Digital Commons Network^™

Vicious Dog Laws Unconstitutional In Ohio, Joan Schaffner, Barbara J. Gislason

GW Law Faculty Publications & Other Works

On March 3, 2006, an Ohio appeals court issued a landmark decision in City of Toledo v. Tellings, 2006 WL 513946 (Ohio App. 6 Dist), which may affect pit bulls and pit bull "look-a-likes" and their owners nationwide. Tellings was the owner of three pit bulls. The warden killed one of his pit bulls and criminally charged Tellings with two violations of the local Toledo ordinance limiting ownership to one vicious dog per household and two violations of the state statute requiring liability insurance with ownership of a vicious dog. The vicious dog laws on Ohio include pit bulls in …

Women In The Workplace: Which Women, Which Agenda?, Michael Selmi, Naomi R. Cahn

GW Law Faculty Publications & Other Works

Much of the work family literature that has blossomed over the last decade has focused on professional women and has emphasized policy changes that would be of less utility to many other working women and men. In this symposium contribution, we explore the recent data on working time to demonstrate that in today's economy more women are underemployed rather than overemployed. We also demonstrate that although professional women tend to work the longest hours, they also tend to have the greatest means, both in income and workplace benefits, to support them in achieving a workable balance between their work and …

Race In The City: The Triumph Of Diversity And The Loss Of Integration, Michael Selmi

GW Law Faculty Publications & Other Works

This symposium piece explores the current state of our cities with a particular emphasis on political power, education and housing, and examines whether our move away from integration and towards diversity has been a trade worth making. Despite the transformation of most of the largest cities to majority-minority status, the latest data indicate that our housing remains deeply segregated, and urban schools deeply troubled, and in many instances, whites have been able to retain political power. The increased emphasis on diversity has not translated into the expected multicultural renaissance. The essay also explores the emerging issues relating to the ascendancy …

The Originalist's Dilemma, Peter J. Smith

GW Law Faculty Publications & Other Works

In response to Anti-Federalist complaints that the Constitution was dangerous because it was ambiguous, James Madison and Alexander Hamilton argued that judges would construe the Constitution in the same manner that they construed statutes, and in the process would fix the meaning of ambiguous constitutional provisions. In other words, the original understanding was that constitutional ambiguities would be resolved, among other means, through adjudication. During his lengthy tenure, Chief Justice John Marshall had ample occasion to fix constitutional meaning, and he presided over a Court that resolved many constitutional ambiguities according to a nationalistic view of the relationship between the …

A Taxonomy Of Privacy, Daniel J. Solove

GW Law Faculty Publications & Other Works

Privacy is a concept in disarray. Nobody can articulate what it means. As one commentator has observed, privacy suffers from an embarrassment of meanings. Privacy is far too vague a concept to guide adjudication and lawmaking, as abstract incantations of the importance of privacy do not fare well when pitted against more concretely-stated countervailing interests.

In 1960, the famous torts scholar William Prosser attempted to make sense of the landscape of privacy law by identifying four different interests. But Prosser focused only on tort law, and the law of information privacy is significantly more vast and complex, extending to Fourth …

A Brief History Of Information Privacy Law, Daniel J. Solove

GW Law Faculty Publications & Other Works

This book chapter provides a brief history of information privacy law in the United States from colonial times to the present. It discusses the development of the common law torts, Fourth Amendment law, the constitutional right to information privacy, numerous federal statutes pertaining to privacy, electronic surveillance laws, and more. It explores how the law has emerged and changed in response to new technologies that have increased the collection, dissemination, and use of personal information.

A Model Regime Of Privacy Protection, Daniel J. Solove

GW Law Faculty Publications & Other Works

A series of major security breaches at companies with sensitive personal information has sparked significant attention to the problems with privacy protection in the United States. Currently, the privacy protections in the United States are riddled with gaps and weak spots. Although most industrialized nations have comprehensive data protection laws, the United States has maintained a sectoral approach where certain industries are covered and others are not. In particular, emerging companies known as "commercial data brokers" have frequently slipped through the cracks of U.S. privacy law. In this article, the authors propose a Model Privacy Regime to address the problems …

A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove

GW Law Faculty Publications & Other Works

This short essay was written for the symposium, Bloggership: How Blogs are Transforming Legal Scholarship, held at Harvard Law School on April 27-28, 2006. In this essay, Professor Solove examines Glenn Reynold's new book, An Army of Davids, which champions little guy bloggers (the Davids) who are taking on mainstream media entities (the Goliaths).

Who exactly is David? We have a rather romantic conception of bloggers; we envision Eugene Volokh, but most bloggers are probably more akin to Jessica Cutler, the U.S. Senate staffer who blogged about sex gossip. The average blogger is a teenager writing an online diary, not …

The Multistate Bar Exam As A Theory Of Law, Daniel J. Solove

GW Law Faculty Publications & Other Works

What if the Bar Exam were read as a work of jurisprudence? What is its theory of law? How does the Bar Exam compare to works of jurisprudence by H.L.A. Hart, Ronald Dworkin, Karl Llewellyn, and others? This short tongue-in-cheek book review of the Bar Exam seeks to answer these questions. Each year, thousands of lawyers-to-be ponder over it, learning its profound teachings on the meaning of the law. They study it for months, devoting more time to it than practically any other jurisprudential text. It therefore comes as a great surprise that such a widely read and studied work …

No Child Left Behind (2001) And High Stakes Tests : How They Affect Teachers' Experiences In The Classroom, Emily N. Olson

Dissertations and Theses @ UNI

The purpose of this study is to investigate whether No Child Left Behind (2001) and high-stakes tests affect teachers' experiences in the classroom, in areas such as instruction, attitude/anxiety, and job satisfaction. This study also investigates whether teachers in schools labeled "in need of improvement" are affected differently than teachers in schools that are not labeled. Thirty-eight teachers in four urban elementary schools in Iowa who work with 3rd, 4th, and 5th grade students responded to a 30-question survey that used a 5-point Likert scale. Data were analyzed using descriptive statistics as well as ANOVA to investigate a possible difference …

A Review Of Achievement Goal Theory In Physical Education, Julie A. Jahn

Graduate Research Papers

Terrell H. Bell once said there are three things to remember about education. The first one is motivation. The second one is motivation. The third one is motivation. These simple, yet profound words state the clear truth about the journey through education. To teachers, students, administrators, or parents - these words speak volumes. Motivation can be viewed as students' biggest asset or their biggest problem. All children are motivated to do something; however it may not always be what the teacher desires. Teachers want their students to achieve the product of learning, but they also want them to enjoy and …

Iowa Academy Of Science 118th Annual Meeting [2006]: Advance Program, Iowa Academy Of Science

Iowa Academy of Science Documents

Contains information about the schedule and presentations for the 2006 annual meeting of the Iowa Academy of Science.

Place As Metonym And Metaphore In Joyce Carol Oates's "Shopping", Robert Preissle

Short Story

No abstract provided.

Notes On Contributors

Short Story

No abstract provided.

Nesting Like Birds, Teaching Like Spiders: Emerging Visions In U.S. Higher Education For Biocultural Sustainability And Ecological Literacy Education, Ariana Marta Francesca Kramer

Dissertations and Theses

Sustainability education is a growing field still being defined. It draws from environmental education, but includes social justice and economic equity alongside environmental health. International efforts to define the parameters of sustainability education at the university level have called for interdisciplinary approaches that emphasize culture. However, in the United States most programs concerned with sustainability follow in the footsteps of environmental studies with a focus on science and public policy.

Seven interdisciplinary master's programs in sustainability education were reviewed as potential models for how the larger university system might approach teaching for sustainability. Document analysis was used to compare program …

Puncturing Ability Of Idealized Canine Teeth: Edged And Non-Edged Shanks, Patricia W. Freeman, Cliff A. Lemen

School of Natural Resources: Faculty Publications

Idealized edged and non-edged indenters, mimicking canine teeth, were used to puncture thin materials and thick materials. Less force was needed for the edged (triangular in cross section) indenter to penetrate thin Mylar, paper, leather, beetle elytra and turkey skin than the non-edged (circular in cross-section) indenter. Oak, grass and magnolia leaves responded equally to both indenters. In thick materials, the edged indenter punctured beetles, shrimp, bananas, and chicken flesh more easily than the non-edged indenter. Apple, tomato and avocado were punctured equally well. The edged indenter directs cracks at the corners so that the material can fold away in …

Service Quality, Customer Satisfaction And Customer Loyalty In Consumer Electronics E-Tailers: A Structural Equation Modeling Approach, Kuang-Wen Wu

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The E-S-QUAL and E-RecS-QUAL scales have been successfully tested in a study by Parasuraman, Zeithaml, and Malhotra (2005). However, E-S-QUAL and E-RecS­ QUAL are newly developed and lack specific application to different types of e-business. This non-experimental, correlational study is the first to examine and explore the relationships among electronic service quality, customer satisfaction, and customer loyalty for consumer electronics e-tailers.

Using quota and snowball sampling, participants from the continental United States received e-mail invitations and voluntarily forwarded the e-mail invitations to their friends and family. A total of 276 participants completed the online survey. This study's demographic characteristics included …

What Is Dilution, Anyway?, Stacey Dogan

Faculty Scholarship

Ever since the Supreme Court decided Moseley v. V Secret Catalogue, Inc. in 2003, an amendment to the Federal Trademark Dilution Act (“FTDA”) has appeared inevitable. Congress almost certainly meant to adopt a “likelihood of dilution” standard in the original statute, and the 2006 revisions correct its sloppy drafting. Substituting a “likelihood of dilution” standard for “actual dilution,” however, does not resolve a deeper philosophical question that has always lurked in the dilution debate: what is dilution, and how does one prove or disprove its probability? The statutory definition notwithstanding, this issue remains largely unanswered, leaving the courts with the …

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Faculty Scholarship

What is “transnational” criminal law? One possibility is foreign criminal law, meaning the scope and substance of what is deemed criminal behavior in other lands and the theories that ostensibly justify punishing for such behavior, indeed deeming it criminal in the first place. Another is foreign criminal procedure, the “how” of foreign criminal law’s “what” and “why”: the rules and practices of investigating crime, prosecuting suspected criminals, and adjudicating criminal cases in other lands or systems. More common meanings, judging from articles in U.S. law reviews, are comparative criminal law and comparative criminal procedure, though these might differ from their …

Oliver Wendell Holmes, Jr.: The Judge As Celebrity, David J. Seipp

Faculty Scholarship

No abstract provided.

Genealogies Of Soft Law, Anna Di Robilant

Faculty Scholarship

The relatively recent blossoming of multiple soft law tools and the calls for a soft harmonization of European private law have invited reflection on the genealogy of soft law. Genealogical arguments have come to play a critical role in the heated European soft law v. hard law debate. While some find the ancestors of soft law in the medieval legal regime and particularly the lex mercatoria, others link soft law to a prolific strand of 19th and early 20th century theories of social law and legal pluralism. At times explicitly invoked, more often im plicitly alluded to, the neo-medieval genealogy …

Estimates Of Patent Rents From Firm Market Value, James Bessen

Faculty Scholarship

The value of patent rents is an important quantity for policy analysis. However, estimates in the literature based on patent renewals might be understated. Market value regressions could provide validation, but they have not had clear theoretical foundations for estimating patent rents. I develop a simple model to make upper bound estimates of patent rents using regressions on Tobin's Q. I test this on a sample of US firms and find it robust to a variety of considerations. My estimates correspond well with estimates based on patentee behavior outside the pharmaceutical industry, but renewal estimates might be understated for pharmaceuticals.

The U.S. Supreme Court And Medical Ethics: From Contraception To Managed Health Care, George J. Annas

Faculty Scholarship

Review of The U.S. Supreme Court and Medical Ethics: From Contraception to Managed Health Care (2004) by Bryan Hilliard

Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey

Faculty Scholarship

The Supreme Court has penned countless words about the sound of statutory silence.' On March 29, 2005, the Court once again grappled with the meaning of silence in a statute, splitting along familiar 5-4 lines in Jackson v. Birmingham Board of Education.² When the dust cleared, a male coach of a high school girls' basketball team, who was fired in retaliation for protecting his players' Title IX³ rights, possessed a private right of action arising from the statute itself.⁴ Although the Court has retreated from its high-water mark of implying private rights of action,⁵ in …

Failing The Future: Development Objectives, Human Rights Obligations And Gender Violence In Schools, Erika George

Faculty Scholarship

Recognizing that school based gender violence is a global phenomenon that has remained largely unexplored, despite numerous international commitments to promote girls’ education, this chapter outlines recent international development policy objectives and priorities relating to gender equality and education. It then positions these development priorities against the international human rights legal framework. Finally, the chapter concludes that failure to bridge the gap between development priorities and human rights principles by fully appreciating the costs and consequences of school-based gender violence in terms of the discrimination that it is will ensure global failure to achieve gender equality in education well into …

Indecent Standards: The Case Of U.S. Versus Weldon Angelos, Eva Nilsen

Faculty Scholarship

In today's highly punitive culture, perhaps Weldon Angelos' fifty-five-year sentence does not seem unusual. He's a 25-year-old man who was convicted in December 2003 of selling marijuana, possessing firearms while drug dealing, and money laundering. ³ The facts proven at trial are that on three occasions in June and July, 2002, Angelos sold eight one-ounce bags of marijuana for $350 each to a government informant. ⁴ The purchaser testified that a firearm was visible during two of these drug sales.⁵ Police seized another gun from Angelos' home five months later pursuant to a warrant.⁶ At no time was …

China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter

All Faculty Publications

The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …

Friendships,Romantic Relationsips,And The Importance Of Self-Expansion., Mami Kashiwabara

All-Inclusive List of Electronic Theses and Dissertations

Self-expansion theory (Aron & Aron, 1986) posits that individuals enter and maintain relationships in order to expand their sense of self and suggests that expanding the sense of self is a basic human motivation. In this study, I examined whether the perceived opportunities for self-expansion within a relationship predicted feelings of closeness and passion for a partner, and unlike many previous studies, I explored the importance of self-expansion in friendships as well as romantic relationships. I also explored individual differences in the importance of self-expansion opportunities in predicting closeness and passion. The results suggest that opportunities for self-expansion may motivate …

Adolescent Fears And Anxieties: A Comparative Analysis Of Parents' And Teachers' Perceptions Of Adolescent Differences, Carolyn B. Milner

All-Inclusive List of Electronic Theses and Dissertations

The purposes of the study were (1) to compare parents and teachers and students perceptions of students' fears and anxieties, and (2) to determine if there were differences in students' fears and anxieties based on grade level or gender. This study was quantitative in nature. Four hundred eighty-six middle school students in a five through eight configuration, and their parents and teachers were included in the sample. Two surveys were given: The Middle Level Survey was created by the researcher, and the Comprehensive Assessment of School Climate is a National Study of School Evaluation (NSSE) product created by Kelley, Glover, …

Assessing Risk For Violent Recidivism: A Comparison Of The Psychopathy Checklist—Revised And The Child And Adolescent Taxon Scale When Calculating Violence Risk Appraisal Guide Scores, Joseph Calvin Bolton Iii

All-Inclusive List of Electronic Theses and Dissertations

The Violence Risk Appraisal Guide (VRAG) is the tool of choice when conducting forensic assessments of risk, and consists of 12-items correlated with violent recidivism. One of these items is level of psychopathy, which is normally assessed via the Psychopathy Checklist---Revised (PCL-R). The PCL-R is a 20-item instrument, based on an interview and a review of collateral information, which provides a score reflecting severity of psychopathy. The Child and Adolescent Taxon Scale (CATS) also provides an index of psychopathy, but is comprised of only 8-items. There is no interview associated with the CATS, and items are scored based on retrospective …