Digital Commons Network^™

The Techniques Of The Sacrifice Of Animals In Ancient Israel And Ancient Mesopotamia: New Insights Through Comparison, Part 1, Joann Scurlock

Andrews University Seminary Studies (AUSS)

No abstract provided.

"My Soul Is On The Wing For Glory": Adventist Spirituality, 1850-1863, Beverly Beem, Ginger Hanks Harwood

Andrews University Seminary Studies (AUSS)

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Cain, Abel, Seth, And The Meaning Of Human Life As Portrayed In The Books Of Genesis And Ecclesiastes, Radiša Antic

Andrews University Seminary Studies (AUSS)

No abstract provided.

Taiwan's Wto Membership And Its International Implications, Steve Charnovitz

GW Law Faculty Publications & Other Works

In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member. This article explores some implications of this unique situation for Taiwan, for the WTO, and for international law. The article contends that Taiwan's membership in the WTO is not itself a bilateral treaty with China and does not itself change the legal relationship between Taiwan and China. What Taiwan's …

The Relevance Of The Nlra And Labor Organizations In The Post-Industrial Global Economy, Charles B. Craver

GW Law Faculty Publications & Other Works

As the United States continues to transition from a manufacturing to a post-industrial service-oriented economy that is directly affected by global competition, the strength of domestic labor organizations has declined and private sector union membership has fallen to below 8 percent. Most unions continue to behave like the craft and industrial organizations of the mid-1900s. They employ appeals that once worked well for blue collar manufacturing workers to appeal to new-age white collar and service personnel who view traditional unionization as working class. If labor organizations hope to appeal to twenty-first century employees, they must devise strategies that will resonate …

Too Big To Fail: Moral Hazard In Auditing And The Need To Restructure The Industry Before It Unravels, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Large audit firms may believe that they are too big to fail. Arthur Andersen's 2002 criminal indictment reduced their number from five to four, and the government decided in 2005 to avoid indicting KPMG for crimes it admitted committing. If audit firms interpret the government's reluctance to indict as signaling aversion to tough action against them, moral hazard arises. This offsets auditing improvements mandated by the Sarbanes-Oxley Act of 2002 that are designed to strengthen auditors' reputations with managers for thoroughness and improve financial statement reliability. Neutralizing this moral hazard requires a credible alternative industry structure so that when a …

Language, Deals And Standards: The Future Of Xml Contracts, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

eXtensible Markup Language (XML) structures information in documentary systems ranging from financial reports to medical records and business contracts. XML standards for specific applications are developed spontaneously by self-appointed technologists or entrepreneurs. XML's social and economic stakes are considerable, especially when developed for the private law of contracts. XML can reduce transaction costs but also limit the range of contractual expression and redefine the nature of law practice. So reliance on spontaneous development may be sub-optimal and identification of a more formal public standard setting model necessary. To exploit XML's advantages while minimizing risks, this Article envisions creating a publicly …

Public Law Values In A Privatized World, Laura T. Dickinson

GW Law Faculty Publications & Other Works

Although domestic administrative law scholars have long debated privatization within the US, this debate has not confronted the growing phenomenon of privatization in the international realm or its impact on the values embodied in public international law. Yet, with both nation-states and international organizations increasingly privatizing foreign affairs functions, privatization is now as significant a phenomenon internationally as it is domestically. For example, states are turning to private actors to perform core military, foreign aid, and diplomatic functions. Military privatization entered the popular consciousness in 2004, when private contractors working for the US government abused detainees at Abu Ghraib prison …

Coordination, Property & Intellectual Property: An Unconventional Approach To Anticompetitive Effects & Downstream Access, F. Scott Kieff

GW Law Faculty Publications & Other Works

Countless high profile cases like the recent patent litigation threatening to shut down the BlackBerry® service have long drawn sharp criticism; and in response, most of the intellectual property (IP) literature argues for the use of weaker, or liability rule, enforcement as a tool for solving the problems of anticompetitive effects and downstream access while still providing sufficient rewards to IP creators. This paper takes an unconventional approach under which rewards don't matter much, but coordination does matter a great deal. The paper shows how stronger, or property rule, enforcement facilitates the good type of coordination that increases competition and …

Using Ex Post Evaluations To Improve The Performance Of Competition Policy Authorities, William E. Kovacic

GW Law Faculty Publications & Other Works

Competition policy is a work in progress. Charting the future course of competition policy can benefit heavily from looking back and asking two fundamental questions. First, did the agency’s interventions produce good results? Second, did the agency’s managerial processes help ensure that the agency selected initiatives that would yield good outcomes? This article discusses how government competition authorities might use ex post evaluations of enforcement decisions, operational mechanisms, and organizational design to improve the quality of their work. Preparing performance measures and conducting evaluations provide valuable tools for answering critical questions about the administration of competition policy.

The article also …

Unconfined Versus Confined Speleogenetic Settings: Variations Of Solution Porosity, Alexander Klimchouk

International Journal of Speleology

Speleogenesis in confined settings generates cave morphologies that differ much from those formed in unconfined settings. Caves developed in unconfined settings are characterised by broadly dendritic patterns of channels due to highly competing development. In contrast, caves originated under confined conditions tend to form two- or three-dimensional mazes with densely packed conduits. This paper illustrates variations of solution (channel) porosity resulted from speleogenesis in unconfined and confined settings by the analysis of morphometric parameters of typical cave patterns. Two samples of typical cave systems formed in the respective settings are compared. The sample that represents unconfined speleogenesis consists of solely …

Reserving, Edward T. Swaine

GW Law Faculty Publications & Other Works

The law of treaty reservations - which enables states to ask that their multilateral obligations be tailored to their individual preferences - has been controversial for over fifty years, and is at present subject to pitched battles within (and between) the International Law Commission and numerous other international institutions. There is broad agreement that existing scheme under the Vienna Convention on the Law of Treaties involves a sharp tradeoff between honoring the unalloyed consent of non-reserving states (that is, those agreeing to the treaty as originally negotiated, which may object to proposed reservations) and respecting the conditioned consent of reserving …

Emerging Policy And Practice Issues (2005), Steven L. Schooner, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2005), attempts to identify the key trends and issues for 2006 in U.S. federal procurement. In an effort to make sense of the current reforms, the paper focuses upon what seems to be the common imperative underlying the various initiatives: the need to bring order to a procurement function as it devolves away from the Government user - what some might call the "devolution" or "outsourcing" of the contracting function. The paper also addresses emerging issues including, among others, the death of competitive sourcing; the acquisition workforce …

Dialectical Regulation, Territoriality, And Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Scholarly and policy debates about territoriality and nation-state sovereignty are turning to the ways in which such concepts might be changing in an increasingly interconnected world of interlocking governance structures and systems of communication. Robert Ahdieh's provocative and generative essay, Dialectical Regulation, 38 Conn. L. Rev. 863 (2005-2006), attempts a model for understanding this new plural order. He argues that intersystemic regulation is now a significant legal reality, and analyzes the types of interactions we would expect to see among these multiple regulatory authorities. Ahdieh aims to define dialectical regulation, in which regulators exist in some kind of formal structural …

Post-Katrina Reconstruction Liability: Exposing The Inferior Risk-Bearer, Steven L. Schooner, Erin Siuda-Pfeffer

GW Law Faculty Publications & Other Works

This Article describes the doctrinal, functional, and moral flaws inherent in the Gulf Coast Recovery Act (GCRA), a United States Senate bill that would provide liability protection to government contractors engaged in disaster relief work in the areas devastated by Hurricane Katrina, as well as in future disaster areas. First, the Article discusses the history of the government contractor defense and finds that the protection provided by the GCRA is quite unlike the traditional government contractor defense. This Article further argues that this doctrinal departure cannot be justified on grounds of efficiency or fairness, as the GCRA allocates risk away …

A Case Study In Comparative Procurement Law: Assessing Uncitral's Lessons For U.S. Procurement, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The United Nations Commission on International Trade Law (UNCITRAL) has commissioned a working group, with delegations from many industrialized and developing nations, to reform and update the UNCITRAL Model Law on Procurement of Goods, Construction and Services. The working group is currently reviewing reforms on a number of fronts. This essay focuses on three areas of reform in particular - electronic communications, electronic reverse auctions, and unrealistically low bidding - to gauge whether lessons from the UNCITRAL debate may be useful for reform in the U.S. procurement system. As the essay reflects, the international debate surrounding UNCITRAL reform does in …

Lost In Translation? Corporate Legal Transplants In China, Donald C. Clarke

GW Law Faculty Publications & Other Works

This essay examines an old question - why it is often so difficult for transplanted legal norms and institutions to take - with the hope of shedding a bit of new light on it through a specific focus on institutions for corporate governance in China. Foreign norms and institutions are borrowed because they seem to the borrowers to serve some need. Very often they are borrowed in a time of rapid social change in which the home culture, so to speak, is lagging behind. But the problem of fit is real and severe.

First, although the borrowers may imagine their …

Other People's Country: A Memoir; And, Developing A Trustworthy Narrator: An Essay, Maureen Helen

Theses: Doctorates and Masters

This thesis comprises two interrelated sections. The first section is a substantial piece of creative writing, which l have cailed 'Other People's Country: A Memoir, in the genre of travel memoir, and an essay. The memoir borrows techniques from fiction, drama and poetry to tell a story of a middle-aged, middle-class city nurse, who travels to a remote settlement at the edge of the Western Desert of Western Australia to provide health care for a fluctuating population of around 400 people, for whom English is a third or fourth language.

Writing that includes stories about vulnerable people from another culture, …

Land Whisperings And A Poetics Of Newplace And Birthplace, Glenly R. Phillips

Theses: Doctorates and Masters

The creative component of this doctoral submission, entitled Land Whisperings, comprises a selection of seventy-five poems, ten short stories and a novella. The connecting theme of this body of work is the emphasis on the landscapes of three continents: Australia, my birthplace, Italy, my wife Rita's birthplace, and China, where I have visited and taught for many years. These locations have also been the subject of substantial research and field experience over the past four years. Since I am an Australian, there is a natural predominance of Australian settings for the poetry and short stories. The selected creative works also …

An Investigation Into The Use Of Information And Communication Technology (Ict) By Senior Educators In Thailand, Nattavee Utakrit

Theses: Doctorates and Masters

Information and Communication Technology (lCT) may not just be for younger people or people who are still working. This study shows that it can be of importance lar groups of senior people who are healthy and still have the desire to use their skills, abilities, and knowledge to assist or support our modern society. The particulnr groups of senior people concemed in this sludy were Thai senior educators above 60 from universities in Thailand living in Bangkok. The aims of this study concentrate on how they use lCT to attain their professional goals (research and teaching activities). It explores their …

Strategies For Designing And Implementing Knowledge Management Systems: An Interpretive Case Study Of Two Western Australian House-Building Firms, Geoffrey David Wilson

Theses: Doctorates and Masters

Knowledge management is a relatively new concept that has received substantial attention in the academic and industry literature particularly in the information systems field. Proponents of knowledge management argue that it has been driven by the desire of organisations for greater innovation, cost reduction and process improvements (Wilson. Jackson & Smith 2003). Little research, though, has been conducted from a knowledge management perspective into how Western Australian house-building enterprises develop and implement information systems. The WA house-building industry forms part of the wider building and construction community. Most construction firms are small to-medium-sized enterprises that differ from large organisations in …

A Survey On Physical Delivery Versus Cash Settlement In Futures Contracts, Donald Lien, Yiu Kuen Tse

Research Collection School Of Economics

A futures contract may adopt physical delivery or cash settlement to liquidate open positions after the maturity day. While traditionally physical delivery specification is favored, exchanges have recently turned to examine cash settlement possibilities. This paper summarizes current literature on settlement specifications with emphases on market manipulation, cash index construction, and hedging effectiveness comparisons.

Detached Macrophyte Accumulations In Surf Zones: Significance Of Macrophyte Type And Volume In Supporting Secondary Production, Karen Ruth Crawley

Theses: Doctorates and Masters

Detached macrophytes (sea grass and macroalgae) are transported from more offshore areas and accumulate in large volumes in surf zones, where they are commonly called wrack. In coastal regions in other parts of the world, wrack transported from one habitat to a second habitat can be considered as a "spatial subsidy" for the recipient habitat with significant consequences for community dynamics and food webs. The primary aim of this study was to determine the significance of the different components of wrack (i.e. sea grass and brown, red and green algae) as a direct and indirect food source and habitat for …

Auditing Standards Board (Asb) Meeting, January 10-12, 2006, La Jolla, Ca; Asb Highlights January 2006, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, April 25-27, 2006, Atlanta, Ga; Asb Highlights April 2006, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, June 20-22, 2006, Atlanta, Ga; Asb Highlights June 2006, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Internal Control Over Financial Reporting - Guidance For Smaller Public Companies, Volume Iii : Evaluation Tools, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Internal Control Over Financial Reporting - Guidance For Smaller Public Companies, Volume Ii : Guidance, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Proposed Revisions To Aicpa/Nasba Uniform Accountancy Act, Section 23; Exposure Draft (American Institute Of Certified Public Accountants), 2006, December 11, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy

Association Sections, Divisions, Boards, Teams

No abstract provided.

Aicpa Board/Council Briefing Synopsis, Updated As January 1, 2006, American Institute Of Certified Public Accountants (Aicpa)

Association Sections, Divisions, Boards, Teams

No abstract provided.