Digital Commons Network^™

Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

We live in an age of convenience. From financial transactions to electronic correspondence, we frequently deal with large corporations that provide services in our daily lives. One of the prices we pay for the convenience of these transactions, however, is that our commercial relationships increasingly are based on standard form contracts written by large corporations. While these standard form contracts are necessary to an economically efficient society, the growing use of mandatory arbitration provisions and clauses that prohibit class actions in these contracts raises the spectre of corporate abuse.

Internal Separation Of Powers: Checking Today's Most Dangerous Branch From Within, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The standard conception of separation of powers presumes three branches with equivalent ambitions of maximizing their powers. Today, however, legislative abdication is the reigning modus operandi. Instead of bemoaning this state of affairs, this piece asks how separation of powers can be reflected within the Executive Branch when that branch, not the legislature, is making much law today. The first-best concept of legislature v. executive checks-and-balances has to be updated to contemplate second-best executive v. executive divisions.

A critical mechanism to promote internal separation of powers is bureaucracy. Much maligned by both the political left and right, bureaucracy serves crucial …

Aristotle’S Tried And True Recipe For Argument Casserole, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

I thoroughly enjoyed John Schunk’s article— “What Can Legal Writing Students Learn from Watching Emeril Live?”—in the Winter 2006 issue. We are big Emeril fans in our family, and we too have heard him distinguish the art of baking casseroles from the art of baking cakes. Baking a casserole is more art than science, because although there are basic ingredients, a creative cook can vary the recipe to please a variety of palettes. Baking a cake, on the other hand, is more science than art, because if the cook eliminates a necessary egg or adds too much baking powder, the …

The Story Of Upjohn Co. V. United States: One Man's Journey To Extend Lawyer-Client Confidentiality, And The Social Forces That Affected It, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The attorney-client privilege protects information a client provides an attorney in confidence for the purpose of securing legal advice. But suppose the client is not a person but a corporation and can only speak through its agents and employees. What then are the contours of the privilege? If the corporation's attorney asks an employee for information relating to pending litigation or other legal matters, is the conversation privileged? Some courts said that no communications to a corporate attorney were privileged unless they came from members of the corporate control group, loosely those people who had authority to direct the attorney's …

No Longer Just Company Men: The Flexible Workforce And Employment Discrimination, Review Essay On 'From Widgets To Digits Employment Regulation For The Changing Workplace', By Katherine V.W. Stone (2004), Miriam A. Cherry

All Faculty Scholarship

In her new book, From Widgets to Digits, Professor Katherine V.W. Stone reviews and analyzes the dramatic changes, both technological and demographic, that have transformed work in America during the last thirty years. The book broadly documents the shift from an economy that primarily relies on the production and consumption of goods to one in which learning and the transmittal of knowledge is central to the creation of wealth. Professor Stone describes how in the past, workers may have expected job security and long-term employment, but that recent economic, social, and technological change have led to a more temporary and …

Decentering The Firm: The Limited Liability Company And Low Wage Immigrant Women Workers, Miriam A. Cherry

All Faculty Scholarship

Congress is now considering radical changes to the immigration system. This article looks at the immigration issue as a labor and employment law question, and proposes a possible solution based on this approach.

I suggest that forming Limited Liability Companies (LLCs) will benefit low-wage immigrant women workers by transforming them into business owners. By using existing legal structures to their benefit, low-wage women workers can curtail at least a portion of the exploitation that they currently experience. Instead of being hired to perform a job, having the intermediary take a cut, and then pay them some amount out of that, …

It's About The Relationship: Collaborative Law In The Employment Context, Marcia L. Mccormick

All Faculty Scholarship

Work is central to American life and drives us in fundamental ways. And the workplace, as a result, dominates our lives. We are spending ever greater amounts of time in the workplace and less time in civic and social engagements. As a consequence, our relationships at work have become so significant that they are nearly as important to us as our family relationships. In fact, the employment relationship is similar to the family relationship in the emotional support from coworkers it can provide and in the financial support it provides. Because the employment relationship is so common and psychologically so …

Shame And The Meanings Of Punishment, Chad Flanders

All Faculty Scholarship

Debates over shaming punishments have raged over the past few years, with people like Dan Kahan and Eric Posner for them, while James Whitman and Martha Nussbaum have entered the fray strongly against them. This Essay argues that both sides in the shaming punishment debate have it only party right. Those who favor shaming sanctions are correct that we should (all else being equal) favor those punishments which are expressive rather than those that involve some form of hard treatment. And those who reject shaming sanctions are correct that such sanctions involve forms of humiliation and denials of dignity that …

An Exploration Of How And Why Primary Care Providers Educate Infant Caregivers About Positioning, Amy Greenspon Choffin

Theses and Dissertations

A review of the literature indicates that how infants are positioned is related to the risk of SIDS, the incidence and severity of plagiocephaly, torticollis, and developmental delays. A quantitative approach with survey methodology was used with 66 pediatric primary care providers responding to 26 questions. Overall, PCPs are educating caregivers about sleep positioning with a high frequency. There was a relationship between practice site, and the frequency of sleep positioning education is provided. While the participants provide education about awake positioning, and the use of positioning devices, it was with less frequency than they do about sleep positioning; there …

Applying Principles Of Information Design To Help Parents Accept Babies With Down Syndrome, Anita Eradla

Theses and Dissertations

My creative project is a system of resource materials designed for parents and expecting parents to promote acceptance of babies with Down syndrome. This project is also a study of information architecture and icon development, and an opportunity to study the universal and emotive qualities of an iconic system.

Impact Of The Investments In Information And Communication Technologies On Total Factor Productivity In The Context Of The Economies In Transition, Sergey Samoilenko

Theses and Dissertations

The goal of this research is to establish a link between investments in information and communication technology (ICT) and economic growth in the context of countries that are currently classified by the international community as transitional economies (TE). More specifically, in this study we focus on the relationship between ICT and one of the determinants of economic growth, total factor productivity (TFP). Neoclassical growth accounting and the theory of complementarity provide the theoretical framework on which we build this research. By combining the data obtained from two sources, the World Bank Database and the IT Yearbook, we were able to …

State Of Being, Anne Bradshaw

Theses and Dissertations

My work speaks to the processes of adaptation and assimilation, phenomena that explain the way in which we transform life experience and incorporate the effects of such experience into the daily workings of our psyche. To this extent my work is a self-analysis, an autobiographical reckoning, a non-verbal representation of collective experiences rendered in forms upon which images are spontaneously drawn or painted with fiber. The process of making art as a means of accessing creative instincts is a manifestation of the way in which I experience life. Adapting and assimilating to our human condition is an art, a form …

Textural Diversity, Paul Eskew

Theses and Dissertations

The sculptures I create reflect the elements of the natural world such as trees, the lumpy bush, clumps of turf. They have imperfect yet fascinating textures, picturesque in form, seemingly fractal in design, working together harmoniously to serve the aesthetic. My sculptures, like these natural shapes, are heavy or thicker toward the bottom and lighter toward the top, like a tree or stone. I strive to echo the mercurial, the animated natural surfaces, and the enticing vignettes one would experience on a woodland stroll.

Traits Of Writing, Traits Of Art, Michelle Ciancarelli Becker

Theses and Dissertations

A study was conducted of Introductory Art students to find if the six traits of writing as written by Spandel/Stiggins (1997) would have influence over a narrative painting when combined with the six traits of painting. Inconclusive findings were reported. Data difference between the treated and untreated class was less than one point. More research needs to be conducted to study transfer of knowledge from verbal to visual as well as from one curriculum to another with both curriculums teaching same material.

Bitterroot Landing: An Adaptation From Novel To Stage, Christy Leake

Theses and Dissertations

My thesis explores the process involved in adapting Sheri Reynolds' novel, Bitterroot Landing, into a stage play. During the adaptation process I faced numerous challenges, including structural issues, expanding or changing dialogue, omitting or melding scenes and characters, and dealing with the serious themes of incest and sexual abuse. This thesis describes these challenges and the steps I took to overcome them.

A Gis And Remote Sensing Based Analysis Of Impervious Surface Influences On Bald Eagle (Haliaeetus Leucocephalus) Nest Presence In The Virginia Portion Of The Chesapeake Bay, Jennifer M. Ciminelli

Theses and Dissertations

GIS (Geographic Information Systems) and remote sensing techniques were used to predict relationships between bald eagle nest presences and land type, distance to land type and impervious surface cover area. Data plots revealed bald eagle nest presence decreases in response to an increase in area of bareland; increases with an increase in area of forested land; decreases with an increase in distance (m) to shoreline, and decreases in response to an increase in area of impervious surfaces. Logistic regression models identified impervious surfaces as an indicator for bald eagle nest presence (P 24% as unsuitable. Unsuitable area covered 17.82% of …

Everyday Haunting, Thomas John Condon Jr.

Theses and Dissertations

This document outlines a journey of self-exploration, discovery, construction and destruction. It is a story of learning, a testament to impermanence, and a proposal for possibility. The words and work contained in this document are exclusive to the thoughts and actions of one man that hopes to share with others.

Sphere Of Influence, Benjamin Andrew Jones

Theses and Dissertations

The following thesis titled SPHERE OF INFLUENCE is about development. I discuss my efforts to develop as an artist addressing observation and awareness of the self and our surroundings. I will discuss how this relates to my approach with materials and process and will explain not only what the sculpture titled SPHERE OF INFLUENCE has come to represent for me, but also the reactions of viewers during the temporary installation of the SPHERE OF INFLUENCE at the Anderson Gallery at Virginia Commonwealth University from May 5th 2006 through May 14th, 2006. I will explain the SPHERE OF INFLENCE'S function as …

Bridging The Gap: Why Many High School Writers Are Not Successful In College Composition Classes, Amy Stutzman Park

Theses and Dissertations

It may be useful to identify this so-called gap that seems to plague first-year college writers before attempting to discover why it exists. In order to identify the gap, I want to define these writers who are leaving high school and finding difficulty in college composition classes. Patricia Bizzell defines basic writers as "those who are least well prepared for college" (Bizzell "What Happens When Basic Writers Come to College?" 294). I'd like to broaden her definition of basic writers and use the term "inexperienced writers" as the field now defines them. In order to fully understand why most college …

Invasion Genetics Of The Blue Catfish (Ictalurus Furcatus) Range Expansion Into Large River Ecosystems Of The Chesapeake Bay Watershed, Colleen Beth Higgins

Theses and Dissertations

The blue catfish, Ictalurus furcatus (Ictaluridae), is ranked among the most invasive, nonnative species of concern in the Chesapeake Bay watershed. This species, intentionally introduced to three major tributaries and a number of impoundments between 1974 and 1989 for sport fishing, has spread into three additional tributaries. Using samples from the introduced tributary populations as a baseline, we evaluated microsatellite genetic variation in light of demographic and ecological data to elucidate the potential sources of the invasive I. furcatus populations. In general, the populations surveyed in the Chesapeake Bay watershed were considerably more inbred (F ranged from 0.03 - 0.27) …

The Post-9/11 Federal Homeland Security Paradigm And The Adoptive Capacity Of Public Administration Theory And Practice, Chaya Rani Jain

Theses and Dissertations

The September 11, 2001 terrorist attacks redefined the federal approach to disaster planning. Prior to 9/11, disaster and emergency management meant preparedness for and response to natural and man-made emergencies such as floods, hurricanes, fires, and civil discord. The post-9/11 paradigm shift, a multi-pronged approach called "homeland security" strategy, now incorporates a multitude of man- and nature-made disasters to include border and transportation security; emergency preparedness, response and recovery against chemical, biological, radiological and nuclear threats; as well as information analysis and infrastructure protection. These new priorities were communicated to the state and local governments. The purpose of this descriptive, …

From Darkness To Light: Examining The Role Of Playwright/Director On Obscura, Dennis Christian Schebetta

Theses and Dissertations

The aim and scope of my thesis is to examine the process of playwrights directing their own work, using the production of my play Obscura as an example of personal research, as well as examples of other dramatists. I will examine the advantages and disadvantages that playwrights face when directing their own work. I will compare several methods to my own production of Obscura. I wrote the play in the Spring of 2005 which culminated in a reading in April, followed by a workshop production in the Fall of 2005 in the Newdick Theater at Shafer Street Playhouse.

Optical Characterization Of Electrochemically Self-Assembled Compound Semiconductor Nanowires, Sivakumar Ramanathan

Theses and Dissertations

Semiconductor nanowires have attracted considerable attention as possible source for lasers and optical storage media. We report the fabrication and optical characterization of ZnO and CdS nanowires. The former are produced by electrochemical deposition of Zn inside nanoporous alumina films containing regimented arrays of 10nm, 25nm and 50 nm diameter pores, followed by room temperature chemical oxidization. Fluorescence spectroscopy shows different characteristics associated with different sample diameter. The 50 nm ZnO nanowires show an exciton recombination peak and an additional peak related to the deep trap levels. 25 nm ZnO nanowires show a only the exciton recombination peak, which is …

A Critical Review Of Telomerase Biology And Model Systems For The Study Of Telomerase, Jeremy Charles Aisenberg

Theses and Dissertations

The study of telomere and telomerase biology holds substantial promise in uncovering the molecular process of aging and the treatment of cancers. Studies have shown that telomere shortening is directly linked to cellular aging and that telomerase expression is found in over 85% of human cancers, including 95% of all advanced malignancies. Development of effective model systems to elucidate the molecular mechanisms underlying the role of telomeres and telomerase in the processes aging and cancer is of particular importance. While inbred strains of mice have provided a wealth of information for a variety of pathways and diseases, the mouse model …

Gonna Spread The News All Around: Early, African-American Popular Song As Spoken Newspaper, Randall Lawrence Stamper

Theses and Dissertations

Most research into blues music over the past thirty years has examined either how the blues contribute to or reflect African-American identity, or how blues lyrics may be used as windows into African-American culture, values, and attitudes. Scholars have generally relied on more conventional songs about male-female relationships in this research, largely ignoring the subset of topical blues songs that related information about current events. Given the widespread illiteracy among African Americans during the height of the blues' popularity, these topical songs are particularly compelling. To date, however, no one has coupled topical blues together with their consumers' educational attainment …

Images Of Jenny Lind And The Construction Of Identity For The Nineteenth-Century Female Performer, Joanna Elizabeth Penick

Theses and Dissertations

This thesis examines how images of the Swedish singer Jenny Lind worked to distance her from the typical nineteenth-century view. Because of their position within the public sphere, female performers were thought to be sexually available and often had the reputation of prostitute. Lind achieved a level of success that made her one of the most famous women of the mid-nineteenth-century. She was known not only for her talent as a performer but also for her morality and piety. Examining the Lind images in the context of nineteenth-century social codes and feminist theatre history, it becomes evident that Lind was …

Preliminary Research On Taiwanese Art Curriculum Design Based On Visual Culture, Jui-Jung Chang

Theses and Dissertations

In recent years, art education has started an on-going discussion on the issue of visual culture. In the past few years this issue also becomes topical due to the necessity to improve art education in Taiwan. Currently, art education based on visual culture has become a very important concern in Taiwan. However, the concept of visual culture has its origin in foreign theories. In order for our art professional to remain independent, it is essential that Taiwanese art teachers begin to address the issue of how to properly incorporate the concept of visual culture into the design of our art …

Tinged With Fire, Margo J. Nolan

Theses and Dissertations

I have created art that has evolved from my own personal experiences. Life is capricious, and with the changes wrought by age, joy, and grief, I have found this self-referential work inevitable. Here, I have documented the journey that has brought me through personal wars, battles, and truces. I have come to believe that although my individual experiences may be unique, my responses to them are not. Loss and victory are universal.

Using Visual Culture To Address Gender Expectations In Middle School Art Education: Visual Art Curriculum Design Based On The Manga Ranma1/2, Ting-Yu Chen

Theses and Dissertations

In this thesis, I identify and explore approaches to middle school art curricula that address the cultural expectations of gender in visual culture media. I use images from the Japanese comic Manga: Ranma1/2 to develop units of instruction with goals of engaging students in relating the study of art to their visual culture outside the classroom. The unit has three lessons that deal with cultural expectations of gender to help students become aware of understand gender differences in contemporary society. In the lessons, students examine how the Manga characters are depicted differently according to the character's gender. Also, the teacher …

Active Noise Control Of Stageloader Noise In Longwall Mining, Jeremy M. Slagley, Steven Guffey

Faculty Publications

With the large-scale mechanization inherent to the mining industry, noise-induced hearing loss remains a major concern. As part of on-going efforts to develop engineering controls to reduce noise levels in longwall mining, active noise control experiments were conducted above ground on a modified non-working stageloader. Recorded underground stageloader noise was broadcast into the above ground stageloader. The result was an average 7 dBA reduction when the active noise control was applied. These results suggest the possibility that active noise reduction can be a useful means to reduce stageloader noise if the control system can be made sufficiently rugged. The study …