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2006

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Analysis Of The Role Of Residential Segregation On Perinatal Outcomes In Florida, Georgia And Louisiana, Tabia Henry Akintobi Jan 2006

Analysis Of The Role Of Residential Segregation On Perinatal Outcomes In Florida, Georgia And Louisiana, Tabia Henry Akintobi

USF Tampa Graduate Theses and Dissertations

The purpose of this study was to investigate the relationship between residential segregation (the physical separation of Blacks and Whites in residential contexts) and adverse perinatal outcomes (low birth weight, preterm delivery and small for gestational age births) in Florida, Georgia and Louisiana. The study determined the independent effect of the level of residential segregation on the likelihood of adverse perinatal outcomes after controlling for contextual and individual factors. The study also assessed whether the relationship between residential segregation and adverse perinatal outcomes were moderated by ethnicity and median income.The studied employed an observational, cross-sectional study design that utilized secondary …

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Another Paradise Lost? : A Case Study Of Nation Building In East Timor, Brendan Paul Mcshanag Jan 2006

Another Paradise Lost? : A Case Study Of Nation Building In East Timor, Brendan Paul Mcshanag

Theses : Honours

This thesis examines the form of reconstruction intervention known as 'nation building', through a case study of the United Nations led operation in East Timor that began in 1999. It examines how the idea of the nation and statehood first arose, and how these ideals are still prevalent in modern nation building interventions. The thesis also examines the weaknesses and ambiguities that have become associated with nation building, and how such weaknesses have found a common thread through subsequent interventions The thesis then uses the case study of the intervention in East Timor, dividing the operation in to three stages; …

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Finding The Watermark: A Filmic Response To Domestic Abuse Within Australian Film From 1970 - 2006, Erin Nichols Jan 2006

Finding The Watermark: A Filmic Response To Domestic Abuse Within Australian Film From 1970 - 2006, Erin Nichols

Theses : Honours

Due to various social, international and economic encumbrances, Australian film has made a limited foray into the representation of domestic abuse. A limited number of films have been made on this topic since the early 1970's, and even then, the depiction of this social issue has been watered down and sanitised for mainstream consumption. It is the author's belief that the filmmaker has an important and highly influential opportunity to present a social commentary on issues and must not shirk that responsibility. The film project supported by this exegesis responds to the above concerns and the priority has been to …

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Dilemma Of Cancer Screening In Pakistan, Hassan Khan, Mohammad Irfanulhaq Khawaja, Muhammad Rizwanulhaq Khawaja Jan 2006

Dilemma Of Cancer Screening In Pakistan, Hassan Khan, Mohammad Irfanulhaq Khawaja, Muhammad Rizwanulhaq Khawaja

Medical College Documents

In the scenario of limited resources for implementation of screening programmes in Pakistan, the only practical option for early detection is through mass education about cancers, their risk factors, screening modalities and presentation symptoms.

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Deconstructing Evangelical Theology?, Fernando L. Canale Jan 2006

Deconstructing Evangelical Theology?, Fernando L. Canale

Andrews University Seminary Studies (AUSS)

No abstract provided.

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The Techniques Of The Sacrifice Of Animals In Ancient Israel And Ancient Mesopotamia: New Insights Through Comparison, Part 2, Joann Scurlock Jan 2006

The Techniques Of The Sacrifice Of Animals In Ancient Israel And Ancient Mesopotamia: New Insights Through Comparison, Part 2, Joann Scurlock

Andrews University Seminary Studies (AUSS)

No abstract provided.

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God Vs. The Gavel: Religion And The Rule Of Law [Review] / Marci A. Hamilton., Nicholas Cross Jan 2006

God Vs. The Gavel: Religion And The Rule Of Law [Review] / Marci A. Hamilton., Nicholas Cross

Andrews University Seminary Studies (AUSS)

No abstract provided.

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The Road To Clarity: Seventh-Day Adventism In Madagascar [Review] / Eva Keller., Stefan Hoschele Jan 2006

The Road To Clarity: Seventh-Day Adventism In Madagascar [Review] / Eva Keller., Stefan Hoschele

Andrews University Seminary Studies (AUSS)

No abstract provided.

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Historical Dictionary Of The Seventh-Day Adventists [Review] / Gary Land., Roger L. Dudley Jan 2006

Historical Dictionary Of The Seventh-Day Adventists [Review] / Gary Land., Roger L. Dudley

Andrews University Seminary Studies (AUSS)

No abstract provided.

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Emanuel: Studies In Hebrew Bible, Septuagint, And Dead Sea Scrolls In Honor Of Emanuel Tov [Review] / Edited By Shalom M. Paul ... [Et Al.]; With The Assistance Of Eva Ben-David., Martin T. Probstle Jan 2006

Emanuel: Studies In Hebrew Bible, Septuagint, And Dead Sea Scrolls In Honor Of Emanuel Tov [Review] / Edited By Shalom M. Paul ... [Et Al.]; With The Assistance Of Eva Ben-David., Martin T. Probstle

Andrews University Seminary Studies (AUSS)

No abstract provided.

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Taiwan's Wto Membership And Its International Implications, Steve Charnovitz Jan 2006

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 …

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The (Neglected) Employment Dimension Of The World Trade Organization, Steve Charnovitz Jan 2006

The (Neglected) Employment Dimension Of The World Trade Organization, Steve Charnovitz

GW Law Faculty Publications & Other Works

A key assumption underlying the World Trade Organization (WTO) is that its program of trade negotiations will strengthen the world economy and lead to more trade, investment, employment and income growth throughout the world. In the author's view, the WTO truly is strengthening the world economy and promoting trade and investment in many parts of the world. Yet the rest of the thesis is debatable. Is it necessarily true that the WTO and the trade negotiations it sponsors are increasing employment and income growth throughout the world? Indeed, even aggregating the world economy into one planetary unit, one wonders whether …

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The Common Law As An Iterative Process: A Preliminary Inquiry, Lawrence A. Cunningham Jan 2006

The Common Law As An Iterative Process: A Preliminary Inquiry, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

The common law often is casually referred to as an iterative process without much attention given to the detailed attributes such processes exhibit. This Article explores this characterization, uncovering how common law as an iterative process is one of endless repetition that is simultaneously stable and dynamic, self-similar but evolving, complex yet simple. These attributes constrain the systemic significance of judicial discretion and also confirm the wisdom of traditional approaches to studying and learning law. As an iterative system, common law exhibits what physicists call sensitive dependence on initial conditions. This generates a path dependency from which it may be …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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) …

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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 …

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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.

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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 …

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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 …

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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 …

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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 …

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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 …

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