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2006

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From Cooperative To Inoperative Federalism: The Perverse Mutation Of Environmental Law And Policy, Robert L. Glicksman Jan 2006

From Cooperative To Inoperative Federalism: The Perverse Mutation Of Environmental Law And Policy, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Beginning in 1970, Congress adopted a series of statutes to protect public health and the environment that represented an experiment in cooperative federalism. The operative principle of cooperative federalism is that the federal government establishes a policy - such as protection of public health and the environment and sustainable natural resource use - and then enlists the aid of the states, through a combination of carrots and sticks, in pursuing that policy. The result is a system in which both levels of government work together to achieve a common goal. If the process works well, the synergism of related federal …


Foster Children Awaiting Adoption Under The Adoption And Safe Families Act Of 1997, Catherine J. Ross Jan 2006

Foster Children Awaiting Adoption Under The Adoption And Safe Families Act Of 1997, Catherine J. Ross

GW Law Faculty Publications & Other Works

This article discusses the Adoption and Safe Families Act of 1997 and how it relates to the rules created by constitutional law and federal legislation about shifting children between foster care and adoption. The article focuses on the 15/22 months rule, which provides that a state should pursue adoption for a child who has remained in foster care for fifteen of the preceding 22 months and encourages states to take action to implement the 15/22 months rule to comply with the Constitution and federal law, noting that many children in foster care will need pre-adoptive and adoptive homes.


Federalism, Instrumentalism, And The Legacy Of The Rehnquist Court, Peter J. Smith Jan 2006

Federalism, Instrumentalism, And The Legacy Of The Rehnquist Court, Peter J. Smith

GW Law Faculty Publications & Other Works

This paper starts from the proposition that although the Rehnquist Court imposed limits on federal power in the name of states' rights far more aggressively than did its post-1937 predecessors, it just as often chose not to impose limits in cases that otherwise fairly can be thought to have presented a question of federalism. The article then makes three claims. First, the article argues that any ultimately satisfying account of the Rehnquist Court's federalism doctrine must acknowledge that the decisions have often appeared to be driven as much by the Justices' policy preferences about the underlying substantive matters at issue …


Predictive Decisionmaking, Michael B. Abramowicz Jan 2006

Predictive Decisionmaking, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

In this Article, Professor Abramowicz identifies a regulatory strategy that he calls "predictive decisionmaking" and provides a framework for assessing it. In a predictive decisionmaking regime, public or private decisionmakers make predictions, often of future legal decisions, rather than engage in normative analysis. Several scholars, particularly in recent years, have offered proposals that fit within the predictive decisionmaking paradigm, but have not noted the connection among these proposals. The Article highlights five different mechanisms on which predictive decisionmaking regimes may rely, including predictive standards, enterprise liability, accuracy incentives, partial insurance requirements, and information markets. After identifying several advantages that predictive …


A Case Study In Comparative Procurement Law: Assessing Uncitral's Lessons For U.S. Procurement, Christopher R. Yukins Jan 2006

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 Jan 2006

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 …


Measuring Global Poverty Right: Mission Impossible?, M. G. Quibria Jan 2006

Measuring Global Poverty Right: Mission Impossible?, M. G. Quibria

Research Collection School Of Economics

The international community is committed to millennium development goals which postulate a vision of global development that makes eliminating poverty and sustaining development the overriding objective of global development efforts. In the hierarchy of the MDGs, the first and foremost goal is to reduce by half, between 1990–2015, the proportion of people whose income is less than a dollar a day (a widely used yardstick to measure extreme poverty). However, estimating such poverty across developing countries and globally is by no means a simple exercise nor has it yielded unambiguous results. This article provides a brief summary of the state …


Modeling The Firm-Size Distribution Using Box-Cox Heteroscedastic Regression, Zhenlin Yang, Yiu Kuen Tse Jan 2006

Modeling The Firm-Size Distribution Using Box-Cox Heteroscedastic Regression, Zhenlin Yang, Yiu Kuen Tse

Research Collection School Of Economics

Using the Box-Cox regression model with heteroscedasticity (BCHR), we re-examine the size distribution of the Portuguese manufacturing firms studied by Machado and Mata () using the Box-Cox quantile regression (BCQR) method. We show that the BCHR model compares favourably against the BCQR method. In particular, the BCHR model can answer the key questions addressed by the BCQR method, with the advantage that the estimated quantile functions are monotonic. Furthermore, estimation of the BCHR model is straightforward and the confidence intervals of the BCHR regression quantiles are easy to compute.


An Empirical Examination Of Ipo Underpricing In The Chinese A-Share Market, Ting Yu, Yiu Kuen Tse Jan 2006

An Empirical Examination Of Ipo Underpricing In The Chinese A-Share Market, Ting Yu, Yiu Kuen Tse

Research Collection School Of Economics

Research in the literature shows that initial public offerings (IPOs) of common stocks are systematically priced at a discount to their subsequent initial trading price. The large underpricing magnitude in the Chinese IPO market has attracted much attention. We consider three hypotheses that may explain the IPO underpricing in China. These are the winner's curse hypothesis, the ex ante uncertainty hypothesis and the signaling hypothesis. Among these hypotheses, the winner's curse hypothesis has not been tested in the Chinese market. Using IPO data for online fixed-price offerings from November 1995 to December 1998, our results show that the winner's curse …


A Survey On Physical Delivery Versus Cash Settlement In Futures Contracts, Donald Lien, Yiu Kuen Tse Jan 2006

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.


Commune-Level Estimation Of Poverty Measure And Its Application In Cambodia, Tomoki Fujii Jan 2006

Commune-Level Estimation Of Poverty Measure And Its Application In Cambodia, Tomoki Fujii

Research Collection School Of Economics

Cambodia is still suffering from the legacy of civil conflict after more than a decade. With over one-third of the population living below the poverty line, poverty remains one of the most serious problems in Cambodia. A number of governmental bodies, local and international nongovernmental organizations (NGOs), and international organizations operating in Cambodia have made eradicating poverty a priority and have established many social programmes to this end. In designing such programmes, the efficient allocation of resources is essential for making poverty alleviation more cost-effective. Targeting is often helpful for this purpose because one can avoid wasting resources on the …


A Case Study Of Public School Secondary Teachers Of English, Supervisors Of English, And School Administrators Awareness And Implementation Of Issues Of Moral Education Within The Canon Of Literature Presented In The Classroom Setting, Dennis M. Flynn Jan 2006

A Case Study Of Public School Secondary Teachers Of English, Supervisors Of English, And School Administrators Awareness And Implementation Of Issues Of Moral Education Within The Canon Of Literature Presented In The Classroom Setting, Dennis M. Flynn

Seton Hall University Dissertations and Theses (ETDs)

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A Comparative Study Of Teacher Satisfaction Levels In New Jersey Public Middle Schools In District Factor Groups A, B, Cd, And De, Francine R. Parker Jan 2006

A Comparative Study Of Teacher Satisfaction Levels In New Jersey Public Middle Schools In District Factor Groups A, B, Cd, And De, Francine R. Parker

Seton Hall University Dissertations and Theses (ETDs)

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An Analysis Of The Implementation Of A Small Learning Community In A Large, Public, Urban, Comprehensive High School In Northern New Jersey, Dennis C. Degnan Jan 2006

An Analysis Of The Implementation Of A Small Learning Community In A Large, Public, Urban, Comprehensive High School In Northern New Jersey, Dennis C. Degnan

Seton Hall University Dissertations and Theses (ETDs)

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Closing The Achievement Gap Of The Urban Minority Student Migrating To The Suburban Public High School, Joseph Pompilio Jan 2006

Closing The Achievement Gap Of The Urban Minority Student Migrating To The Suburban Public High School, Joseph Pompilio

Seton Hall University Dissertations and Theses (ETDs)

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Important Factors For Consideration When Litigating Special Education Due Process Hearings, Partick O'Halloran Jan 2006

Important Factors For Consideration When Litigating Special Education Due Process Hearings, Partick O'Halloran

Seton Hall University Dissertations and Theses (ETDs)

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Claiming Agency: Edith Wharton's Public And Private Spaces In "The House Of Mirth", Lauren Del Polito Jan 2006

Claiming Agency: Edith Wharton's Public And Private Spaces In "The House Of Mirth", Lauren Del Polito

Seton Hall University Dissertations and Theses (ETDs)

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A Study Of New Jersey's Assessment And Accountability System For Students With Disabilities And Its Impact On Special Education Services, Julie Moul Gardner Jan 2006

A Study Of New Jersey's Assessment And Accountability System For Students With Disabilities And Its Impact On Special Education Services, Julie Moul Gardner

Seton Hall University Dissertations and Theses (ETDs)

Use of high stakes assessment for special needs students is a key element in the current educational reform movement. State assessment systems use these tests to determine and report school accountability scores, distribute school funding, and assess school rewards and sanctions. The impact of including these students' test score on the district accountability reports has not yet been determined. Directors of special services, the primary individuals for supervising or coordinating district special education programs, have an extensive understanding of administrative and functional knowledge of special education services and are therefore able to provide insight concerning the impact of accountability on …


The Importance Of Icons For Corporate Identity For Start-Up Companies, Jillian K. Dunn Jan 2006

The Importance Of Icons For Corporate Identity For Start-Up Companies, Jillian K. Dunn

Seton Hall University Dissertations and Theses (ETDs)

The objective of this research project is to look at the importance of icons, more specifically logos, for corporate identity in start-up companies, and why these logos are such a significant factor in the marketing of a company to its consumers. A logo's main purpose is to "project the company's intended image" (First Town Company Unlimited, 2000, p.1) and if properly completed then the logo becomes a significant part of the consumer/producer relationship. "The corporate identity dates back to Ancient Greece" and "hundreds of years later, it [ still] remains the vital aspect of any organization's identity; Logos offer a …


A Study Of The Qualities Of Effective Mentor Teachers, Eileen Mooney Cambria Jan 2006

A Study Of The Qualities Of Effective Mentor Teachers, Eileen Mooney Cambria

Seton Hall University Dissertations and Theses (ETDs)

A STUDY OF THE QUALITIES OF EFFECTIVE MENTOR TEACHERS The purpose of this study is to identify the attributes of teachers who are master teachers and exemplary mentors. This qualitative inquiry was designed to shed light on the values, attributes, beliefs and practices of these individuals as they relate to the art of teaching and mentoring novice teachers. A stable faculty provides schools with a strong support structure that enables students to achieve high levels of instruction and new teachers the high quality of mentoring needed during the first phase of their careers. Recruiting new teachers to fill the void …


A Study Of The Status Of The Strategic Planning Process As Used By Public School Districts In Six Suburban New York City Counties, Bartholomew Linehan Jan 2006

A Study Of The Status Of The Strategic Planning Process As Used By Public School Districts In Six Suburban New York City Counties, Bartholomew Linehan

Seton Hall University Dissertations and Theses (ETDs)

Over the past two decades, strategic planning has emerged as a management tool to assist administrators in leading public school districts forward. If strategic planning is an important administrative tool in moving a school district toward its vision, how and in what form is it being utilized in suburban New York City school districts? The purpose of this study was to understand the utilization of strategic planning in suburban New York City school districts and to understand the constraints, training and technical needs regarding strategic planning. This study also discusses the relationship existing between strategic planning and the key district …


The Creation Of A Communication Guide For The Project Manager Implementing A Student Information System, Kimberly A. Momballou Jan 2006

The Creation Of A Communication Guide For The Project Manager Implementing A Student Information System, Kimberly A. Momballou

Seton Hall University Dissertations and Theses (ETDs)

The objective of this research project is to create a communication guide for the project manager responsible for implementing a student information system on a college or university campus. The implementation of a student information system may be among the most difficult challenges that are faced in higher education due to the sensitivity of the data involved, the number of employees that will be involved in the project and the potential impact on the entire campus community. Most implementations take far greater than twelve months to complete and have been known to last for several years causing a substantial strain …


Leadership, Communication & Basketball: A Case Study On The Differences And Similarities In Leadership And Coaching Styles Between A Collegiate Basketball Coach And A Professional Basketball Coach, Matthew G. Rose Jan 2006

Leadership, Communication & Basketball: A Case Study On The Differences And Similarities In Leadership And Coaching Styles Between A Collegiate Basketball Coach And A Professional Basketball Coach, Matthew G. Rose

Seton Hall University Dissertations and Theses (ETDs)

So you consider yourself a fan of basketball. You have a favorite college team and player as well as a favorite professional team and player. You've been to tons of professional and college basketball games in your lifetime, but have you ever stopped to notice the differences between the two? For example, why do college players foul out of the game after five fouls and pros after six? If a professional player behaves in a negative manner, he gets a fine. If a college player does the same, there's no fine, he gets suspended. Are the punishments equal? If you …


A Validation Study Of The Administrator Data Use Survey, Francis Nicholas Sheboy Jan 2006

A Validation Study Of The Administrator Data Use Survey, Francis Nicholas Sheboy

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this study was to create an original instrument, the Administrator Data Use Survey (ADUS), to assess practicing school administrators' perceptions of the importance of data to school improvement, the importance of data to their position, and the degree to which they feel their graduate preparation in educational administration adequately prepared them for the data use demands of their position. Validation panels were used to assess construct, content, criterion, and face validity of the ADUS. In addition, factor analysis was utilized for construct validation. The ADUS was sent to a random sampling of practicing administrators from New York …


Being Muslim In 21st Century America: Does Living In America Create An Identity Crisis For The Generation X Muslim Woman?, Laila Uddin Jan 2006

Being Muslim In 21st Century America: Does Living In America Create An Identity Crisis For The Generation X Muslim Woman?, Laila Uddin

Seton Hall University Dissertations and Theses (ETDs)

Over the years, I've observed South Asian females and males alike struggling to fulfill religious and cultural obligations to their family while fitting in with the norms of society. I also learned of the term "ABCD" which stands for American Born Confused Desi. This refers to people of Desi or South Asian origin living in the United States. "Confused" refers to their confusion regarding their identity from either being born in America or living here since an early age and having been exposed to American culture more than their ancestral culture. That is when I realized that I was not …


Engineering Education Through Service-Learning In Developing Communities: Two Case Studies, Evan A. Thomas, Andrew Azman Jan 2006

Engineering Education Through Service-Learning In Developing Communities: Two Case Studies, Evan A. Thomas, Andrew Azman

Mechanical and Materials Engineering Faculty Publications and Presentations

This paper provides case studies of two service learning projects that University of Colorado at Boulder (CU-Boulder) students are integrating into their academic experience. The projects focus on developing communities and are managed under the auspices of Engineers Without Borders-USA (EWB-USA), a group founded by Dr. Bernard Amadei, Professor of Civil Engineering at CU-Boulder. These projects expand students? understanding of the social value of their chosen profession, and expose them to a type of engineering significantly different than what is presented in most of their classes. Specifically, focusing on developing communities provides students with the opportunity to design solutions to …


Embracing The Imaginary Good Mother: Narratives Of Love And Violence From Women Who Killed Their Children, Barbara Barnett Jan 2006

Embracing The Imaginary Good Mother: Narratives Of Love And Violence From Women Who Killed Their Children, Barbara Barnett

Iowa Journal of Communication

Western culture positions motherhood as a divine calling, and this construct makes the notion that women would harm her children seem baffling and unnatural. This qualitative analysis of news articles seeks to understand maternal violence by analyzing narratives told by women who killed their children. Findings reveal that women who harmed their children portrayed themselves as loving and protective and dismissed their violent actions as accidents or missteps. Women understood society's expectation that mothers be all-loving and all-knowing, and internalized the good mother myth, constructing stories of themselves as caring and nurturing even when their actions were hurtful and destructive.


The Social Construction Of Wife Beating In Political Discourse, Gretchen Arnold Jan 2006

The Social Construction Of Wife Beating In Political Discourse, Gretchen Arnold

Iowa Journal of Communication

The issue of wife beating was a common topic of political discourse in 19th century America. After the turn-of-the-century, however, the issue dropped from public view and resurfaced only when contemporary feminists reframed the problem. My paper explains why this issue disappeared from, and then returned to, the political scene. I use contemporary frame analysis to analyze the specific frames to interpret wife beating that appeared in political discourse and tie them to cultural and institutional developments as well as to the work of specific social movements. in particular, I argue that the moral significance each frame gave -or denied- …


Front Matter - Table Of Contents Jan 2006

Front Matter - Table Of Contents

Iowa Journal of Communication

No abstract provided.


Research Plan And Preliminary Results - A Field Research Site For Emerging Contaminants In Iowa, Douglas J. Schnoebelen, Dana W. Kolpin, Larry B. Barber, Edward T. Furlong, Michael M. Meyer, Mary Skopec Jan 2006

Research Plan And Preliminary Results - A Field Research Site For Emerging Contaminants In Iowa, Douglas J. Schnoebelen, Dana W. Kolpin, Larry B. Barber, Edward T. Furlong, Michael M. Meyer, Mary Skopec

Journal of the Iowa Academy of Science: JIAS

Research has recently documented the prevalence of a wide variety of pharmaceuticals and other emerging contaminants (ECs) in streams across the United States. Wastewater treatment plants (WWTPs) have been found to be an important source and collection point of ECs to streams as many ECs are incompletely removed during treatment. To investigate the complex instream processes (e.g., dilution, sorption, degradation, dispersion, etc.) chat can affect ECs following their input from a WWTP and determining if such input is having an effect on the aquatic ecosystem requires the integration of multi-disciplinary efforts at a carefully selected field site. Preliminary work has …