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Articles 19201 - 19230 of 20515
Full-Text Articles in Entire DC Network
Deconstructing Evangelical Theology?, Fernando L. Canale
Deconstructing Evangelical Theology?, Fernando L. Canale
Andrews University Seminary Studies (AUSS)
No abstract provided.
God Vs. The Gavel: Religion And The Rule Of Law [Review] / Marci A. Hamilton., Nicholas Cross
God Vs. The Gavel: Religion And The Rule Of Law [Review] / Marci A. Hamilton., Nicholas Cross
Andrews University Seminary Studies (AUSS)
No abstract provided.
Taiwan's Wto Membership And Its International Implications, Steve Charnovitz
Taiwan's Wto Membership And Its International Implications, Steve Charnovitz
GW Law Faculty Publications & Other Works
In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member. This article explores some implications of this unique situation for Taiwan, for the WTO, and for international law. The article contends that Taiwan's membership in the WTO is not itself a bilateral treaty with China and does not itself change the legal relationship between Taiwan and China. What Taiwan's …
The (Neglected) Employment Dimension Of The World Trade Organization, Steve Charnovitz
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 …
The Common Law As An Iterative Process: A Preliminary Inquiry, Lawrence A. Cunningham
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 …
Public Law Values In A Privatized World, Laura T. Dickinson
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 …
Filartiga’S Legacy In An Era Of Military Privatization, Laura T. Dickinson
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 …
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Jr.
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 …
Coordination, Property & Intellectual Property: An Unconventional Approach To Anticompetitive Effects & Downstream Access, F. Scott Kieff
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 …
Tracer-Test Design For Losing Stream–Aquifer Systems, Malcolm S. Field
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 …
What The Shutts Opt-Out Right Is And What It Ought To Be, Alan B. Morrison
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 …
From Cooperative To Inoperative Federalism: The Perverse Mutation Of Environmental Law And Policy, Robert L. Glicksman
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
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
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
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
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
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 …
Coalition Formation Theories Revisited: An Empirical Investigation Of Aumann's Hypothesis, Vincent Chua, Dan S. Felsenthal
Coalition Formation Theories Revisited: An Empirical Investigation Of Aumann's Hypothesis, Vincent Chua, Dan S. Felsenthal
Research Collection School Of Economics
In one of the earliest attempts to examine the effect of a priori voting power on actual political phenomena, Riker (1959) looked at changes in party affiliation in the French National Assembly in 1953–54, and used these data to test the hypothesis that deputies who switched parties were seeking thereby to increase their a priori voting power. His findings were negative, or at best inconclusive.
The Importance Of Icons For Corporate Identity For Start-Up Companies, Jillian K. Dunn
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 Validation Study Of The Administrator Data Use Survey, Francis Nicholas Sheboy
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
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 …
Buffy Never Goes In Alone: The Rhetorical Construction Of Feminism In Buffy And The Vampire Slayer's Final Season, Susan M. Payne-Mulliken, Valerie R. Renegar
Buffy Never Goes In Alone: The Rhetorical Construction Of Feminism In Buffy And The Vampire Slayer's Final Season, Susan M. Payne-Mulliken, Valerie R. Renegar
Iowa Journal of Communication
This essay is a rhetorical criticism of the final season of Buffy the Vampire Slayer (BtVS) and examines how metaphor is used to rhetorically construct feminist concepts. The essay specifically analyzes the metaphoric construction of the patriarchy and the feminist concept of sisterhood in the final season of BtVS. A thorough analysis reveals that the above ideas, represented via metaphor, are frequent and crucial components of the final season's plot. By using metaphor as a way to shape reality, BtVS communicates feminist ideals to its audience, thereby contributing to their overall perception of the movement.
Front Matter - Table Of Contents
Building Core Competencies In A Turbulent Environment: An Exploratory Study Of Firm Resources And Capabilities In Chinese Transitional Economy, Justin Tan, Shaomin Li, Weian Li
Building Core Competencies In A Turbulent Environment: An Exploratory Study Of Firm Resources And Capabilities In Chinese Transitional Economy, Justin Tan, Shaomin Li, Weian Li
Management Faculty Publications
The impact of firm resources and capabilities on performance among Chinese enterprises has been subject of anecdotal speculation due to its significant implications for organizational researchers as well as practitioners. Yet empirical evidence has been very limited. In this research, set in the People's Republic of China, we examine firm resources and capabilities and their impact on firm performance among Chinese enterprises. Using large sample of 12,047 Chinese firms from 1991 to 1992, we found that most of the firm specific resources and capabilities examined in this study have a positive impact on performance. We discussed the implications for organizational …
Enrolled Nurses' Attitudes, Subjective Norms, Intentions And Behaviour Related To Independent Medication Administration, Donna Sayers
Enrolled Nurses' Attitudes, Subjective Norms, Intentions And Behaviour Related To Independent Medication Administration, Donna Sayers
Theses : Honours
The purpose of this quantitative descriptive research study was to investigate Enrolled Nurses' attitudes, intentions and behaviour in relation to independent medication administration (IMA). This research was necessary as a significant number of Enrolled Nurses (ENs) are now able to administer medications up to Schedule Four level, without supervision when they have completed a medication administration programme (MAP). This change in the scope of practice for the EN will eventually be introduced nationally as recommended by the National Review of Nursing Education (2002). Anecdotal reports suggest that IMA is causing concern for the EN but little or no research has …
The Psychological Implications Of Breast Cancer: A Review Of The Literature ; Shattered Motherhood: Young Mothers Living With Breast Cancer, Kelly Gibson
Theses : Honours
The purpose of this paper is to provide a critical review regarding the psychological implications of breast cancer, with a particular focus on younger women. In general due to their life stage, it appears that younger women have more problems with psychological adjustment to breast cancer compared to their older counterparts. Specifically, younger women appear to be more psychologically vulnerable to greater disruption to their daily lives due to the untimely nature of a breast cancer diagnosis, and have greater unmet practical needs, such as childcare. Limitations of the research literature are explored with specific attention to sample characteristics. Suggestions …
Sex Differentiation And Sexually Dimorphic Disease, Emily A. Jefferson
Sex Differentiation And Sexually Dimorphic Disease, Emily A. Jefferson
Theses : Honours
Sexual dimorphism of the central nervous system is a still widely debated and an area of much research. Conclusive evidence that anatomical and physiological differences in the CNS exist has been reported by post-mortem studies and magnetic resonance imaging (MRI). This present study seeks to contribute to the understanding of the differences in the brain between genders and to ascertain reasons as to why the literature is so varied. A number of structures such as the cerebral cortex, hypothalamic nuclei and the amygdala have proven to be significantly larger within males as opposed to females. The nuclei of the hypothalamus …
Pollen Characteristics Of Grevillea Species Determined By In Vitro Germination, Rebecca Parsons
Pollen Characteristics Of Grevillea Species Determined By In Vitro Germination, Rebecca Parsons
Theses : Honours
Germination of pollen in vitro is a common technique used to assess the ability of pollen to germinate under a variety of conditions. The ability to determine the viability of a pollen grain, and optimal conditions for maximum germination and storage are important for hybridisation. A means of storing pollen, while maintaining viability, enables inter-species hybridisation between species that are spatially and temporally (flowering time) separated. The ultimate aim of hybridisation is seed set and in order to increase this in a genus renowned for a very low fruit to flower ratio, maximum pollen germination must be obtained. Therefore, by …
The Role Of Implicit Memory In Visual Word Recognition: Principles And Processes Of Long- And Short-Term Repetition Priming, Matthew Robert Merema
The Role Of Implicit Memory In Visual Word Recognition: Principles And Processes Of Long- And Short-Term Repetition Priming, Matthew Robert Merema
Theses : Honours
This review examines the role of long- and short-term repetition priming research in the theoretical debate between episodic and abstractionist accounts of implicit memory. The empirical research and theoretical accounts of priming reviewed indicate that neither episodic or abstractionist theories alone can successfully account for the processes of long- and short-term repetition priming. The major variations between studies in experimental methods used to measure repetition priming are also examined, providing a possible explanation for contrasting results obtained within repetition priming research and a reason for why the episodic versus abstractionist debate persists. Finally, research examining the underlying mechanisms responsible for …
Evaluating The Impact Of Peer Review And Participation Awareness In An Online Collaborative Document Authoring Environment, Greg Baatard
Evaluating The Impact Of Peer Review And Participation Awareness In An Online Collaborative Document Authoring Environment, Greg Baatard
Theses : Honours
Online Learning Environments (OLEs) have been widely adopted by higher education facilities, offering distance education with the potential to support the social and collaborative aspects deemed crucial to modern constructivist pedagogy. Groupware, a form of software which aims to facilitate group work, has been the subject of much research, from both educational and enterprise perspectives. This research introduced Reportal, an online groupware system designed to facilitate the collaborative authoring of a document. Reportal's peer review and participation awareness features were the focus of this research, and their impact was measured against the elements of online collaboration, a typology established by …