Digital Commons Network^™

Creativity And Culture In Copyright Theory, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Creativity is universally agreed to be a good that copyright law should seek to promote, yet copyright scholarship and policymaking have proceeded largely on the basis of assumptions about what it actually is. When asked to discuss the source of their inspiration, individual artists describe a process that is intrinsically ineffable. Rights theorists of all varieties have generally subscribed to this understanding, describing creativity in terms of an individual liberty whose form remains largely unspecified. Economic theorists of copyright work from the opposite end of the creative process, seeking to divine the optimal rules for promoting creativity by measuring its …

It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

While scholarship regarding the Supreme Court's noncommercial speech doctrine has often focused on the level of protection for truthful, non-misleading commercial speech, scholars have paid little attention to the exclusion of false or misleading commercial speech from all First Amendment protection. Examining the underpinnings of the false and misleading speech exclusion illuminates the practical difficulties that abolishing the commercial speech doctrine would pose. Through a series of fact patterns in trademark and false advertising cases, this piece demonstrates that defining what is false or misleading is often debatable. If commercial speech were given First Amendment protection, consumer protection and First …

Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

When considering the defendant's plea, barristers, like lawyers, have two overriding, selfish interests: maximizing remuneration and avoiding sanction. The tension between defendant and defender is most acute when the defendant is indigent and the defender has been chosen to represent him. It is their relationship that is addressed in this article.

The goal is to align the defender's selfish interests with the defendant's need for thoughtful advice over how to plead, so that, behind the guise of apparently disinterested advice, the advocate is not pursuing his interests at the defendant's expense. By contrast to most American practice, the method of …

The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith

Georgetown Law Faculty Publications and Other Works

As all practicing lawyers know, interviewing and counseling are at the heart of legal representation. This is what lawyers do, even criminal trial lawyers: we talk with and advise clients. Sometimes, after considering the government’s case and available defenses, we advise clients to go to trial. More often, we advise them to take a plea.

In counseling our clients we can be as “client-centered” as the next lawyer, graciously acceding to our clients’ wishes. This is especially so when the client is making what we regard to be a reasonable choice. But clients are not always reasonable. Sometimes they are …

The Flood: Political Economy And Disaster, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling parameters: a city of luxury alongside squalor, two-thirds Black, one-fourth poor, with the gap between its rich and poor growing at a gallop as the waters of lake and river lapped gently along aging, grass-covered levees.

Freeze the frame before the waters rise, and what do you see? A devastated public school system, where Black children are labeled “failing,” along with their schools. …

Pursuing Accountability For Atrocities After Conflict: What Impact On Building The Rule Of Law?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

In countries ravaged by widespread violence, the trauma does not end when the guns fall silent. On the contrary, atrocities have cast a long shadow in places such as the Balkans, where brutal massacres, mass rapes, and ethnic cleansing were regular features of war; in Rwanda, where a devastating genocide killed hundreds of thousands of people; and in Sierra Leone, where the civil war was marked by forced recruitment of child soldiers, rapes and murders, and the gruesome mutilation of civilians. In Afghanistan, Iraq, East Timor, and many other societies, severe abuses have also left deep pain and trauma in …

On Leaving Corporate Executives "Naked, Homeless And Without Wheels": Corporate Fraud, Equitable Remedies, And The Debate Over Entity Versus Individual Liability, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

There is a lively debate about the relative merits of entity versus individual liability in cases involving securities fraud. After reviewing this debate in the context of both private securities litigation and SEC enforcement, this paper considers whether the legal tools available against individual executives are adequate, and if not, what changes might be made. The main focus is on equitable remedies, especially rescission and restitution, under both state and federal law. As to the former, Vice Chancellor Strine’s opinion in In re Healthsouth offers an interesting template, although there are limits on the usefulness of derivative suits to police …

Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Until the early 1970's, approximately 90% of all pharmaceutical research was conducted on prisoners, who were also subjected to biochemical research, including studies involving dioxin and chemical warfare agents. By the mid-1970's, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the protection of Human Subjects of Biomedical Research was formed. Federal regulations to protect human subjects of research were established in 1974. Special protections for prisoners were added in 1978, severely limiting research involving prisoners. However, the US correctional system has undergone major changes since the adoption …

The Social Construction Of Sarbanes-Oxley, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The closer one looks at SOX and its origins in the financial scandals of the early 2000s, the blurrier the picture, which lets commentators see what they want to see and draw inferences accordingly. That is why social construction is so crucial. My aim in this paper is to illuminate the social nature of SOX's diffusion into practice. I will leave to the reader the judgment about whether this has been or will be good or bad, and for whom. If I seem to challenge SOX's critics more than its supporters, it is because the critics have been more venomous …

J Am Coll Dent 2007 74 1

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

The Development And Application Of A Systematic Approach To Evaluating An Academic Department's Brand Meaning, Cassandra C. Elrod

Doctoral Dissertations

"Research of existing literature indicates that below the university level, there has been little effort made in branding academia, namely academic departments. The lack of branding may significantly affect the perceptions that potential students and future employers of these students have about one of these academic units. The impact may be most significant for units where the fields of study that are represented by the department may be unclear, such as in the case of engineering management. However, even in the cases of better-understood fields of study, for example, electrical engineering, the competition for students with other fields of study …

East Meets West: The Adaptation Of Vietnamese International Students To California Community Colleges, Tam Huu Do

Journal of Southeast Asian American Education and Advancement

No abstract provided.

"Khmer Pride": Being And Becoming Khmer-American In An Urban Migrant Education Program, Theresa Ann Mcginnis

Journal of Southeast Asian American Education and Advancement

This article focuses on the ways an urban migrant education program becomes a space where middle school Khmer students can explore who they are as Khmer youth living in an urban American context. I discuss how the youth are able to take a transformative, interactional stance to the literacy and sign-making practices within the program. I argue that the Khmer youth's identities are reflected within these literacy and expressive practices. Further, I suggest the experiences of these Khmer middle school children of agricultural workers provide rich examples of how immigrant youth draw on a variety of cultural resources (from urban …

Understanding Behavior Of System Of Systems Through Computational Intelligence Techniques, Nil H. Kilicay, Cihan H. Dagli

Engineering Management and Systems Engineering Faculty Research & Creative Works

The world is facing an increasing level of systems integration leading towards systems of systems (SoS) that adapt to changing environmental conditions. The number of connections between components, the diversity of the components and the way the components are organized can lead to different emergent system behavior. Therefore, the need to focus on overall system behavior is becoming an unavoidable issue. The problem is to develop methodologies appropriate for better understanding behavior of system of systems before the design and implementation phase. This paper focuses on computational intelligence techniques used for analysis of complex adaptive systems with the aim of …

How Growing Inequality Hurts The Middle Class, Robert H. Frank

Clemens Lecture Series

No abstract provided.

Individualism And Collectivism In America: The Case Of Gun Ownership And Attitudes Toward Gun Control, Katarzyna Celinska

Publications and Research

A number of sociologists and cultural psychologists claim that the United States is a predominantly individualistic country. This article uses a unidimensional index of individualism and collectivism to analyze one of the most debated sociopolitical issues in America: gun ownership and gun control. It tests the hypothesis that the widespread gun ownership in the United States and prevailing attitudes toward gun control represent competing individualistic and collectivistic cultural traditions, respectively. The findings indicate that the index is one of the predictors of gun ownership and of attitudes about gun permits.

Creator, Creation, And Church: Restoring Ecology To Theology, Joann Davidson

Andrews University Seminary Studies (AUSS)

No abstract provided.

Accident Denominators Relative To Age Groups In Heavy Industries Of The Port Hedland Region Of Western Australia, John R. Bottrell

Theses: Doctorates and Masters

The aim of this research is to investigate characteristics of accident denominators across age groups in mining and associated process industries in the Port Hedland region of Western Australia. Emphasis has been focussed on comparing young, inexperienced groups with older, more experienced groups. A literature review revealed some key contributors to accidents among younger workers, in particular, those who had only recently entered the workforce. The review also revealed contributors impacting accidents regarding other age groups over a wide range of industry types. From these findings an accident construct model and questionnaire were designed to identify contributing and mitigating denominators …

School's Out: Adolescent 'Leisure Time' Activities, Influences And Consequences, Lillian M. Fawcett

Theses: Doctorates and Masters

The current study investigated the out-of-school activities in which adolescents participate categorised in terms of structure, type (creative, physical, passive) and level of interaction (individual, group), the developmental, psychological and social consequences of such involvement, and the factors influencing participation. Questionnaires completed by 1280, 12 to 17 year old Western Australian metropolitan, high-school students provided information on adolescents' out-of-school time use, their perceptions of parental values and behaviours, friends' behaviours and relationships and their own behaviours and beliefs. A model, based on the research literature, indicated that parent support and intrinsic motivation were the two factors contributing most to adolescent …

Self-Concept And Attraction To Physical Activity: The Effectiveness Of An Intervention Programme To Enhance Children's Level Of Physical Activity, Barbara M. Howard

Theses: Doctorates and Masters

According to motivational theory physical self-perceptions are crucial to the intrinsic desire to engage in physical activity through play, games, and sport. While there has been prolific research with middle primary and older children little is known of the importance of young children's physical self-concept and their motivation to engage in physical activity. This study had three major purposes. Firstly it aimed to examine the relationship between children's self-concept, their attraction to physical activity, and level of physical activity. The second purpose of the study was to examine differences between boys' and girls' self-concept, attraction to physical activity and level …

Lost In Translation: Making Sense Of Dance Through Words, Paul T. O'Sullivan

Theses: Doctorates and Masters

The aim of this paper is to enter into the debate about meaning and movement and challenge the idea of dance as linguistic communication. Without words, and even with words according to some linguistic theorists, it's not possible to make sense unless we come to an agreement about a set of shared concepts. This is difficult in dance, an art form that has been silent, but undergoing evolutionary change for a large part of its history. I take the point of view that performance movement is even more arbitrary than text as a form of signification. We can read words …

Towards Dignity And Respect At Work: An Exploration Of Bullying In The Public Sector, Maryam Omari

Theses: Doctorates and Masters

Organisations today function in complex and dynamic environments which exert continual pressure to change and compete. Employees are often seen as a key to success in this world, as flexible and adaptable resources. The quality of their work life therefore takes on an important role in ensuring they reach their full potential. A long-standing safety and performance issue in the workplace is bullying, or mobbing as it is called in the European literature. Bullying can have adverse effects for individuals, including both the perpetrator and the victim, as well as their families, the organisation, and ultimately the wider society.

Bankruptcy Reform And Homeownership Risk, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Individual Health Insurance Mandates And Financial Distress: A Few Notes From The Debtor-Creditor Research And Debates, Melissa B. Jacoby

Faculty Publications

No abstract provided.

The Prediction Of Antenatal And Postnatal Depression In A Sample Of Western Australian Women, Debbie A. Lien

Theses: Doctorates and Masters

In Australia, the Edinburgh Postnatal Depression Scale (EPDS; Cox, Holden & Sagovsky, 1987) has been increasingly used to screen for antenatal depression prior to its evaluation on a sample of Australian pregnant women. Also, the identification of predictors associated with antenatal depression has been neglected relative to the research focus on postpartum depression. An aim of the study was to evaluate the antenatal screening properties of the EPDS against diagnoses of major depression with the Mini International Neuropsychiatric Interview (MINI; Sheehan eta!., 1998). The aims were also to develop predictive models of risk factors associated with antenatal depression as measured …

Multidimensional Approach To Nurse Client Communication In Two Malaysian Intensive Care Units, Faridah Hashim

Theses: Doctorates and Masters

Communication among patients and nurses m the Intensive Care Unit (ICU) has received extensive attention in the nursing research literature. These studies have identified numerous factors both enhancing and impeding effective nurse client communication. Despite the extensive research attention paid to nurse client communication in an ICU setting, no studies can be located that take a multidimensional approach to exploring the factors serving to enhance or impede such nurse "client communications. The literature review searched from 1980 when the landmark study by Ashworth ( 1980) reported on nurse-patient communication in the ICU. Many studies followed on nursing communication

Pagbukadkad Ng Bulaklak = Blooming Of The Flower : An Ethnographic Study Of A Friendship Group Of Same-Sex Attracted Middle-Class Young Men From Metro Manila In The Philippines, Ronald Macdonald

Theses: Doctorates and Masters

In this dissertation I examine “gay” life in the Philippines by focusing on a longstanding friendship group of same-sex attracted middle-class young men living in Metro Manila who identify as bakla/gay/homosexual. I explain how dynamics of gender and sexuality including identity expression are conceptualised, articulated and negotiated through the interphase of Philippine culture, social class, economic status and the cultural appropriation and adaptation of elements of Western gay discourse and lifestyle. Ethnography was selected as the most appropriate qualitative research method because of its theoretical and philosophical “fit” with the methodological assumptions that underpin this study. A key feature in …

From Cannibal To Consumer: The Shifting Poetic Metaphor Of The Vampire, Emma Margetts

Theses: Doctorates and Masters

The Vampire is a parasitic demon who has ·haunted humanity for thousands of years. Feeding off the living, this bloodsucking, animated corpse could generally be said to embody human fears surrounding death and sexuality. Appearing in a variety of mythologies around the world, the vampire has been connected with excessive and/or repressed desire, the subconscious and dark side of human nature. The vampire and associated metaphors' reflect social boundaries and express forbidden desires, in particular, when the figure appeared in late-Gothic literature of the 18th-century novel. The transitions occurring within the vampire's iconography over the last 200 years of Western …

Parents As Navigators: How Caregivers Of Children With Mental Health Difficulties Find Supports In The Workplace, Katherine J. Huffstutter, Jennifer R. Bradley, Eileen M. Brennan, Marlene Penn, Julie M. Rosenzweig

School of Social Work Faculty Publications and Presentations

For some parents, the gap between the demands of work and family and the resources they have available to meet these responsibilities is too great, particularly for employed parents of children with emotional or behavioral disorders (Brennan & Brannan, 2005). While responding to the increasing demands of the workplace for dedicated performance and significant facetime, parents must also arrange for their children's treatment, see that their educational needs are met, and provide enrichment opportunities in the community (Huang et al., 2005). Despite challenges, these parents have used creative approaches to "cobble together" flexible arrangements that work for both their families …

How Human Resource Professionals Manage Diversity: Decisions On Flexible Work Arrangements For Parents Of Children With Disabilities, Julie M. Rosenzweig, Eileen M. Brennan, Katherine J. Huffstutter, Daniel Coleman

School of Social Work Faculty Publications and Presentations

PDF version of a presentation given at the Community, Work and Family II International Conference, Lisbon, Portugal, April 2007.