Digital Commons Network^™

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 …

Climate Change "Crisis" - Struggling For Worldwide Collective Action, Lisa M. Schenck

GW Law Faculty Publications & Other Works

Global climate change due to increased levels of atmospheric greenhouse gases caused by human activity has the potential to threaten life on earth. International cooperation is required to effectively address this threat; however the climate crisis represents a classic collective action problem in response to overexploitation of a global commons. This article explains the global climate change issue, traces efforts to confront it, and argues that inherent difficulties plague collective responses to global commons problems. It pinpoints individual reasons for collective action failures, examines background economic and scientific problems, and analyzes how group factors such as strategy and coalition building …

Complex Litigation Lecture: The Adversary System And Modern Class Action Practice, Roger H. Trangsrud

GW Law Faculty Publications & Other Works

In modern class action practice, the class action device can enormously expand the availability of justice but can also cause substantial injustice to defendants and absent class members when improperly used. The latter is often the case because Rule 23 of the Federal Rules of Civil Procedure has come to be interpreted by the federal courts in ways that mask the proper criteria that should be used in deciding whether to certify a class action. Thus, Rule 23 needs a complete overhaul. First, Rule 23 should be amended to allow appeals as of right, not discretion, from orders granting or …

The Justice System And Domestic Violence: Engaging The Case But Divorcing The Victim, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This Article examines the development of an inverse relationship in the legal system between the concern accorded domestic violence cases and the concern accorded domestic violence victims. The Article analyzes both philosophical approaches and concrete mechanisms currently used by the justice system to address domestic violence. Concluding that the current system- though it signals a serious institutional attitude toward addressing domestic violence – has failed to increase victim safety, this Article advocates for a paradigm shift in the legal system’s approach to domestic violence.

Specifically, the Article analyzes the viability of a paradigm shift in the philosophy behind current policies …

The Self-Defensive Cognition Of Self-Defense, Donald Braman, Dan M. Kahan

GW Law Faculty Publications & Other Works

Why do certain self-defense cases - ones, e.g., involving battered women who kill their sleeping abusers, or beleaguered commuters who shoot panhandling minority teens - provoke intense political conflict? The conventional and seemingly obvious answer is that people judge such cases in a politically partisan fashion. This paper, however, suggests a subtler and more complex explanation. Social psychologists have shown that individuals resolve factual ambiguities in a manner supportive of their defining values, both to minimize dissonance and to protect their connection to others who share their commitments. This form of self-defensive cognition, it is submitted, shapes individuals' perceptions of …

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 …

Intellectual Property For Market Experimentation, Michael B. Abramowicz, John F. Duffy

GW Law Faculty Publications & Other Works

Intellectual property protects investments in the production of information, but the literature on the topic has largely neglected one type of information that intellectual property might protect: information about the market success of goods and services. A first entrant into a market often cannot prevent other firms from free-riding on information about consumer demand and market feasibility. Despite the existence of some first-mover advantages, the incentives to be the first entrant into a market may sometimes be inefficiently low, thereby giving rise to a net first-mover disadvantage and discouraging innovation. Intellectual property may counteract this inefficiency by providing market exclusivity, …

Soft Law, Dinah L. Shelton

GW Law Faculty Publications & Other Works

International law is a largely consensual system, consisting of norms that states in sovereign equality freely accept to govern themselves and other subjects of law. International law is thus created by states, using procedures that they have agreed are legislative, that is, through procedures identified by them as the appropriate means to create legally-binding obligations. In contrast to the agreed sources listed in the International Court of Justice (ICJ) Statute, state practice in recent years, inside and outside international organizations, increasingly has placed normative statements in non binding political instruments such as declarations, resolutions, and programs of action, and has …

The Ecology Of Corporate Governance In China, Donald C. Clarke

GW Law Faculty Publications & Other Works

The substantive norms of Chinese corporate governance have been studied extensively inside and outside China. Yet much less attention has been paid to the Chinese institutional environment that determines whether and how far those norms will be made meaningful. While complaints about general lack of enforcement are common, less common are analyzes that concretely tie institutional capacity to specific enforcement problems. This article aims to fill that gap. It surveys a number of state and non-state channels for the enforcement of corporate governance rules and standards in China, from markets to regulatory bodies, looking at the specific capacities of each. …

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

GW Law Faculty Publications & Other Works

This article first recontextualizes the Second Amendment debate by examining the two main interpretations of militia clause of the amendment. First, this article examines the two main interpretations of the amendment while pushing the historical lens back to an examination of English law and society. Then, this article surveys the jurisprudence and the interpretation of the right to bear arms throughout American history. This article also addresses the rise of the academic debate and significant legal scholarship. Public Safety concludes with a look at then current and future cases and a call for the expansion of boundaries of the Second …

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 …

Target Saving In An Overlapping Generations Model, Ashok S. Guha, Brishti Guha

Research Collection School Of Economics

We examine a model in which the utility function has been engineered so that it is optimal for consumers to aim for a fixed target level of retirement resources. In this case consumption displays excess sensitivity to current income as well as perfect old age insurance. In an overlapping generations model, this leads naturally to multiple and unstable equilibria. Under static expectations, it also leads to a well-defined dynamics, including possible historical traps, implosions involving ever-diminishing capital stock and ever-increasing interest rates, and the feasibility of optimal one-time interventions.

Education And Trade, Pao Li Chang, Fali Huang

Research Collection School Of Economics

This paper examines the inherent link between a countryís education system and its comparative advantage in trade. It suggests that di§erences in education systems across countries are probably a stable equilibrium result that is compatible with and reinforced by trade patterns. In equilibrium, two distinct types of countries emerge, one that exports creativity-intensive products and has an education system encouraging diversity (as illustrated by the US), and the other one that exports high-quality manufactured products and has an education system promoting homogeneity in student quality (as illustrated by Japan). Our Öndings present a novel explanation for the coexistence of low …

Towards Inclusive Standards, Michelle Pearce

Theses: Doctorates and Masters

The context of this study is the inclusion of students with dillabilities in secondary schools. The introduction of legislation in the United States and Australia has resulted in large numbers of students with disabilities being included in regular classes by subject teachers. Inclusion in secondary schools has proved especially challenging to teachers. Reviews and research highlight the need for teacher training. but do not specify the knowledge and skills that teachers need to become inclusive. It has been proposed that professional teaching standards have the potential to guide preservice and inservice training. Before standards could be assessed for their inclusivity, …

Hong Kong's Money: The History, Logic And Operation Of The Currency Peg, Hwee Kwan Chow

Research Collection School Of Economics

No abstract provided.

The Effect Of A Reflex Replication Program On Retained Primary Reflexes, Motor Coordination, Vocabulary, Visual Motor Ability And Rapid Naming In Preprimary Aged Children, Deborah Callcott

Theses: Doctorates and Masters

The link between movement and cognition is not new, but remains steeped in controversy in the educational community. One of the reasons for this controversy has been the lack of substantial research that supports the link between movement programs and observable academic benefits. The results of recent research have indicated that the retention of primary reflexes, particularly the tonic neck reflexes in young children, can result in difficulties that affect the overall functioning of the child. The retainment of reflexes may lead to clumsiness, poor eye hand coordination, poor manipulative skills and consequently academic achievement may be compromised in some …

Computerized Adaptive Testing In Mathematics For Primary Schools In Thailand, Chaowprapha Chuesathuchon

Theses: Doctorates and Masters

A new system-wide educational change has been introduced in Thailand requiring, amongst other things, that technologies for education be utilized in all levels of education. This study focuses on Mathematics Computerized Adaptive Testing (CAT) designed to provide Thai primary school teachers with an innovative method of assessment, one of the effective tools of new technology to be used in Thai primary schools. This study aims to: (1) construct multiple-choice test items for a Mathematics course on the topic of Equations for Year 6 (Prathom Suksa 6) students in Thailand; (2) calibrate the test items using a Rasch Measurement Model, investigate …

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 …

Dimensions Of Information Technology Governance: A Study Of Theory And Practice, Pui S. Ko

Theses: Doctorates and Masters

The emergence of corporate governance is the response to recent high profile collapses of organisations such as Enron and WorldCom. Because of the ubiquitous nature of Information Technology (IT) and its influence on organisational activities, IT governance is increasingly seen as an integral part of corporate governance. However, existing literature shows the lack of a common understanding of IT governance due to various perspectives held amongst academics and practitioners. For example, schools of thought group IT governance according to structure with an emphasis on control and co-ordination or process with an emphasis on capability and continuity. The purpose of this …

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 …

Corporate Social Disclosures By Indonesian Listed Companies, Juniati Gunawan

Theses: Doctorates and Masters

The issue of corporate social disclosure (CSD) has been of growing concern among businesses and communities globally, including those in Indonesia. As one of the big developing countries which offers a large domestic market and workforce. lndonesia is exposed to this issue. This study examines the extent of CSD in Indonesian listed companies by applying the content analysis method to company annual reports for the years 2003 to 2006. Prior studies have focused on exploring the theoretical framework, seeking the motivation for disclosures and obtaining certain stakeholder's opinions regarding CSD. However, those studies were limited to developed countries and to …

Choice Of Law For Unjust Enrichment/Restitution And The Rome Ii Regulation, Adeline Chong

Research Collection Yong Pung How School Of Law

After being considered as niche territory for a long period, conflicts of law and restitution has provided a fertile ground for exposition in recent times. Whilst some development on the jurisdictional front has occurred, choice of law has lagged behind somewhat as, in England at least, no one seemed to be quite sure what was or should be the choice of law rule for restitutionary claims. However, the Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (commonly known as the Rome II Regulation) has now entered into force and will apply from …

Settlement Agreements As Defences To Unjust Enrichment Claims, Hang Wu Tang

Research Collection Yong Pung How School Of Law

There is unanimity that where there is a contract of settlement, an unjust enrichment claim is barred.  However, there is uncertainty in this area because it is sometimes quite difficult to determine whether a contract of settlement has been concluded between the parties.  This essay will consider the various tests for determining the boundaries of a settlement contract. In the absence of an express settlement agreement, the argument made in this paper is that the most satisfactory and practical approach to deciding whether there is an implied settlement agreement is to focus on whether the payor was consciously aware of …

Anaesthetic Management Of Tracheal Reconstruction Using Jet Ventilation, Khalid, Samad, Faisal Shamim, Muhammad Sohail Awan, Muhammad Qamarul Hoda

Department of Anaesthesia

No abstract provided.

Auditing Standards Board (Asb) Meeting, January 29, 2008, Conference Call, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, January 8-10, 2008, Amelia Island, Fl; Asb Highlights January 2008, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, May 6-8, 2008, Chicago, Il, Approved Highlights; Asb Highlights May 2008, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, December 11-12, 2008, Washington, Dc, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.