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2007

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Ethiopia's Sovereign Right Of Access To The Sea Under International Law, Abebe T. Kahsay Jan 2007

Ethiopia's Sovereign Right Of Access To The Sea Under International Law, Abebe T. Kahsay

LLM Theses and Essays

Since Eritrea’s secession from Ethiopia there has been continuous opposition by intellectuals and the opposition to the government’s policy of making Ethiopia a landlocked country. Some totally reject the secession, while others accept the independence as a "fait accompli" and voice concern over the lack of an outlet to the sea, and still others acknowledge the right of self-determination and secession of Eritrea but denounce the inconsistency of the application of the Transitional Charter regarding the Red Sea Afar and the Algiers Agreement for denying Ethiopia its legitimate right to access to the sea and allege that the government is …

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International Legal Standards Governing The Use Of Child Soldiers, Dorcas B. Mulira Jan 2007

International Legal Standards Governing The Use Of Child Soldiers, Dorcas B. Mulira

LLM Theses and Essays

This paper seeks to analyze the international laws governing the use of children in armedconflict. Despite the prohibition of the use of child soldiers in armed conflict in internationallaw, States and non-State actors continue to actively recruit, abduct, and directly use children,some as young as eight, in hostilities. International humanitarian law's limited scope prevents itfrom protecting the worldÕs most vulnerable children, child soldiers, while human rightsinstruments adopted to make up for these limitations lack enforcement mechanisms, thereforerendering the much-needed protection for child soldiers inadequate. As development ofinternational law concerning child soldiers progresses on paper, progress on the ground lagsbehind, thus …

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Imports Or Made-In-China: Comparison Of Two Constitutional Cases In China And The United States, Xiao Li Jan 2007

Imports Or Made-In-China: Comparison Of Two Constitutional Cases In China And The United States, Xiao Li

LLM Theses and Essays

When its economic increase attracts the global attention, China is also looking for a break-through in its judicial reform. The Qi v. Chen case (2001) was considered to be the Chinese version of Marbury v. Madison and gave rise to a heated discussion of the judicial review power in China. This article will analyze the doubts on the Qi case and the prospects of judicial review it indicates through comparison with Marbury v. Madison. Although Qi v. Chen opened the door for constitutional litigation, its dramatic facts and strained application of the Constitution threw it into question. Nevertheless, its effect …

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Solitary Infantile Myofibromatosis Of The Skull, Farah Naz, Zafar Nazir, Khalid Chishti, Nadeem Aslam, Salman Siddiqui Jan 2007

Solitary Infantile Myofibromatosis Of The Skull, Farah Naz, Zafar Nazir, Khalid Chishti, Nadeem Aslam, Salman Siddiqui

Department of Surgery Docs

This is the report of a 6 months old boy presenting with a firm, solitary mass on the temporal region, associated with lysis of local bone. Investigations lead to a diagnosis of infantile myofibromatosis (IM). Wide local excision was performed. At one year follow-up, no recurrence was noted.

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A Collective Action Perspective On Ceiling Preemption By Federal Environmental Regulation: The Case Of Global Climate Change, Robert L. Glicksman, Richard E. Levy Jan 2007

A Collective Action Perspective On Ceiling Preemption By Federal Environmental Regulation: The Case Of Global Climate Change, Robert L. Glicksman, Richard E. Levy

GW Law Faculty Publications & Other Works

In an era of regulatory skepticism, proponents of regulation in general and environmental regulation in particular face a number of new political and legal hurdles, particularly at the federal level. Frustrated with federal inaction or weak federal regulation, it is increasingly common for states and local governments to adopt environmental laws that seek to provide greater environmental protection. The critical question is when federal environmental law provides a ceiling, preempting such state regulatory programs. In this article, which is part of a forthcoming symposium on federal preemption in the Northwestern Law Review, Professors Glicksman and Levy develop a framework for …

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Global Climate Change And The Risks To Coastal Areas From Hurricanes And Rising Sea Levels: The Costs Of Doing Nothing, Robert L. Glicksman Jan 2007

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 …

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The Comparative Effectiveness Of Government Interventions On Environmental Performance In The Chemical Industry, Robert L. Glicksman, Dietrich Earnhart Jan 2007

The Comparative Effectiveness Of Government Interventions On Environmental Performance In The Chemical Industry, Robert L. Glicksman, Dietrich Earnhart

GW Law Faculty Publications & Other Works

Effective enforcement is crucial to achieving the objectives of the federal environmental statutes. The federal Environmental Protection Agency (EPA) has recognized the importance of effective enforcement, calling it a critical aspect of environmental governance and committing itself to the maintenance of a "credible deterrent" to regulatory violations. Despite the central role of enforcement to achievement of environmental statutory goals, relatively little is known about why regulated entities either do or do not comply. In particular, empirical studies of environmental enforcement are not plentiful, in part because comprehensive data on compliance and enforcement have been difficult to obtain. Although EPA and …

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A Jurisprudence Of Ideology, Robert L. Glicksman, James May Jan 2007

A Jurisprudence Of Ideology, Robert L. Glicksman, James May

GW Law Faculty Publications & Other Works

Chief Justice Rehnquist figures prominently in recent historic environmental case law addressed by the Supreme Court. Although generally critical of federal environmental laws, the skepticism stemmed from an interest in the protection of state rights and protection of private property rights rather than a general challenge to federal regulation. His jurisprudence reflects three “guideposts” to consider environmental concerns: limiting the scope of federal power, protecting state sovereignty from encroachment by the federal government, and protecting the rights of private property owners against intrusions resulting from regulation by government. In limiting the scope of federal power, Rehnquist specifically supported limitations on …

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Ensuring A 'Yes-Pets' Rule, Joan Schaffner Jan 2007

Ensuring A 'Yes-Pets' Rule, Joan Schaffner

GW Law Faculty Publications & Other Works

For many people, their companion animal is their "life-line." Almost 65% of all US households have a companion animal. Moreover, it is well-documented that living with a companion animal is therapeutic. Unfortunately, obtaining housing that allows companion animals can be very difficult. It is common for rental leases to prohibit companion animals. Moreover, many mobile home parks, cooperatives, condominiums and homeowners associations are banning companion animals, leaving fewer and fewer opportunities for people to benefit from the love of a companion animal. Last but not least, many homeless animals are needlessly destroyed because no-pet rules eliminate options for placing them. …

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The First Amendment As Criminal Procedure, Daniel J. Solove Jan 2007

The First Amendment As Criminal Procedure, Daniel J. Solove

GW Law Faculty Publications & Other Works

This Article explores the relationship between the First Amendment and criminal procedure. These two domains of constitutional law have long existed as separate worlds, rarely interacting with each other despite the fact that many instances of government information gathering can implicate First Amendment freedoms of speech, association, and religion. The Fourth and Fifth Amendments used to provide considerable protection for First Amendment interests, as in the famous 1886 case Boyd v. United States, in which the Supreme Court held that the government was prohibited from seizing a person's private papers. Over time, however, Fourth and Fifth Amendment protection has shifted, …

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Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami Jan 2007

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami

GW Law Faculty Publications & Other Works

Transnational intelligence networks have emerged as an essential tool for combating international terrorism and criminal activity. As with domestic intelligence-gathering, they raise a number of privacy concerns: the risk of false information, the danger that intelligence will be used for illegitimate purposes, and the burden placed on human dignity and individual autonomy by free-wheeling data gathering. Transnational networks, however, exacerbate these privacy problems due to the dispersed nature of government authority and the difficulty of ensuring compliance with privacy duties by each node in the network. This article illustrates the dangers of transnational intelligence sharing with the case of Maher …

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Red Families V. Blue Families, Naomi R. Cahn, June Carbone Jan 2007

Red Families V. Blue Families, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

The "culture wars," as they play out in high profile Supreme Court decisions and legislative fights over abortion and same-sex marriage, are first and foremost about family values. Central to these differences - and the focus of the article - is the fact that different families in different parts of the country are leading different lives. The one clear, organizing principle that distinguishes the two systems: age of family formation. The defining characteristic of what we term the "new middle class morality" is delay in family formation until the late twenties or early thirties. This new morality, which correlates more …

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Trade And The Environment In The Wto, Steve Charnovitz Jan 2007

Trade And The Environment In The Wto, Steve Charnovitz

GW Law Faculty Publications & Other Works

The linkage between trade and the environment stands out as an important challenge in global economic governance. Over the past decade, the WTO devoted considerable attention to this issue and included it on the agenda of the Doha Round. In parallel, the jurisprudence on trade and the environment has experienced significant advances. This study provides an overview of the main institutional changes at the WTO and of the developments in the jurisprudence most relevant to the interaction between the environment and trade. Specifically, this study focuses on GATT Article XX and takes note of many positive (and a few negative) …

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Guide To International Environmental Law, Dinah L. Shelton, Alexandre Kiss Jan 2007

Guide To International Environmental Law, Dinah L. Shelton, Alexandre Kiss

GW Law Faculty Publications & Other Works

This book aims to present the essential elements of international environmental law. The attached document includes a page memorializing the life of Alexandre Kiss (who passed away on March 22, 2007); a forward; a table of contents, author information, abbreviations, and Chapter 1, "An Introduction to International Law." The book provides a general overview of why and how the international system elaborates environmental obligations and monitors compliance with them. Second, it discusses the relationship between international obligations and national and local law, with particular reference to federal systems. It indicates another interrelationship, pointing out the influence national law has on …

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Strict Liability In International Environmental Law, Dinah L. Shelton Jan 2007

Strict Liability In International Environmental Law, Dinah L. Shelton

GW Law Faculty Publications & Other Works

The principle that a State is responsible for causing environmental harm outside its territory in breach of an international obligation has been slow to evolve to address the allocation of loss due to accidents. In settling the well-known dispute between the United States and Canada concerning the activities of the Canadian smelter located in Trail, British Columbia, the arbitral tribunal asserted a general duty on the part of the State to protect other States from injurious acts by individuals (both state and non-state actors) within its jurisdictions. The tribunal, however, noted the difficulty determining what constitutes an injurious act, but …

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Gardening Programs In Schools: A Proposed Solution To Reverse The Consequences Of The Current American Food Culture, Charlotte Grace Blessey Jan 2007

Gardening Programs In Schools: A Proposed Solution To Reverse The Consequences Of The Current American Food Culture, Charlotte Grace Blessey

Honors Theses

This thesis examines the problems with current food consumption and production practices, and proposes the implementation of school gardening programs as a possible remedy to these problems. Methods and procedures consisted of research on current publications, periodicals, internet sources and scholarly articles concerning these topics. It was found that current diet is a significant factor in widespread health problems facing populations today. This diet is intertwined with an environmentally destructive and vulnerable system of intensive industrial agriculture based on centralization, mass distribution, and standardization. School garden programs target children beginning at a young age and help to counter the culture …

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An Analysis Of The Baby Boomers: The Impact Of Their Approaching Retirement, Allison Elizabeth Buckley Jan 2007

An Analysis Of The Baby Boomers: The Impact Of Their Approaching Retirement, Allison Elizabeth Buckley

Honors Theses

This paper intends to address some of the major financial concerns facing the Baby Boom generation as they enter retirement. This generation faces struggles with savings, the high costs of health care coupled with their high demand for it and Social Security and Medicare issues. The Boomers, through their financial strain, will affect change in federal policy programs for future generations. This paper is supplemented with newspaper stories I wrote that address some of the same topics discussed in more detail within the text. These stories, published in the Oxford Eagle^ were written to inform the public of major financial …

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Affect, Values, And Nanotechnology Risk Perceptions: An Experimental Investigation, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil, Geoffrey L. Cohen Jan 2007

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 …

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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 Jan 2007

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 …

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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 Jan 2007

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 …

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Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins Jan 2007

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 …

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'I'Ve Got Nothing To Hide' And Other Misunderstandings Of Privacy, Daniel J. Solove Jan 2007

'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 …

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The Future Of Reputation: Gossip, Rumor, And Privacy On The Internet, Daniel J. Solove Jan 2007

The Future Of Reputation: Gossip, Rumor, And Privacy On The Internet, Daniel J. Solove

GW Law Faculty Publications & Other Works

This is the complete text of Daniel J. Solove's book, THE FUTURE OF REPUTATION: GOSSIP, RUMOR, AND PRIVACY ON THE INTERNET (Full Text) (Yale University Press, October 2007).

Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives - often of dubious reliability and sometimes totally false - will follow us wherever we go, accessible to friends, …

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Solar Energy For Disaster Response Using Space Program Resources, Florida Solar Energy Center, William Young Jan 2007

Solar Energy For Disaster Response Using Space Program Resources, Florida Solar Energy Center, William Young

FSEC Energy Research Center®

Satellite pictures, solar radiation levels on the earth's surface, Global Positioning Satellites (GPS) and other space-related resources are available through the efforts of many people and organizations. Satellites' measurements of these resources can be integrated with resources on earth to assess damage from disasters and evaluate resources available to respond. Space-related resources are currently being used by the American Red Cross, the Federal Emergency Management Agency, county Emergency Managers and other organizations. The widest use is in evaluating utility resources and deploying them for repair and emergency power in response to a disaster. Today's use of state-of-the-art satellite and Geographic …

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Civil Society Engagement In Free Trade Negotiations: Cafta Opposition Movements In El Salvador, Rose J. Spalding Jan 2007

Civil Society Engagement In Free Trade Negotiations: Cafta Opposition Movements In El Salvador, Rose J. Spalding

College of Liberal Arts and Social Sciences Faculty and Staff Works

This article analyzes civil society participation in the free trade debate by focusing on networks that opposed the Central American Free Trade Agreement (CAFTA) in El Salvador. Drawing on documents, observations, and semi-structured interviews with civil society leaders, two kinds of opposition coalitions are identified. “Critic negotiators,” emphasizing active engagement and policy research, used the limited participation space opened by authorities to push for reform. “Transgressive resisters,” repudiating the formal consultation process, deployed confrontational tactics and posed more fundamental challenges. This work uses social movement theory to explore coalition resource mobilization, the role of movement entrepreneurs, strategic decision-making, mechanisms linking …

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Faculty Masthead, Mjlst Editorial Board Jan 2007

Faculty Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Toward A General Theory On Law And Technology: Introduction, Gaia Bernstein Jan 2007

Toward A General Theory On Law And Technology: Introduction, Gaia Bernstein

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Technology, Commerce, Development, Identity, Andrea M. Matwyshyn Jan 2007

Technology, Commerce, Development, Identity, Andrea M. Matwyshyn

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Law And Technology: Interactions And Relationships, Daniel J. Gifford Jan 2007

Law And Technology: Interactions And Relationships, Daniel J. Gifford

Minnesota Journal of Law, Science & Technology

No abstract provided.

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Why Have A Theory Of Law And Technological Change?, Lyria Bennett Moses Jan 2007

Why Have A Theory Of Law And Technological Change?, Lyria Bennett Moses

Minnesota Journal of Law, Science & Technology

No abstract provided.

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