct comparison with the two systems from which …

The Implementation Of Knowledge-Focused Practices In International Tourist Hotels : A Quantitative Study Of Knowledge Sharing, Jen-Te Yang

Theses: Doctorates and Masters

The purpose of this study is to investigate knowledge sharing and leveraging of the flow of knowledge in international tourist hotels In Taiwan. It explores how, employees' competencies for and attitudes towards learning, sharing and storing knowledge influence organisational knowledge sharing. In addition, it examines the extent to which social interaction, leadership styles and organizational culture affect knowledge sharing. A further aim of the study is to explore whether knowledge sharing makes a significant contribution to organizational learning and organizational effectiveness.

A Comparative Investigation Of Longevity And Morbidity In Angelman Syndrome And Prader-Willi Syndrome, Allyson K. Thomson

Theses: Doctorates and Masters

The present study examined the life histories of individuals In Western Australia with a diagnosis of Angelman or Prader-Willi syndrome. Angelman and Prader_Willi syndrome, are phenoypically diverse disorders both of which result from the failure of imprinting at the chrl5qll-q13 locus. In most cases, loss of the maternal imprint from the region leads to Angelman syndrome, while lack of a paternal pattern results in Prader-WilIi syndrome. Between 4-14% of Angelman cases have a mutation in a single gene, UBE3A.

Suburbia : A Postmodern Artistic Investigation And An Examination Of How Postmodern Approaches Can Be Effectively Adopted In The Context Of The New Western Australian Post-Compulsory Visual Arts Course Of Study, Lisa Young

Theses: Doctorates and Masters

In 2007, Western Australia art educators will be required to teach a new post-compulsory visual arts curriculum. This course written in a postmodern context, will need a paradigm shift in approach. As a visual arts educator and a visual artist working in a contemporary context what are valid and effective methods of creatively investigating the postmodern world? How can postmodern themes be taught and strategies employed effectively and with integrity in a visual arts curriculum? What are effective and valid approaches to teaching visual arts in the context of the post-complusory Visual Arts Course of Study?

Communicating Effectively Across The Cultural Barrier : A Cross-Cultural Study Of The Sydney And Atlanta Hotel Industries, Danielle Lacey

Theses: Doctorates and Masters

This study aimed to look at the importance of cultural awareness across the hospitality industry as a whole and the industry's response to this issue. The research set out three hypotheses based on one main research question. The research question postulated was: What guest services are Sydney and Atlanta hoteliers providing to meet the needs of guests from different cultural backgrounds? The research was carried out using a descriptive qualitative research design, additionally a cross-sectional time frame was used. The research was conducted within the hotel population in Atlanta, Georgia, United States of America, and in Sydney, New South Wales. …

Living Beyond The Unanticipated Sudden Death Of A Partner : A Phenomenological Study, Martin L. Rodger

Theses: Doctorates and Masters

This research project used a Husserlian phenomenologlcal approach to explore grief and Its Impact upon men and women who have experienced the sudden and unanticipated death of his or her partner. The use of Husserllan phenomenologlcal research Into thanatologlcal study Is a valuable method of exposing the experiences of bereaved people In a vibrant and deep manner. Husserlian phenomenology allowed the surviving partner to reveal every aspect of his or her everyday life and experlencas. It Included what grief meant to them, how It was manifested In their everyday lives and how their partner's death had Impacted upon his or …

Responding To Localised Prostate Cancer : Lifeworld Reconstruction During The First Post-Diagnostic Year, David P. Wall

Theses: Doctorates and Masters

This thesis investigated the experiences of men diagnosed with localised prostate cancer, as they reconstructed their lifeworlds during the first post-diagnostic year. With the exception of health related quality of life, a review of the psychosocial research literature revealed few studies that, explored the psychosocial experience of men diagnosed with localised prostate cancer. Furthermore, the review uncovered no studies that explored the process of Iifeworld reconstruction, and only three studies that considered the role of masculinity in the responses of men to the prostate cancer experience. Such a limited understanding, about the nature and process of lifeworld reconstruction, potentially compromises …

In Search Of Possibilities : Informal Responding To Domestic Violence, Marilyn Palmer

Theses: Doctorates and Masters

This thesis is based on a feminist ethnography. designed to explore how we as members of informal networks (family, social,,student/work and neighbourhood networks) can respond usefully where there is domestic violence. Here, domestic violence refers to violence against women by their intimate partners and I have filtered the various discourses which seek to explain domestic violence through the lens of a feminist ecological model. The inquiry process has been informed by a postmodem feminism. Non-foundationalist ideas about knowledge have influenced the gathering, interpretatation and representation of the research data. The ideas which emanate from the stady have been informed by …

Survivability Through Pre-Configured Protection In Optical Mesh Networks, Quoc V. Phung

Theses: Doctorates and Masters

Network survivability is a very important issue, especially in optical networks that carry huge amount of traffic. Network failures which may be caused by human errors, malfunctional systems and natural disaster (eg. Earthquakes and lightening storms), have occurred quite frequently and sometimes with unpredictable consequences. Survivability is defined as the ability of the network to maintain the continuity of service against failures of network components. Pre-configuration and dynamic restoration are two schemes for network survivability. For each scheme, survivability algorithms can be applied at either Optical Channel sublayer (Och) known as link-based. Or, Optical Multiplex Section sublayer (OMS) known as …

The Impact Of Events In The Immediate Aftermath Of Suicide On Family Members' Bereavement Experiences, Kelly J. Botha

Theses: Doctorates and Masters

Suicide remains a leading cause of death in Australia. Consequently, a considerable proportion of the population is, or will be, bereaved due to suicide. These individuals are referred to as survivors of suicide. Literature suggests bereavement is a significant risk factor for adverse health outcomes. The question of whether or not bereavement after suicide, as opposed to other modes of death, renders individuals more susceptible to enduring and complicated grief reactions remains unclear. Numerous key variables have been found to influence the nature, intensity and duration of the grief process. Variables that are likely to be associated with poor bereavement …

A Study Of Intercultural Discourse Between Mainland Chinese Speakers Of English And Anglo-Australians, Leng Hui

Theses: Doctorates and Masters

Intercultural communication between mainland Chinese speakers of English and Anglo-Australians is receiving ever-increasing attention in many fields. These fields include intercultural communication. English language teaching, education and business. This study approached the intercultural communication between mainland Chinese speakers of English and Anglo-Australians from a cognitive perspective by applying the theoretical framework of cultural linguistics. The intercultural discourse produced by mainland Chinese speakers of English in the context of them interacting with Anglo-Australians was analysed. The analysis was made by employing key concepts such as schemas, cultural schemas, discourse scenarios and discourse indexicals. A body of 39 audio-taped conversations between mainland …

Analysis Of Job-Training Effects On Korean Women, Myoung-Jae Lee, S. J. Lee

Research Collection School Of Economics

We analyse job-training effects on Korean women for the period January 1999 to March 2000, using a large data set of size about 52,000. We employ a number of estimation techniques: Weibull MLE and accelerated failure time approach, which are both parametric; Cox partial likelihood estimator, which is semiparametric; and two pair-matching estimators, which are in essence nonparametric. All of these methods gave the common conclusion that job training for Korean women increased their unemployment duration. The trainings were not cost-effective in the sense that they took too much time 'locking in' the trainees during the training span, compared with …

Future Job Prospects In Singapore, Hian Teck Hoon

Research Collection School Of Economics

No abstract provided.

The Relationship Between Corporate Social Performance And Financial Asset Characteristics, Ingebjørg Kristoffersen

Theses: Doctorates and Masters

This thesis explores the theoretical and empirical evidence for a relationship between corporate social performance (CSP) and financial characteristics. An empirical analysis is performed to examine the Australian evidence for such a relationship, from a financial asset perspective. CSP data provided by Corporate Monitor Pty. Ltd. are used in the analysis. Specifically, available measures of environmental, social and governance performance of 237 Australian companies are compared with selected financial asset characteristics, including firm size, book-to-market value, financial performance and risk, covering the period between July 1997 and August 2003. Evidence of relationships is sought using bivariate correlations, group comparisons and …

Children And Healthy Eating: A Global, Policy And School Curriculum Perspective, Erica Logan

Theses: Doctorates and Masters

Healthy eating is a topic most people would consider they have an understanding of, yet it is an area which is not often addressed from a critical perspective. Healthy eating is freely discussed in society. It is a dominant discourse used commercially and frequently appears in educational 'texts', however the discourses surrounding healthy eating for children are not well analysed and are most often controlled by the media and often not challenged. A critical perspective to children's eating is adopted for this portfolio and multiple perspectives bought to bare regarding the globalisation of food cultures, and governance and policy influences …

The Role Of The Artist At The Beginning Of The Twenty-First Century: An Exploration Of Dialectical Processes In Art And Science With Particular Reference To Biologically Based Art, Judith D. Roche

Theses: Doctorates and Masters

This thesis examines the role of the artist at the beginning of the twenty-first century. It focuses on the interaction between art and science in an exploration of the dialectical processes that may occur in that interaction. Researchers have recently developed techniques in stem cell technology and genetic modification that offer remarkable potential and bring possible advantages and disadvantages for scientists and the wider community. In response to these new technologies, scientists and artists have developed collaborative projects and, in some instances, artists have moved from the studio to the science laboratory to create work called sci-art, bio-art, or moistmedia. …

Outcome Of Home Mechanical Ventilation, N Salahuddin, K Haider, Sj Husain, S Siddiqui, Fazal Hameed Khan, R. Manasia

Department of Anaesthesia

OBJECTIVE: To determine the outcome of patients discharged home on portable ventilator.
DESIGN: Descriptive study.
PLACE AND DURATION OF STUDY: The Aga Khan University Hospital, Karachi from January 2000 to December 2004.
PATIENTS AND METHODS: All ventilator-dependent patients discharged home were contacted. Survivors were administered the EQ-5D Quality-of-Life instrument. SPSS version 13 was used to analyze data.
RESULTS: Eleven patients were discharged home on invasive ventilation. Mean age was 49 years (range 10-98 years). Cause of ventilatory failure were cervical spine trauma in 36%, primary neurological disease in 27%, critical illness neuropathy and respiratory failure in 18% …

Drug Related Critical Incidents, F A. Khan, M Q. Hoda

Department of Anaesthesia

Drug related incidents are a common form of reported medical errors. This paper reviews the critical incidents related to drug errors reported from the main operating theatre suite in a teaching hospital in a developing country from January 1997 to December 2002. Each report was evaluated individually by two reviewers using a structured process. During this period, 44 874 anaesthetics were administered; 768 critical incidents were reported, 165 (21%) of which were related to drug errors. Underdosage, side-effect/drug reaction and syringe swap were the most common. A total of 76% were classified as preventable; 56% due to human error and …