Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2006

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 42931 - 42960 of 45100

Full-Text Articles in Entire DC Network

The Sarbanes-Oxley Act: Legal Implications And Research Opportunities, Lawrence A. Cunningham, Stephen Kwaku Asare, Arnold Wright Jan 2006

The Sarbanes-Oxley Act: Legal Implications And Research Opportunities, Lawrence A. Cunningham, Stephen Kwaku Asare, Arnold Wright

GW Law Faculty Publications & Other Works

Congress passed the Sarbanes Oxley Act to restore investor confidence, which had been deflated by massive business and audit failures, epitomized by the demise of the Enron Corporation and Arthur Anderson LLP. The Act altered the roles and responsibilities of auditors, corporate officers, audit committee members, as well as other participants in the financial reporting process. We evaluate the potential legal implications of some of the Act's major provisions and anticipate participants' likely responses. Our evaluation suggests that these provisions will significantly change behavior, increase compliance costs and alter the legal landscape. We also identify promising avenues for future research …

Go to article

Public Law Values In A Privatized World, Laura T. Dickinson Jan 2006

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 …

Go to article

Filartiga’S Legacy In An Era Of Military Privatization, Laura T. Dickinson Jan 2006

Filartiga’S Legacy In An Era Of Military Privatization, Laura T. Dickinson

GW Law Faculty Publications & Other Works

Filartiga v. Pena-Irala established the idea that domestic tort suits might be brought under the Alien Tort Claims Act ("ATCA") against those accused of violating human rights norms. But what is the legacy of this case in an era of military privatization? Are there available legal responses to what we might call the privatization of torture? In the Abu Ghraib prison in Iraq, where detainees were tortured and abused, the individuals involved in the torture included not only members of the military, but contractors hired from the private sector. Because U.S. constitutional scrutiny traditionally applies only to state actors, privatization …

Go to article

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Jr. Jan 2006

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Jr.

GW Law Faculty Publications & Other Works

For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to be a mandatory prerequisite to a federal court's exercise of criminal subject matter jurisdiction. Under that view of the Grand Jury Clause, a defendant in a federal felony case could neither waive nor forfeit the right to grand jury indictment. A critical examination of the historical evidence reveals that the legal realist criminal procedure reform project of the early twentieth century advanced a pragmatic critique of the usefulness of the grand jury that culminated in a provision of the Federal Rules of Criminal …

Go to article

Coordination, Property & Intellectual Property: An Unconventional Approach To Anticompetitive Effects & Downstream Access, F. Scott Kieff Jan 2006

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 …

Go to article

Salt Ingestion Caves, Charles A. Lundquist, William W. Varnedoe Jr. Jan 2006

Salt Ingestion Caves, Charles A. Lundquist, William W. Varnedoe Jr.

International Journal of Speleology

Large vertebrate herbivores, when they find a salt-bearing layer of rock, say in a cliff face, can produce sizable voids where, over generations, they have removed and consumed salty rock. The cavities formed by this natural animal process constitute a unique class of caves that can be called salt ingestion caves. Several examples of such caves are described in various publications. An example in Mississippi U.S.A., Rock House Cave, was visited by the authors in 2000. It seems to have been formed by deer or bison. Perhaps the most spectacular example is Kitum Cave in Kenya. This cave has been …

Go to article

Unconfined Versus Confined Speleogenetic Settings: Variations Of Solution Porosity, Alexander Klimchouk Jan 2006

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 …

Go to article

Tracer-Test Design For Losing Stream–Aquifer Systems, Malcolm S. Field Jan 2006

Tracer-Test Design For Losing Stream–Aquifer Systems, Malcolm S. Field

International Journal of Speleology

Hydrological tracer testing is an effective way for assessing the significance and extent of leakage through the bed of an influent (losing and sinking) stream. In karstic terranes, leakage from losing and sinking streams typically resurge at downstream springs, but flow may be intercepted by production wells. Although sinking streams that disappear into swallow holes and caves are relatively easy to trace, developing a tracer test design for a losing stream that allows slow percolation through its bed is complicated by the lack of basic knowledge regarding leakage rate, leakage locations along its length, and temporal variability. To overcome these …

Go to article

What The Shutts Opt-Out Right Is And What It Ought To Be, Alan B. Morrison Jan 2006

What The Shutts Opt-Out Right Is And What It Ought To Be, Alan B. Morrison

GW Law Faculty Publications & Other Works

This article discusses the ramifications of the U.S. Supreme Court's decision in Phillips Petrolem v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement their ideas about …

Go to article

Vashegyite From Gaura Cu Muscă Cave (Locvei Mountains, Romania): A New And Rare Phosphate Occurrence, Bogdan P. Onac, Luminiţa Zaharia, Joe Kearns, Daniel Veres Jan 2006

Vashegyite From Gaura Cu Muscă Cave (Locvei Mountains, Romania): A New And Rare Phosphate Occurrence, Bogdan P. Onac, Luminiţa Zaharia, Joe Kearns, Daniel Veres

International Journal of Speleology

This study investigated the occurrence of vashegyite from a guano-rich deposit located in the Gaura cu Muscă Cave, Romania. Analytical methods used include optical microscopy, X-ray powder diffraction (XRD), scanning electron-microscopy (SEM), inductively coupled plasma-atomic emission spectrometry (ICP-AES), thermal investigations and Fourier-transform infrared (FT-IR) analyses. Vashegyite occurs as friable, chalky white, irregular nodules of up to 2.5 cm in diameter, within a 15 cm thick sequence of organic and minerogenic sediments. The chemical structural formula is: (Al10.91Fe3+0.06Na0.1Ca0.02Mg0.08)Σ=11.17[(PO4)8.78(SiO4)0.056]Σ=8.83(OH) …

Go to article

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 …

Go to article

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.

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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 …

Go to article

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.

Go to article

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 …

Go to article

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.

Go to article

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 …

Go to article

A Study Of Factors Influencing The Occurrence Of Algae Bloom (Hab) Along The Abu Dhabi Coast, Uae., Buthaina Salem Saeed Al Qubaisi Jan 2006

A Study Of Factors Influencing The Occurrence Of Algae Bloom (Hab) Along The Abu Dhabi Coast, Uae., Buthaina Salem Saeed Al Qubaisi

Theses

During last few years, the frequency of Harmful Algal Bloom (HAB) has increased worldwide. The occurrence of HAB in the Gulf region has only recently been recorded in the United Arab Emirates (UAE). Specifically, these occurrences have not been thoroughly investigated. This phenomena, was found to be associated with the increase in nutrient load, depletion of oxygen and a significant decrease in fish populations that is caused by a bloom of a certain phytoplankton species, results in economic and social problems. Therefore, the Environment Agency-Abu Dhabi (EAD) has decided to conduct a study on different aspects of this phenomenon of …

Go to article

Fabrication Of Array Microstructures By Localized Electro-Deposition, Nidal Khalaf Alshwawreh Jan 2006

Fabrication Of Array Microstructures By Localized Electro-Deposition, Nidal Khalaf Alshwawreh

Theses

Localized Electro-Deposition (LED) is now highly receiving scientists and researchers attention for its advantages over conventional fabrication techniques. These advantages include simplicity of the setup thus reducing the overall fabrication cost, capability of producing 2D and 3D high aspect ratio microstructures and its ability to fabricate microstructures from various raw materials. Efforts now are taking place in order to standardize the fabrication by LED to develop a commercial setup that is capable of producing complex microstructures which, in tum, can be integrated in different applications including microelectronics, microelectrochemical systems (MEMS) and sensors applications. The standardization process is performed by studying …

Go to article

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)

.

Go to article

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)

.

Go to article

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)

.

Go to article

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)

.

Go to article

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)

.

Go to article

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)

.

Go to article

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 …

Go to article

First Prev Next Last