Digital Commons Network^™

Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist

Faculty Articles

Why are some law students successful in their legal writing classes and others are not? To identify the secrets to success, Professor Enquist did a case study of six second-year law students as they wrote a motion brief and an appellate brief for their 2L legal writing course. Based on their 1L legal writing course, two of these students were predicted to be highly successful, two were predicted to be moderately successfully, and two were predicted to be only marginally successful. Through daily records of all their activities related to writing the briefs, interviews with the study subjects, drafts of …

From Bad To Worse?: Some Early Speculation About The Roberts Court & The Constitutional Fate Of The Poor, Andy Siegel

Faculty Articles

Conventional wisdom - supported in large measure by blackletter law - suggests that discrimination on the basis of wealth or class largely escapes constitutional sanction. If the conventional wisdom is correct, then issues of class and equal protection represent one area in which advocates of a more robust individual rights jurisprudence have little to fear from the Roberts Court. In this essay, prepared for a Symposium on "The Roberts Court and Equal Protection: Gender, Race, and Class," Professor Siegel offers a contrary view. He makes three related observations. First, existing caselaw is more complex than usually acknowledged, offering substantial interstitial …

Controlling Above-Cost Predation: An Alternative To Weyerhaeuser And Brooke Group, Jack Kirkwood

Faculty Articles

This article proposes a new legal standard for predatory pricing, predatory bidding, and possibly other forms of exclusionary pricing - the welfare/economic sense standard. Under this standard, the plaintiff would have to show that the challenged conduct was not only profitable to the defendant but harmful to the long-run welfare of consumers or suppliers. Moreover, even if the plaintiff made that showing, the defendant would escape liability if it proved that its conduct made economic sense without regard to its anticompetitive effects. The article argues that the new standard is superior to the below-cost/recoupment standard of Brooke Group and Weyerhaeuser …

Nuremberg’S Legacy Continues: The Nuremberg Trials’ Influence On Human Rights Litigation In U.S. Courts, Gwynne Skinner

Faculty Articles

This article traces the Nuremberg trials' influence on human rights litigation in the United States under the Alien Tort Statute, especially in the area of corporate complicity, and argues that the use of the Nuremberg trials as precedent in modern domestic human rights litigation is appropriate.

The Celotex Initial Burden Standard And An Opportunity To “Revivify” Rule 56, Brooke Coleman

Faculty Articles

This article provides a pragmatic review of the summary judgment process and offers a new methodological approach to critiquing the Federal Rules of Civil Procedure. Using qualitative empirical methods to focus on the defendant's initial burden standard under the watershed case Celotex v. Catrett, the article calls on two new sets of data - a broad survey of published and unpublished district and appellate court opinions and a focused survey of district court cases from a single federal district court - to evaluate the critical responses to the case. The article finds that those who criticize the Celotex initial burden …

Differential Dynamic Properties Of Scleroderma Fibroblasts In Response To Perturbation Of Environmental Stimuli, Momiao Xiong, Frank C. Arnett, Xinjian Guo, Hao Xiong, Xiaodong Zhou

Faculty, Staff and Student Publications

Diseases are believed to arise from dysregulation of biological systems (pathways) perturbed by environmental triggers. Biological systems as a whole are not just the sum of their components, rather ever-changing, complex and dynamic systems over time in response to internal and external perturbation. In the past, biologists have mainly focused on studying either functions of isolated genes or steady-states of small biological pathways. However, it is systems dynamics that play an essential role in giving rise to cellular function/dysfunction which cause diseases, such as growth, differentiation, division and apoptosis. Biological phenomena of the entire organism are not only determined by …

Better Management Practices For Improved Profitability And Water Quality, G. W. Reicks, D. E. Clay, C. G. Carlson, Sharon Clay

SDSU Extension Fact Sheets

No abstract provided.

Simulated Learning For Clinical Skill Acquisition And Retention: Report On A Research Project With Trainee Medical Interns, I Doherty, Margaret M. Hansen Edd, Msn, Rn, L Mccann, G Oosthuizen, K Mchardy, S Greig, T Pasley, J Windsor

Nursing and Health Professions Faculty Research and Publications

This paper reports on a research project conducted at the Advanced Clinical Skills Centre, University of Auckland, to determine whether the provision of a carefully engineered integrated virtual reality simulator for male and female urinary catheter insertion would increase student confidence levels and competency for those two skills. We present a literature review that demonstrates the increasing importance of simulation in medical education whilst detailing the perceived benefits and drawbacks of using simulations in medical education. We then present our research methodology including student numbers, procedures followed during the research, forms of evaluation carried out during the research and the …

Development Of An Environmental Law Curriculum For Kosovo Universities, Nebojsa Vlajic

Graduate Student Theses, Dissertations, & Professional Papers

This paper aims to improve environmental problem solving in Kosovo by introducing an environmental law course to the Kosovo university system. No school in Kosovo currently teaches environmental law and lawyers practicing environmental litigation are nonexistent. There are not many experts who can be consulted or who can help draft the environmental laws Kosovo must enact in order to harmonize its laws with those of the European Union. Lawyers having proper and formal training for doing the Environmental Impact Assessment are also extremely limited in number. The first part explains the rationale for proposing an environmental law course at law …

Digital Photography, Julie F. Whipple

Graduate Student Theses, Dissertations, & Professional Papers

My professional paper is designed as a teaching tool to help other instructors to be able to teach the basics of digital photography to their students. It includes a brief history of the development of photography, information about the digital camera, how to take better pictures, and how to begin working with photos using Photoshop. Instructions and lesson plans are designed to teach all levels of students learning abilities.

Where Is Criminal Justice In This Presidential Year?, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article notes that throughout the presidential campaigns there has been little emphasis on criminal justice and few serious proposals by candidates for changing or improving the way in which the federal government enforces criminal law. There has been little discussion about the respective roles that the federal government and the states should play in law enforcement. The author calls for the next president to convene an inclusive national congress on criminal justice. He encourages the president to bring together prosecutors, defense counsel, judges, legislators, law enforcement, correctional officials, probation and parole officers, academics, victims advocacy groups, other public interest …

The Work-Family Conflict: An Essay On Employers, Men And Responsibility, Michael Selmi

GW Law Faculty Publications & Other Works

This paper, prepared for a symposium held at the University of St. Thomas Law School, explores an issue that has been largely neglected in the work-family debate, namely why the burden should be on employers to change their practices rather than on men to change theirs. Many of the policy proposals designed to facilitate the balancing of work and family demands require employers to alter their practices by creating part-time work, providing paid leave, or devising ways to limit the penalties women face for taking extended leave. At the same time, the reluctance of men to change their behavior, which …

Data Mining And The Security-Liberty Debate, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this essay, written for a symposium on surveillance for the University of Chicago Law Review, I examine some common difficulties in the way that liberty is balanced against security in the context of data mining. Countless discussions about the trade-offs between security and liberty begin by taking a security proposal and then weighing it against what it would cost our civil liberties. Often, the liberty interests are cast as individual rights and balanced against the security interests, which are cast in terms of the safety of society as a whole. Courts and commentators defer to the government's assertions about …

Too Dependent On Contractors? Minimum Standards For Responsible Governance, Steven L. Schooner, Daniel S. Greenspahn

GW Law Faculty Publications & Other Works

While acknowledging that there are many benefits, challenges, and risks involved in outsourcing, this article asserts that failed implementation, rather than outsourcing policy, explains the government's current (mis)management of its contractors. This article explores the minimum standards for responsible governance following more than 15 years of ill-conceived and inadequate investment in the federal government's acquisition workforce, followed by a governmentwide failure to respond to a dramatic increase in procurement activity. These trends have led to a buying and contract management regime animated by triage, with insufficient resources available for contract administration, management, and oversight. The old adage "an ounce of …

Rediscovering Board Expertise: Legal Implications Of The Empirical Literature, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This paper reviews and draws insights from recent empirical research in financial accounting on the value of director expertise for financial reporting quality. Among important consequences of Sarbanes-Oxley is an increase in the percentage of accounting experts on boards of directors, particularly on audit committees.

The research reviewed here documents the value of this expertise in promoting financial reporting quality measured in terms of "accounting earnings management" (artificial bookkeeping manipulations). These findings contrast with well-known evidence showing little value arising from director independence.

The research holds numerous implications and raises important questions, including the following:

1. It shows that accounting …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax Jr.

GW Law Faculty Publications & Other Works

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to non-constitutional trial errors until forty years ago, when the Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees - the right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the harmless …

Can Laser Speckle Flowmetry Be Made A Quantitative Tool?, Donald D. Duncan, Sean J. Kirkpatrick

Electrical and Computer Engineering Faculty Publications and Presentations

The ultimate objective of laser speckle flowmetry (and a host of specific implementations such as laser speckle contrast analysis, LASCA or LSCA; laser speckle spatial contrast analysis, LSSCA; laser speckle temporal contrast analysis, LSTCA; etc.) is to infer flow velocity from the observed speckle contrast. Despite numerous demonstrations over the past 25 years of such a qualitative relationship, no convincing quantitative relationship has been proven. One reason is a persistent mathematical error that has been propagated by a host of workers; another is a misconception about the proper autocorrelation function for ordered flow. Still another hindrance has been uncertainty in …

Romans Jest At The Protestant Test Or How Catholic Missions And Debate Changed Protestant Minds About Toleration, Lisa Clark Diller

Faculty Works

No abstract provided.

Protestant And Catholic Cooperation In Early Modern England, Lisa Clark Diller

Faculty Works

No abstract provided.

Path Of The Dragon’S Eye: Using Fantasy Elements In Realism, Winston Edward Jones Jr.

Honors Theses

WINSTON EDWARD JONES: A Collection ofInterwoven Fantasy Short Stories (Under the direction ofRonald Schroeder)

The stories presented in this thesis illustrate a common theme through the use of both fantasy and realism. Specifically, these dichotomous styles are used to comment on the nature of human desire. To represent desire, each story features an appearance and interaction with the titular item, the dragon’s eye. This item often serves as both representation and foil to the characters’ deepest desires. By interjecting this fantastic jewel into realistic situations, these stories attempt to utilize fantasy as a vehicle through which emotional tension is created …

Object Usage Processing Improves Memory, Joseph C. Tann

Honors Theses

JOSEPH C. TANN: Usage as a Beneficial Method of Encoding

Many psychologists have attempted to find the most effective method of processing information in human memory. For years, the pleasantness method of processing was considered to be among the best methods for enhancing memory performance. One recent theory (Nairne, 2007) has suggested that processing items in terms oftheir survival value may be an even more proficient method of processing. Another theory (Reysen & Adair, 2008) attempted to prove that survival may not be the reason for the enhanced performance, but the individual’s connection with the specific object’s usage. My experiment …

The "Reasonable Plant" Test: When Progress Outruns The Constitution, Max Stul Oppenheimer

Minnesota Journal of Law, Science & Technology

No abstract provided.

After Ebay, Inc. V. Mercexchange: The Changing Landscape For Patent Remedies, Bernard H. Chao

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Costs Of Privilege: Defining Price In The Market For Educational Copyright Use, L. Ashley Aull

Minnesota Journal of Law, Science & Technology

No abstract provided.

Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire A. Hil

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Rationality Of Preference Construction (And The Irrationality Of Rational Choice), Claire A. Hill

Minnesota Journal of Law, Science & Technology

No abstract provided.

Authentic Happiness, Self Knowledge & Legal Policy, Peter H. Huang

Minnesota Journal of Law, Science & Technology

No abstract provided.

Heterosexual Sexual Behavior Is Governed By Social Exchange And Basic Economic Principles: Sexual Economics Theory, Kathleen D. Vohs, Jannine Lasaleta

Minnesota Journal of Law, Science & Technology

No abstract provided.

Legal Innovation And The Compliance Paradox, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim

Minnesota Journal of Law, Science & Technology

No abstract provided.

Intentions, Guilt And Social Interactions, J. Atsu Amegashie

Minnesota Journal of Law, Science & Technology

No abstract provided.