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Articles 24931 - 24960 of 25662
Full-Text Articles in Entire DC Network
Life Of Christ, William Hackett
Life Of Christ And Acts, Robby Waddell Dr.
Life Of Christ, William Hackett
Bint 3522 Neu Sp07, Terris Neuman Dr.
The Revisionary Potential Of "Abba! Father!" In The Letters Of Paul, Sigve K. Tonstad
The Revisionary Potential Of "Abba! Father!" In The Letters Of Paul, Sigve K. Tonstad
Andrews University Seminary Studies (AUSS)
No abstract provided.
Popes And Presidents: The Relationship Of Domestic Politics And Religion In International Affairs, Jane Sabes
Popes And Presidents: The Relationship Of Domestic Politics And Religion In International Affairs, Jane Sabes
Andrews University Seminary Studies (AUSS)
No abstract provided.
Creator, Creation, And Church: Restoring Ecology To Theology, Joann Davidson
Creator, Creation, And Church: Restoring Ecology To Theology, Joann Davidson
Andrews University Seminary Studies (AUSS)
No abstract provided.
Theology And Life: Attending To The Gap, Miroslav M. Kis
Theology And Life: Attending To The Gap, Miroslav M. Kis
Andrews University Seminary Studies (AUSS)
No abstract provided.
Beyond Liability: Rewarding Effective Gatekeepers, Lawrence A. Cunningham
Beyond Liability: Rewarding Effective Gatekeepers, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
This Article adds to the emerging literature on rewards to promote effective capital market gatekeeping. Capital market gatekeeping theory traditionally relies heavily on threats of legal liability for failure to perform legally mandated functions (along with a presumed constraint imposed by reputation effects). The ineffectiveness of many gatekeepers in the past decade revealed limitations of the liability strategy and yet reforms continue to emphasize legal duties and liability for gatekeepers. This emphasis also has the negative side-effect of discouraging gatekeepers from willingness to perform desired functions - such as to detect for fraud. Using rewards can induce gatekeepers to perform …
A Prescription To Retire The Rhetoric Of 'Principles-Based Systems' In Corporate Law, Securities Regulation And Accounting, Lawrence A. Cunningham
A Prescription To Retire The Rhetoric Of 'Principles-Based Systems' In Corporate Law, Securities Regulation And Accounting, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
This Article corrects widespread misconception about whether complex regulatory systems can be fairly described as either "rules-based" or "principles-based" (also called "standards-based"). Promiscuous use of these labels has proliferated in the years since the implosion of Enron Corp. While the concepts of rules and principles (or standards) are useful to classify individual provisions, they are not scalable to the level of complex regulatory systems. The Article uses examples from corporate law, securities regulation and accounting to illustrate this problematic phenomenon before turning to a series of possible explanations for the widespread use of these misleading labels. The piece contributes to …
Marriages Of Convenience: International Marriage Brokers, 'Mail-Order Brides,' And Domestic Servitude, Suzanne H. Jackson
Marriages Of Convenience: International Marriage Brokers, 'Mail-Order Brides,' And Domestic Servitude, Suzanne H. Jackson
GW Law Faculty Publications & Other Works
The International Marriage Broker Regulation Act of 2005 (IMBRA) expands federal regulation of the burgeoning "mail-order bride" industry by requiring international matchmaking agencies to conduct minimal criminal background checks on their U.S.-based clients and disclose the results to participating women, obtaining their signed consent before releasing any contact information to male clients. Two federal suits challenging IMBRA complain that it violates equal protection guarantees by exempting not-for-profit and religious matchmaking agencies, and violates First Amendment protections for commercial speech by regulating the agencies' communications with its clients. Defenders of the law's constitutionality accurately but incompletely describe IMBRA's purpose as preventing …
Campaign Speech And Contextual Analysis, Miriam Galston
Campaign Speech And Contextual Analysis, Miriam Galston
GW Law Faculty Publications & Other Works
Recent developments - such as a wave of FEC enforcement actions, the FEC's publication of its case by case approach to determining political committee status, and the Supreme Court's decision in FEC v. Wisconsin Right to Life - have made it necessary to reconsider the kinds of campaign finance reforms desirable and constitutionally permissible. This Article examines the proposition that, if section 527 groups and groups exempt under section 501 of the Internal Revenue Code are part of a network of commonly managed organizations, then the FEC should decide whether they need to register as political committees under the Federal …
Evolving Geneva Convention Paradigms In The 'War On Terrorism': Applying The Core Rules To The Release Of Persons Deemed 'Unprivileged Combatants', Sean D. Murphy
GW Law Faculty Publications & Other Works
The purpose of this essay, written in late 2006, is to take stock of the current application of the Geneva Conventions in the global "war on terrorism," including interpretations recently taken by the U.S. Supreme Court in the Hamdan case. The Geneva Conventions and the laws of war more generally comprise a sophisticated regulatory regime whose rules can and should be closely analyzed by lawyers. Yet, like all law, the inevitable imprecision in the rules presents opportunities for governments to exploit gray areas so as to augment governmental authority, and to avoid sensible interpretations that will protect individuals from overreaching …
How The United States Might Justify A Preemptive Strike On A Rogue Nation's Nuclear Weapon Development Facilities Under The U.N. Charter, Gregory E. Maggs
How The United States Might Justify A Preemptive Strike On A Rogue Nation's Nuclear Weapon Development Facilities Under The U.N. Charter, Gregory E. Maggs
GW Law Faculty Publications & Other Works
This essay addresses a legal question: "Under the United Nations Charter, how might the United States justify a preemptive strike on a rogue nation's nuclear weapon development facilities?" The essay answers this question by arguing that the United States would not have to rely on controversial theories like "self-defense in response to an imminent attack" or "anticipatory self-defense." On the contrary, as this essay demonstrates with numerous recent and widely-publicized examples, the nations that the United States most likely would strike, Iran and North Korea, constantly are engaging in conventional armed attacks and other aggression against allies of the United …
Global Climate Change And The Risks To Coastal Areas From Hurricanes And Rising Sea Levels: The Costs Of Doing Nothing, Robert L. Glicksman
Global Climate Change And The Risks To Coastal Areas From Hurricanes And Rising Sea Levels: The Costs Of Doing Nothing, Robert L. Glicksman
GW Law Faculty Publications & Other Works
In the wake of Hurricane Katrina, attention has focused on a pair of threats to low-lying coastal areas. Scientists have begun a debate over the possible impact of global climate change on hurricane intensity. Some scientists take the position that recent increases in hurricane intensity in the North Atlantic are due, at least in part, to increases in sea surface temperatures caused by human-induced global climate change. Others believe that those increases are largely due to natural fluctuations in weather patterns such as the Atlantic Multidecadal Oscillation. There is little debate over a second threat to coastal areas. The broad …
Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based V. Cooperative Enforcement, Robert L. Glicksman, Dietrich Earnhart
Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based V. Cooperative Enforcement, Robert L. Glicksman, Dietrich Earnhart
GW Law Faculty Publications & Other Works
For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws - the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of environmental enforcement. These supporters also regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their …
Seasonal Variations Of Co2 And 222Rn In A Mediterranean Sinkhole - Spring (Causse D’Aumelas, Se France), Christelle Batiot-Guilhe, Jean-Luc Seidel, Hervé Jourde, Olivier Hébrard, Vincent Bailly-Comte
Seasonal Variations Of Co2 And 222Rn In A Mediterranean Sinkhole - Spring (Causse D’Aumelas, Se France), Christelle Batiot-Guilhe, Jean-Luc Seidel, Hervé Jourde, Olivier Hébrard, Vincent Bailly-Comte
International Journal of Speleology
Carbon dioxide and 222Rn monitoring of the atmosphere of a Mediterranean sink hole - spring (SE France) during two hydrological cycles (from September 2004 to September 2006) showed seasonal variations with very high concentrations during summer (greater than 6% and 20 000 Bq/m3, respectively). Gas dynamics in caves often show seasonal variations. Meteorological parameters (barometric pressure and temperature mainly), cave geometry and fracture networks control exchanges between the cavity and outside atmosphere. Carbon dioxide and 222Rn may have different sources (atmosphere, soil, bedrock, deep gas diffusion, in situ oxidation of organic matter and, in some caves, …
Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins
Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2006), attempts to identify the key trends and issues for 2007 in U.S. federal procurement. In large part, the paper discusses the Draft Final Report of the Acquisition Advisory Panel (AAP), a blue-ribbon commission mandated by Section 1423 of the Services Acquisition Reform Act (SARA). Proceeding from the simple premise that the private sector does a better job with procurement by planning carefully and employing aggressive competition, we discuss, among other things, the inaccuracies that plague the Federal Procurement Data System; the dramatic post-2000 trend in increased …
Law And Society Approaches To Cyberspace, Paul Schiff Berman
Law And Society Approaches To Cyberspace, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …
A Pluralist Approach To International Law, Paul Schiff Berman
A Pluralist Approach To International Law, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This Essay is a contribution to a recent symposium at Yale Law School asking whether there is a new New Haven School of International Law. The original New Haven School of International Law offered a significant, process-based, rejoinder to the realism and positivism that had dominated international relations theory in the United States since the close of World War II. Whereas international relations realists viewed international law as merely a product of state power relations, and positivists dismissed international law entirely because it lacked both sovereign commands and a rule of recognition, scholars of the New Haven School studied law …
Global Legal Pluralism, Paul Schiff Berman
Global Legal Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This Article grapples with the complexities of law in a world of hybrid legal spaces, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes. In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations. Thus, instead of trying to stifle conflict either through an imposition of sovereigntist, territorially-based, …
Incrementalism: Eroding The Impediments To A Global Public Procurement Market, Christopher R. Yukins, Steven L. Schooner
Incrementalism: Eroding The Impediments To A Global Public Procurement Market, Christopher R. Yukins, Steven L. Schooner
GW Law Faculty Publications & Other Works
Following decades of international negotiations and agreements, the world's multi-trillion-dollar public procurement market appears to be maturing into a free, open international market. To reach that point, nations must lower a broad array of barriers to trade in procurement. As the U.S. experience demonstrates, purchasing agencies, laboring under the constraints of domestic preferences, may effectively seek to promote free trade. At the same time, a variety of international organizations, from the World Trade Organization to Transparency International, have developed tools and instruments - including model codes and explicit nondiscrimination agreements - that ease barriers to trade in procurement. To accelerate …
'I'Ve Got Nothing To Hide' And Other Misunderstandings Of Privacy, Daniel J. Solove
'I'Ve Got Nothing To Hide' And Other Misunderstandings Of Privacy, Daniel J. Solove
GW Law Faculty Publications & Other Works
In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide …
Affect, Values, And Nanotechnology Risk Perceptions: An Experimental Investigation, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen
Affect, Values, And Nanotechnology Risk Perceptions: An Experimental Investigation, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen
GW Law Faculty Publications & Other Works
Despite knowing little about nanotechnology (so to speak), members of the public readily form opinions on whether its potential risks outweigh its potential benefits. On what basis are they forming their judgments? How are their views likely to evolve as they become exposed to more information about this novel science? We conducted a survey experiment (N = 1,850) to answer these questions. We found that public perceptions of nanotechnology risks, like public perceptions of societal risks generally, are largely affect driven: individuals' visceral reactions to nanotechnology (ones likely based on attitudes toward environmental risks generally) explain more of the variance …
Culture And Identity-Protective Cognition: Explaining The White Male Effect In Risk Perception, Donald Braman, Dan M. Kahan, John Gastil, Paul Slovic, C.K. Mertz200
Culture And Identity-Protective Cognition: Explaining The White Male Effect In Risk Perception, Donald Braman, Dan M. Kahan, John Gastil, Paul Slovic, C.K. Mertz200
GW Law Faculty Publications & Other Works
Why do white men fear various risks less than women and minorities? Known as the white male effect, this pattern is well documented but poorly understood. This paper proposes a new explanation: identity-protective cognition. Putting work on the cultural theory of risk together with work on motivated cognition in social psychology suggests that individuals selectively credit and dismiss asserted dangers in a manner supportive of their preferred form of social organization. This dynamic, it is hypothesized, drives the white male effect, which reflects the risk skepticism that hierarchical and individualistic white males display when activities integral to their cultural identities …
The Second National Risk And Culture Study: Making Sense Of - And Making Progress In - The American Culture War Of Fact, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen
The Second National Risk And Culture Study: Making Sense Of - And Making Progress In - The American Culture War Of Fact, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen
GW Law Faculty Publications & Other Works
Cultural Cognition refers to the disposition to conform one's beliefs about societal risks to one's preferences for how society should be organized. Based on surveys and experiments involving some 5,000 Americans, the Second National Risk and Culture Study presents empirical evidence of the effect of this dynamic in generating conflict about global warming, school shootings, domestic terrorism, nanotechnology, and the mandatory vaccination of school-age girls against HPV, among other issues. The Study also presents evidence of risk-communication strategies that counteract cultural cognition. Because nuclear power affirms rather than threatens the identity of persons who hold individualist values, for example, proposing …
European Versus American Liberty: A Comparative Privacy Analysis Of Anti-Terrorism Data-Mining, Francesca Bignami
European Versus American Liberty: A Comparative Privacy Analysis Of Anti-Terrorism Data-Mining, Francesca Bignami
GW Law Faculty Publications & Other Works
The difference between European and American regulation of marketplace privacy is well-established: information privacy is protected more under European law than American law. Recently, with the revelation of a number of U.S. government, anti-terrorism programs, it has become clear that the transatlantic difference is not limited to the market. Also in the face of government action, Europeans protect information privacy more than Americans. This paper brings to light the legal differences between the two systems by considering the case - real in the United States, hypothetical in Europe - of a spy agency's database of call records, created for the …
The Uneasy Case For Patent Races Over Auctions, Michael B. Abramowicz
The Uneasy Case For Patent Races Over Auctions, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
In advancing his prospect theory of patents, Edmund Kitch dismissed the possibility of distributing rights to particular inventions through auctions, arguing that the patent system avoids the need for governmental officials to define the boundaries of inventions that have not yet been created. Auctions for patent rights to entire inventive fields, however, might accentuate the benefits of a prospect approach, by allowing for earlier and broader patents. Auction designs that award the patent to the bidder that commits the most money to research and development or that agrees to charge the lowest price, meanwhile, can reduce the costs of the …
Conflicts Of Interest And Corporate Governance Failures At Universal Banks During The Stock Market Boom Of The 1990s: The Cases Of Enron And Worldcom, Arthur E. Wilmarth Jr.
Conflicts Of Interest And Corporate Governance Failures At Universal Banks During The Stock Market Boom Of The 1990s: The Cases Of Enron And Worldcom, Arthur E. Wilmarth Jr.
GW Law Faculty Publications & Other Works
The re-entry of commercial banks into the securities business transformed U.S. financial markets during the 1990s. The Gramm-Leach-Bliley Act of 1999 (GLBA) removed most of the legal barriers that had separated commercial and investment banking since 1933. GLBA allows commercial banks to become universal banks by affiliating with securities firms and insurance companies. In large part, GLBA ratified the securities underwriting powers that commercial banks gained during the 1990s, based on a series of orders issued by federal regulators and federal courts.
By 2000, the top ten global underwriters of securities included three U.S. banks, three foreign banks, and four …
Comment Letter To The U.S. Treasury Department Concerning The Regulatory Structure For Financial Institutions, Arthur E. Wilmarth Jr.
Comment Letter To The U.S. Treasury Department Concerning The Regulatory Structure For Financial Institutions, Arthur E. Wilmarth Jr.
GW Law Faculty Publications & Other Works
This comment letter was submitted to the U.S. Treasury Department in connection with that Department's review of proposals for changes in the regulatory structure for financial institutions. The comment letter presents the following policy recommendations: (1) the thrift charter should be eliminated, existing thrifts should be required to convert into banks, and the Office of Thrift Supervision should be merged with the Office of the Comptroller of the Currency (OCC); (2) the dual banking system should be preserved and strengthened in order to promote innovation in banking regulation and to support the community bank sector; (3) at least one federal …