Digital Commons Network^™

Demystifying Hedge Funds: A Design Primer, Henry Ordower

All Faculty Scholarship

Describes and analyzes hedge fund structures in the context of the United States statutes and regulations that inform those structures.

Public Safety And The Right To Bear Arms, Robert J. Cottrol, Raymond T. Diamond

GW Law Faculty Publications & Other Works

On Tuesday November 20th, 2007 the United States Supreme Court granted certiorari in a case involving the District of Columbia's ban on handguns. The statute had been successfully challenged in the United States Court of Appeals for the District of Columbia Circuit on the grounds that it violated the Second Amendment's guarantee of "the right of the people to keep and bear arms." With its decision to grant certiorari, the Supreme Court entered a constitutional controversy from which it had been largely absent for nearly seventy years, the meaning and scope of the Second Amendment. That controversy, the debate over …

Protean Jus Ad Bellum, Sean D. Murphy

GW Law Faculty Publications & Other Works

The jus ad bellum is generally viewed as a static field of law. The standard account is that when the UN Charter was adopted in 1945, it enshrined a complete prohibition on the use of force in inter-state relations, except when action is being taken in self-defense against an armed attack or under authorization of the UN Security Council. Yet it seems likely that in the years to come, many states and non-state actors will increasingly insist upon a different vision of the jus ad bellum, one that conceives of it as more protean in nature.

Protean jus ad bellum …

More Than One Cent For Tribute, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This is a book review of Fred S. McChesney, Money for Nothing: Politicians, Rent Extraction & Political Extortion (Harvard University Press 1997).

Effectiveness Of Government Interventions At Inducing Better Environmental Performance: Does Effectiveness Depend On Facility Or Firm Features?, Robert L. Glicksman, Dietrich Earnhart

GW Law Faculty Publications & Other Works

Environmental agencies have several options for dealing with alleged noncompliance with environmental regulations. These options include pursuit of administrative or judicial civil penalties and injunctions to prevent future violations. Scholars have begun exploring whether these options induce better performance by regulated entities. This Article addresses a largely neglected question: whether a regulated facility's characteristics affect the efficacy of the different enforcement options. The Article stems from a study of compliance by the chemical industry with federal Clean Water Act permits. It assesses whether facility characteristics, including effluent limit level and type, permit modifications, facility size, capacity utilization, discharge volatility, and …

Hydrogeochemical Processes As Environmental Indicators In Drip Water: Study Of The Cueva Del Agua (Southern Spain), Angel Fernandez-Cortes, Jose Maria Calaforra, Francisco Sánchez-Martos

International Journal of Speleology

Karst caves exhibit a wide range of hydrological and hydrochemical responses to infiltration events, due to their physical heterogeneity in space and dynamic variability over time, and due to non-Gaussian inputs (rain) and outputs (discharge). This paper reviews different approaches of studying seepage water in caves, in order to understand the infiltration regimen in the non-saturated zone of karst areas. As an illustration, we describe a four-year study of the active carbonate-water system in the Cueva del Agua (Granada, southern Spain) that automatically logs the discharge from a stalactite. The results indicate that: (1) the drip water regime is not …

Hate Crimes And The War On Terror, Cynthia Lee

GW Law Faculty Publications & Other Works

This chapter, which will be part of a 5 volume treatise entitled, Hate Crimes: Perspectives and Approaches (Barbara Perry ed. forthcoming 2009), situates the private acts of hate violence committed against Arab-Americans, Muslim-Americans, Sikh-Americans, and South Asian-Americans in the aftermath of 9/11 into the broader context of the war on terror. In Part I, after providing some general background information on hate crimes, I discuss some of the hate crimes committed in the aftermath of 9/11. In Part II, I examine two common stereotypes about Arabs and Muslims which likely contributed to the post 9/11 backlash against Arabs and Muslims …

Why Contractor Fatalities Matter, Steven L. Schooner

GW Law Faculty Publications & Other Works

At the end of July 2008, the media reported that 4,600 service members have died in Operations Iraqi Freedom and Enduring Freedom. But reporting only military fatalities understates the human cost of America's engagements in these regions by nearly a fourth. On the modern, outsourced battlefield, the U.S. government increasingly has delegated to the private sector the responsibility to stand in harm's way and, if required, die for America. As of 30 June 2008, more than 1,350 civilian contractor personnel had died in Iraq and Afghanistan, while another 29,000 contractors have been injured; more than 8,300 seriously. Nonetheless, contractor fatalities …

Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Sovereignty has long been the dominant lens through which we view both federalism and international law. From the perspective of sovereignty, both federalism and international law are primarily about drawing clear boundaries and demarcations between separate, autonomous power centers. Recently, however, a group of scholars have embraced a more pluralist approach to both American federalism and international law. They have touted the important virtues of jurisdictional redundancy and inter-systemic governance models in which multiple legal and regulatory authorities weigh in regarding the same acts and actors. And they argue that such jurisdictional redundancies are not just a necessary accommodation to …

The Case For Tolerant Constitutional Patriotism: The Right To Privacy Before The European Courts, Francesca Bignami

GW Law Faculty Publications & Other Works

The theory of constitutional patriotism has been advanced as a solution to the European Union's legitimacy woes. Europeans, according to this theory, should recognize themselves as members of a single human community and thus acknowledge the legitimacy of Europe-wide governance based on their shared belief in a common set of liberal democratic values. Yet in its search for unity, constitutional patriotism, like nationalism and other founding myths, carries the potential for the exclusion of others. This article explores the illiberal tendencies of one element of the liberal canon - the right to privacy - in the case law of Europe's …

Randomized Legal Experimentation, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Social scientists have performed and analyzed a number of randomized studies of policies, but the legal literature has not addressed whether and how the legal system should incorporate experimental methods. This Article identifies several benefits of randomized legal experimentation and argues that these benefits supports self-executing experiments, whose results would lead to policy changes agreed upon in advance. Randomized experiments can generate information, and self-execution can help ensure that this information affects the policy process. Such experiments may be easier to enact than other legal reforms, because each side of a policy debate may believe that an experiment is likely …

Resisting The Socialist Fetish, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.

Rational And Boundedly Rational Behavior In Sender-Receiver Games, Massimiliano Landi, Domenico Colucci

Research Collection School Of Economics

The authors investigate the strategic rationale behind the message sent by Osama bin Laden on the eve of the 2004 U.S. Presidential elections. They model this situation as a signaling game in which a population of receivers takes a binary choice, the outcome is decided by majority rule, sender and receivers have conflicting interests, and there is uncertainty about both players’ degree of rationality. They characterize the structure of the sequential equilibria of the game as a function of the parameters governing the uncertainty and find that in all pure strategy equilibria, the outcome most preferred by the rational sender …

Preparing Tomorrow's Teachers Today, Jeniffer M. Lane

Theses: Doctorates and Masters

This portfolio documents the learning journey of a preservice teacher educator in Western Australia. The problem investigated is how should we best to prepare preservice teachers for teaching in future contexts. This document has several sections, firstly the literature review discusses topics that have relevance for teacher educators preparing teachers of the future to work in a knowledge-based economy. Then four phases of research both quantitative and qualitative are presented interlinked by a personal narrative. The narrative describes how the studies and research impacted on the teaching practices of the researcher. The powerful findings of the research with teachers in …

Adapting Information Operations To A Changing World: Future Options For The United States Government, Edwin L. Armistead

Theses: Doctorates and Masters

In 1998, the Department of Defense in the United States released the first of a series of seminal policies on Information Operations (IO). Entitled Joint Publication 3-13, this instruction laid out for the first time, in an unclassified format, how the American military forces could utilise this particular element of power. As a relative newly defined activity, this publication proposed to revolutionise the manner in which warfare, diplomacy, business and a number of other areas are conducted. However, this radical transformation in the United States government with regard to IQ has not occurred over the last decade and a significant …

Flow In Porous Media And Environmental Impact, Noujoud M Jawhar

Theses

No abstract provided.

Pandemic Preparedness Among Sudanese Migrants In Greater Cairo, Yasmine Ahmed, Rebecca Dibb

Faculty Journal Articles

This study looked at the perceptions and vulnerabilities of Sudanese migrants to an influenza pandemic in Egypt. Migrants’ limited access to health and non-health public services in Egypt and the absence of a specific migrants’ component in the Egyptian National Pandemic Preparedness Plan provide indication of the vulnerability of migrants, both in terms of prevention and actual protection during a pandemic. This research project, commissioned by the International Organization for Migration (IOM) and conducted by the Centre for Migration and Refugee Studies (CMRS) at the American University in Cairo, aimed to provide a situational analysis of pandemic preparedness among the …

Preparation And Characterization Of (Gesbte)) Semiconductors For Phase-Change Optical Storage, Hessa Ali Humeid Al-Shamisi

Theses

In the last decade, the phase change optical recording based upon chalcogenide glasses has advanced remarkably at full-scale commercial applications in the form of rewritable compact disks (CD-RWs). The principle of phase-change optical recording is based on a thermally induced reversible transformation between amorphous and crystalline phases. The search for recording materials possessing fast crystallization rate and long data retention has been pursued. Research results have revealed that Ge-Sb-Te compounds exhibit fast crystallization, which has been explained in terms of their single-phase structure.

In the present work, electrical properties of Ge-Sb-Te thin films using Impedance Spectroscopy, Current-Voltage, and Capacitance-Voltage techniques …

Feasibility Assessment For A Bed And Breakfast Associated With The University Of Northern Iowa, Seth A. Johnson

Graduate Research Papers

The purpose of this study was to examine the potential for a bed and breakfast operation associated with or adjacent to the University of Northern Iowa, and to provide insight into the characteristics necessary to make a bed and breakfast operation at UNI successful. This study will examine this potential through surveys and secondary research, and provide tools to enable the University to open a bed and breakfast if it is found to be feasible.

Annual Report Of The Registrar 2007/2008, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

Contents:

--- Definitions
--- Annual Report Data
--- Summary of Attendance
--- Attendance by Session
--- Full-time Equivalency Enrollment
--- Degrees Granted --Degree Summary
--- Program Certificates
--- Pupils in Price Laboratory School
--- Miscellaneous Enrollment Information
--- Degrees Granted by College, Degree Objective, and Racial/Ethnic Classification

Corpulent Counter-Publics: Radical Cheerleading And Resignification Of The Fat Body, Emily Dianne Cram

Dissertations and Theses @ UNI

This thesis investigates the power of language, discourse, and symbols in the dominant construction of corpulence, and how it simultaneously constricts subjectivity and offers avenues of resistance and revolt. I focus my analysis on the public protest actions of San Francisco's radical cheerleading troupe The Bod Squad. I argue that The Bod Squad's protest constitutes a counter-public sphere in its rhetorical functions of positive self-representation and public confrontation. Through their protest actions, The Bod Squad stretches dominant ideologies of corpulence to create discursive space for alternative articulations of identities, interests, and needs. This thesis challenges traditional counter-public sphere theory and …

The Paradox Of Financial Services Regulation: Preserving Client Expectations Of Loyalty In An Industry Rife With Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

This paper considers the implications of Australian Securities and Investments Commission v. Citigroup [2007] FCA 963, a landmark decision of the Federal Court of Australia. The case highlights an apparent paradox in financial services regulation: at the same time as allowing, or even fostering, the development of financial services conglomerates, regulation in multiple jurisdictions preserves potentially incompatible general law obligations that arise from client expectations of loyalty. The paradox is most evident in the context of the modern investment bank.

The paper discusses the dynamic nature of investment banks, their organizational structure, the types of conflicts they typically face and …

The Roles Of Coaches And Teachers : Fostering A Climate For Motivation In An Age Of Accountability, Jocelyn Hays

Graduate Research Papers

This paper examines the difference between how a coach motivates an athlete or fosters a climate for motivation versus how a teacher motivates a student or fosters a climate for motivation. One way to examine how coaches and teachers motivate their athletes and students is to examine the roles of coaches and teachers as motivators. Examining the roles of coaches and teachers as motivators and the subsequent discussion of how the roles of coaches as motivators could inform the roles of teachers as motivators seeks to satisfy society's call for teacher accountability.

Student Led Video Production Projects In The Classroom, Slade Hovick

Graduate Research Papers

The purpose of this paper is twofold: first, to review the literature on using video production projects in educational settings, and second, to evaluate their effectiveness. Specifically, the issues of student motivation and student retention, and what effects student-led video production projects have on these areas, are considered closely.

How Teacher-Librarians Can Effectively Support Technology Integration In 21st Century Schools, Holly L. Karlen

Graduate Research Papers

Schools and the role of the teacher-librarian are rapidly changing as we begin the twenty-first century. This review examines the historical and current role of teacher-librarians, concepts of information literacy and technology integration, and how teacher-librarians can integrate these skills in twenty-first century schools. New technologies and how teacher-librarians can gain support for their new role are also examined.

Through an extensive literature review and synthesis of information, a series of five research questions are evaluated. This review shows that the teacher-librarian's role has changed dramatically in the last twenty-five years. By emphasizing information literacy and technology integration into both …

Mother-Daughter Communication And Media Influence On Self-Esteem And Body Image, Tori Austin

Dissertations and Theses @ UNI

Societal norms based on media venues influence the perception young females have of themselves; however, some literature indicates the mother daughter relationship can help minimize the possible negative effects. Young women are more susceptible to desire distorted media images of glamorous and thin women. As they make social comparisons with mediated images of womanhood, they may become disappointed in their own body image and possess lower self-esteem. The previous research has gaps when discussing mother daughter relationships, media's influence, and the impact on adolescent girls' self-esteem and body image. To determine predictors to young women's self-esteem and body image, 119 …

“By The Stroke Of A Pen”: A Brief Look At Writer’S Representations Of Race, Injustice, And Violence, Audra Kremer

Student Writing Awards

When studying American history, it is easy to dismiss racism as a thing of the past, something that we admit is still present but that we think must be better than it once was. Charles Chesnutt wrote The Marrow of Tradition over one hundred years ago, using the title itself to concentrate on how the very core of Southern Tradition is based on racism. Chesnutt would have been disappointed to see how far into the future this ideology extended, and that it would not be until the civil rights movement of the 1970’s that blacks and whites were granted equal …

"Stand And Unfold Yourself": The Subjectivity Of Interpretation In Hamlet, Josh Mahoney

Student Writing Awards

Critical interpretations of Hamlet are largely dependent upon the cultural zeitgeist that provides the cognitive paradigm through which critics formulate their ideas. The zeitgeist also influences which text of Hamlet to consider, since no single authoritative manuscript of the play exists. Critics must also consider Hamlet beyond a simple textual reading, since the competing documents of Q1, Q2 and F1—among later additions—only serve as the basis for theatrical representations. The inherent fluidity of performance is apparent to anyone who has ever been to the theater, even a modern one. Actors embodying characters on stage in front of an audience make …

Creating Preservation-Ready Web Resources, Joan A. Smith, Michael L. Nelson

Computer Science Faculty Publications

There are innumerable departmental, community, and personal web sites worthy of long-term preservation but proportionally fewer archivists available to properly prepare and process such sites. We propose a simple model for such everyday web sites which takes advantage of the web server itself to help prepare the site's resources for preservation. This is accomplished by having metadata utilities analyze the resource at the time of dissemination. The web server responds to the archiving repository crawler by sending both the resource and the just-in-time generated metadata as a straight-forward XML-formatted response. We call this complex object (resource + metadata) a CRATE. …

The Role Of Pax7 In The Formation Of The Superior Colliculus And The Vertebrate Visual System, Jennifer A. Thompson

Theses: Doctorates and Masters

This thesis has explored the role of Pax7 in formation and maturation of the mouse superior colliculus, an important brain region associated with topographic visual input and the capacity to evoke appropriate visuomotor responses to environmental stimuli. The research performed was explicitly targeted at understanding the relationship between Pax7 expression and the formation of the topography of the superior colliculus, including neuron specification and differentiation, boundary formation, polarisation and retinocollicular mapping. By employing histochemical, immunohistochemical and immunofluorescent techniques, together with quantification utilising Optimas Digital Image Analysis, this project assessed Pax7 expression in diverse mutant and wildtype mice …