Digital Commons Network^™

Legal Constraints On Child-Saving: The Strange Case Of The Fundamentalist Latter-Day Saints At Yearning For Zion Ranch, Catherine J. Ross

GW Law Faculty Publications & Other Works

It may seem counterintuitive, but children in foster care are more likely to achieve permanency if we take the legal rights of their parents seriously. When all state actors, from social workers to judges, consider parental rights before removing children from their families or terminating parental rights, subsequent adoptions are more likely to be insulated from ongoing litigation, or in the worst instance, revocation. I am a strong proponent of children’s rights. In the context of the child welfare system, however, respect for the rights of parents can protect children from unnecessary and frightening disruptions. The doctrine of parens patriae, …

Picking The Correct Argument, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article on trial tactics suggests that probably no rule of thumb is more important to a trial lawyer than this: You need only one good theory of admissibility or objection to win a point, and in many instances the key is to pick the winner and avoid the losers. The rule is easy to state and widely acknowledged. It is more difficult, however, to apply than to acknowledge. A related rule is that a lawyer who has a powerful, potentially winning argument, may ultimately lose if that argument is lost in a flurry of less persuasive arguments.

Rule 404(B) And Reversal On Appeal, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article discusses a strange case, United States v. Bell, 516 F.3d 432 (6th Cir. 2008), that illustrates the point that, if hard cases make bad law, strange cases sometimes produce surprising appellate decisions. The case began with a domestic violence call to the police, led to a consent search of a home and discovery of drugs and guns, and produced a conviction on drug and weapons charges. Despite the abuse of discretion standard of review and the usual deference appellate courts give to trial judge decisions with respect to the admissibility of uncharged crime evidence, the court of appeals …

The Importance Of An Independent Bar, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This paper, presented at International Bar Association's 10th Transnational Crime Conference in Washington, D.C., on June 9, 2007 begins from the premise that, as the world becomes more complex and therefore more dangerous, governments seek to limit individual rights in the name of crime control and/or national security. The paper cautions that we must always keep in mind that individual rights once lost are not easily regained. Accordingly, the unique and important role of an independent bar in protecting and defending liberty is more, not less, important than ever before. Thus, the efforts of the lawyers, military and civilian, to …

Interpreting The Americans With Disabilities Act: A Case Study In Pragmatic Judicial Reconstruction, Michael Selmi

GW Law Faculty Publications & Other Works

This article challenges the prevailing academic consensus regarding the Supreme Court's interpretation of the Americans With Disabilities Act ("ADA"). In a series of cases over the last decade, the Supreme Court has sharply limited the scope of the statute by narrowly defining what constitutes a disability, and most commentators have attributed the cases to a judicial backlash or a lack of empathy for the disabled. This article offers a counter narrative. Although the Supreme Court's interpretations have plainly narrowed the scope of the statute, and without regard to congressional intent, I suggest that the decisions are largely consistent with congressional …

The New Vulnerability: Data Security And Personal Information, Daniel J. Solove

GW Law Faculty Publications & Other Works

This book chapter was originally written for a conference on privacy and security at Stanford Law School held in March 2004. The chapter argues that abuses of personal information are caused by the failure to regulate the way companies manage personal information. Despite taking elaborate technological measures to protect their data systems, companies readily disseminate the personal information they have collected to a host of other entities and sometimes even to anyone willing to pay a small fee. Companies provide access to their record systems over the phone to anybody in possession of a few easy-to-find pieces of personal information …

Surface Temperature Mapping Of The University Of Northern Iowa Campus Using High Resolution Thermal Infrared Aerial Imagery, Alexander Savelyev

Dissertations and Theses @ UNI

The goal of this study was to produce and analyze a heat loss map of the University of the Northern Iowa campus using thermal infrared remote sensing data. Aerial data with the spatial resolution of 0.29m and radiometric resolution of 14 bit was collected. A model for the pixel to radiance and temperature conversion was developed with its parameters estimated with an R² of 0.78. Temperature imagery was shown to be consistent over the time of the survey and accurate to within 12°C. The temperature map then was used to assess the conditions of the rooftops and steam pipelines …

Janesville Csd K-12 School Library: A Facility Design And Development Study, Christine Jacobs

Graduate Research Papers

The purpose of this study was to research the planning procedures undertaken during the design and development of the Janesville Consolidated School District's K-12 School library facility. This research focused on the importance of building a new K-12 school library, in a small rural school setting, while emphasis on the planning procedures and the analysis of its layout/design, and overall effectiveness.

The methodology the researcher used for this study was a narrative design, in order to collect data that occurred over twelve months. The researcher interviewed fourteen key stakeholders that had adequate experience and/or a leadership role regarding the facility …

Response Letters To Camayd-Freixas Article On Postville Raid

Postville Project Documents

A collection of letters submitted to the Congressional Record written in support of an article on the Postville raid written by Erik Camayd-Freixas.

Virginia Woolf's Female History In "The Journal Of Mistress Joan Martyn", Laura Lojo-Rodríguez

Short Story

No abstract provided.

Front Matter - Table Of Contents

Short Story

No abstract provided.

Short Story, Volume 16, Number 1, Spring 2008 [Download Entire Issue]

Short Story

No abstract provided.

Japan's Evolving Military: East Asia, The United States, And The International System, Kelly Therese Fink

Seton Hall University Dissertations and Theses (ETDs)

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Buried : Unearthing The Secrets Of Oregon Truffles, Lucy Burningham

Dissertations and Theses

Heady, rich and mood-altering, truffles have inspired quixotic legends, bizarre crimes and gluttonous consumption for hundreds, even thousands of years. For as long as humans have known about the strange, bulbous fungi that grow underground, they have found truffles fascinating, mysterious and persuasive. Expert at the art of luring people and animals through scent alone, truffles beg to be found.

Heady, rich and mood-altering, truffles have inspired quixotic legends, bizarre crimes and gluttonous consumption for hundreds, even thousands of years. For as long as humans have known about the strange, bulbous fungi that grow underground, they have found truffles fascinating, …

Chinese Liver Flukes In Latrine Sediments From Wong Nim’S Property, San Bernardino, California: Archaeoparasitology Of The Caltrans District Headquarters (Galley Proofs), Karl J. Reinhard, Adauto Araújo, Luciana Sianto, Julia G. Costello, Karen Swope

School of Natural Resources: Faculty Publications

Parasitological analysis of 5 sediment samples from latrine deposits spanning the time period from about 1880 to the 1930s are presented. Two sediment samples are from a latrine used by European-Americans. Three sediment samples are from latrines used by Chinese-Americans on the property of Wong Nim, an important member of the Chinese community. Two of the Chinese latrines were positive for human parasites. The human parasites encountered include the human whipworm (Trichuris trichiura), the giant intestinal roundworm (Ascaris lumbricoides, c.f.), and the Chinese liver fluke (Clonorchis sinensis). Evidence of the liver fluke is especially …

Power Laws, Discontinuities And Regional City Size Distributions, Ahjond S. Garmestan, Craig R. Allen, Colin M. Gallagher

School of Natural Resources: Faculty Publications

Urban systems are manifestations of human adaptation to the natural environment. City size distributions are the expression of hierarchical processes acting upon urban systems. In this paper, we test the entire city size distributions for the southeastern and southwestern United States (1990), as well as the size classes in these regions for power law behavior. We interpret the differences in the size of the regional city size distributions as the manifestation of variable growth dynamics dependent upon city size. Size classics in the city size distributions are snapshots of stable states within urban systems in flux.

International Education: Impact Of The European Union's Bologna Agreement On U.S. Higher Education, Graciela Helguero-Balcells

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Since September 11, 2001 there has been a growing realization within the United States that in order to achieve better instruments to strengthen national security, compete and be successful within the global community, it has become vital to look at the American educational system which, according to some critics, presently is lacking the international elements in order to do so. With the advent of the educational reforms in Europe (Bologna Agreement, June 19,1999), those nations that have embraced more uniformity amongst themselves have concluded that competition in the global market has made it imperative to make changes in the academic …

Public Recreation And Neighborhood Sense Of Community: An Exploration Of A Hypothesized Relationship, Svetoslav D. Gueorguiev, Edwin Gómez, Eddie Hill

Human Movement Studies & Special Education Faculty Publications

This study explores the relationship between park attributes (perceived safety and perceived benefits) and their relationship to sense of community in urban neighborhoods. The study finds that the perception of benefits derived from park use has a direct relationship with sense of community, and that park safety is indirectly related to sense of community, with the perception of park benefits mediating the relationship between park safety and sense of community. Theoretical and practical considerations are discussed.

The Problems Of Securitizing Sub-Prime Loans, Tamar Frankel

Faculty Scholarship

In October 2007, the board of directors of Merrill-Lynch, Smith & Fenner, one of the largest if not the largest brokerage houses in the United States, accepted the request for early retirement of its Chief Executive Officer. The brokerage firm disclosed that it has lost over $8 billion on its investments in sub-prime mortgage loans.¹ Merrill Lynch was not the only financial giant to sustain enormous losses. The losses caused market liquidity to dry up. The U.S. government took steps to ease the pressure.² But the high leverage of the system is still unravelling. The effect of these …

The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, David S. Evans, Keith N. Hylton

Faculty Scholarship

The antitrust laws of the United States have, from their inception, allowed firms to acquire significant market power, to charge prices that reflect that market power, and to enjoy supra-competitive returns. This article shows that this policy, which was established by the U.S. Congress and affirmed repeatedly by the U.S. courts, reflects a tradeoff between the dynamic benefits that society realizes from allowing firms to secure significant rewards, including monopoly profits, from making risky investments and engaging in innovation; and the static costs that society incurs when firms with significant market power raise price and curtail output. That tradeoff results …

Inventors, Entrepreneurs, And Intellectual Property Law, Michael J. Meurer

Faculty Scholarship

I am not sure why small business concerns have not had more influence on IP law. Perhaps the sentiment prevailing in antitrust law spilled over into IP law. American antitrust law has reached a near consensus that small firms get no special treatment under a law designed to protect competition, not competitors. ° In contrast, European competition law regulators are more likely to protect small business, and European patent policymakers openly fret about how to reform their patent law to promote small business.²

Regardless, my concern in this Article is mostly with the normative question: Should IP law favor …

The Legacy Of The Nuremberg Doctors' Trial To American Bioethics And Human Rights, George J. Annas

Faculty Scholarship

In this lecture I argue that modern bioethics was born at the Nuremberg Doctors' Trial, a health law trial that produced one of the first major human rights documents: the Nuremberg Code. Accepting this conclusion has significant consequences for contemporary American bioethics generally, and specifically in the context of our continuing global war on terror in which the United States uses physicians to help in interrogations, torture, and force-feeding hunger strikers.

The primary force shaping the agenda, development, and current state of American bioethics has not been either medicine or philosophy, but law, best described as health law. Like bioethics, …

Health Care Reform In America: Beyond Ideology, George J. Annas

Faculty Scholarship

The inspiration for the following keynote address was drawn from an article authored by Professor Annas in 1995 which appeared in the New England Journal of Medicine.² In that article, Professor Annas sought to explain the Clinton healthcare plan's failure by analyzing the power and importance of the healthcare reform metaphors used in promoting the plan. In his remarks here, Professor Annas extends his analysis of healthcare related metaphors to those common in current healthcare reform parlance, theorizing that current efforts at healthcare reform have been unsuccessful, in part, because the metaphors used fail to frame the issues involved …

A Watershed Moment: Reversals Of Tort Theory In The Nineteenth Century, Jed Handelsman Shugerman

Faculty Scholarship

This article offers a new assessment of the stages in the development of fault and strict liability and their justifications in American history. Building from the evidence that a wide majority of state courts adopted Fletcher v. Rylands and strict liability for unnatural or hazardous activities in the late nineteenth century, a watershed moment turns to the surprising reversals in tort ideology in the wake of flooding disasters.

An established view of American tort law is that the fault rule supposedly prevailed over strict liability in the nineteenth century, with some arguing that it was based on instrumental arguments to …

Vivum Excoriari, Kristina Marie Stafford

Theses

My inspirations for this body of sculpture are implements of torture and antique tools. I am interested in the relationship between historical value and psychological response; the push and pull of the terrible and beautiful. I am exploring the emotive substance of the objects by choosing implements that evoke an emotional and psychological response. I am obsessed with objects that crush, grasp, cut, constrict, and bind such as axes, meat hooks and, most recently, medieval torture devices. I find them simultaneously beautiful and unsettling. These objects express themselves so clearly as a threat through their form, allowing the viewers to …

Augustine's Inversion Of 1 John 4:8, Roland Teske

Philosophy Faculty Research and Publications

No abstract provided.

A Look Inside The Classroom: Teacher Satisfaction With Inclusion At The Secondary Level, Rhonda R. Lawrence

All-Inclusive List of Electronic Theses and Dissertations

Inclusion is one type of service delivery model to consider when planning for theEducation of students with special needs. Research shows that teacher attitudes are a critical factor for the success or failure of inclusion therefore, it is important to identify factors which impact teacher satisfaction with inclusion. Much of the research has been focused at the elementary level with the secondary level not being studied as frequently. The purpose of this study was to investigate high school classrooms to determine the level of teacher satisfaction regarding inclusion as identified by generalEducation English and Math teachers and specialEducation teachers. This …

A Pictorial Reinforcement Intervention Targeting Homework Submission, Completion, And Accuracy Rates Of Students In A Restrictive Classroom Environment, Lisa A. Diedrick

All-Inclusive List of Electronic Theses and Dissertations

Although studies have shown that academic achievement is highly correlated with homework completion rates, many students do not complete their homework consistently. This study focused on increasing homework submission, completion, and accuracy by implementing a homework intervention which utilized pictures indicated as favorites by students on a reinforcement survey. The study used a single subject reversal design methodology. Six students from a Midwestern middle school restrictive classroom environment participated in this study. During intervention phases, students received daily homework supplied by their classroom teacher with a cover page attached to each assignment. When homework was returned to school the following …

Characteristics Of State Trial Court Judges And Self-Reported Extralegal Factors That Influence Their Sentencing Decisions With Older Offenders, Martha S. Smith

All-Inclusive List of Electronic Theses and Dissertations

Archival research demonstrates that older offenders are treated more leniently in the criminal system by judges. More specifically, older offenders are less likely to be incarcerated, and when they are incarcerated, they receive shorter sentences. However, to date, no research has directly examined why such leniency occurs. A total of 1,005 surveys were sent to state trial court judges across the United States. Two hundred twelve surveys were returned. The surveys contained two questionnaires, the Judicial Attitudes Survey (JAS) and the Aging Opinion survey (AOS). The JAS was created specifically for this study, and it assesses the types of information …

Collaborative Teaching Strategies And Methods Used Between Specialeducation And Generaleducation Teachers In Collaborative Classrooms, Alexandra M. Kanellis

All-Inclusive List of Electronic Theses and Dissertations

With the implementation of No Child Left Behind (2004) and the requirements set by Article 7 and IDEIA (2004), collaborative teaching has become a requirement for most specialEducation and generalEducation teachers. GeneralEducation and specialEducation teachers are asked to cooperate to successfully meet the needs of all students in their classroom and to ensure the execution of differentiated instruction in the inclusive classroom. This qualitative research involves the observation and interview of veteran generalEducation and specialEducation teachers. Specifically, the study was designed to verify these teachers' perceptions of collaboration and how collaboration between generalEducation and specialEducation teachers is applied into the …