Digital Commons Network^™

Tax Fairness, Brian Galle

Georgetown Law Faculty Publications and Other Works

This Article argues that, contrary to the consensus of economists and many legal scholars, the norm of "horizontal equity" in taxation has independent meaning as a default rule in favor of existing arrangements. Although it has long been said, and widely thought, that tax should be fair in its dealings with individuals who are situated similarly to one another, no one has been able to say convincingly just what that fairness comprises. As a result, the learned referees in the last major dispute over the significance of horizontal equity judged that fairness's critic had decidedly won the day. Since then, …

Domestic Bonds, Credit Derivatives, And The Next Transformation Of Sovereign Debt, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Not long ago, financial markets in most poor and middle-income countries were shallow to nonexistent, and closed to foreigners. Governments often had to rely on risky borrowing abroad; the private sector had even fewer options. But between 1995 and 2005, domestic debt in the emerging markets grew from $1 trillion to $4 trillion. In Mexico, domestic debt went from just over 20% of the total government debt stock in 1995 to nearly 80% in 2007. Foreign and local investors are buying. Over the same period, derivative contracts to transfer emerging market credit risk surpassed the market capitalization of the benchmark …

Improving Immigration Adjudications Through Competent Counsel, Andrew I. Schoenholtz, Hamutal Bernstein

Georgetown Law Faculty Publications and Other Works

The immigration adjudication system in the United States is in serious need of reform. While much attention has focused on one of the principal adjudicators, the Immigration Judges, recent research conducted by Philip Schrag, Jaya Ramji-Nogales, and Andrew Schoenholtz has shown that policymakers and adjudicators should be examining all levels of decision making. This includes not only decisions at the Immigration Court level but also at the Asylum Office, the Board of Immigration Appeals and the Circuit Courts. In Refugee Roulette: Disparities in Asylum Adjudication, the authors found a troubling degree of inconsistency at all levels that track individual …

Access Assured: Restoring Progressivity In The Tax And Spending Programs For Higher Education, Kerry A. Ryan

All Faculty Scholarship

Presently, the federal government subsidizes the higher education expenses of individual college students through two distribution channels: the tax system and the transfer system. Under each subsystem, there are a multitude of programs available to assist students in meeting their postsecondary educational expenses. The proliferation of so many forms of federal student aid raises issues of intra- and inter-program effectiveness. In their current form, the tax benefits for higher education do not get the right amount to the right people at the right time. The federal college spending programs, on the other hand, get the right amount to the right …

Irregular Panels, Samuel P. Jordan

All Faculty Scholarship

This article explores a common but essentially unexplored feature of appellate decision-making: decisions by irregular panels. Decisions in the federal courts of appeals are usually reached by panels of three statutorily authorized judges. But appellate panels are often irregular in practice, either because an authorized judge becomes unavailable or because an unauthorized judge is assigned as a panel member. The traditional approach, supported by both statute and case law, has been to accept the former while rejecting the latter. When considered functionally, however, decisions by quorum are at least as problematic as those by panels with unauthorized members. The absence …

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.

A Better Approach For Balancing Authority And Accountability In Shareholder Derivative Litigation, Ann M. Scarlett

All Faculty Scholarship

Corporations present an interesting illustration of the authority versus accountability dilemma. Shareholders elect the directors of the corporation and the law vests those directors with almost unlimited authority to manage the corporation. Yet, shareholders have few effective means for holding directors accountable for their decisions other than through shareholder derivative litigation. In such litigation, the business judgment rule serves as the mechanism by which courts attempt to balance directors' authority to make decisions for the corporation against shareholders' right to hold directors accountable for those decisions.

As this Article discusses, numerous theories exist as to the proper formulation of the …

Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett

All Faculty Scholarship

The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts' response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts' response to the recent scandals.

Not Hearing History: A Critique Of Chief Justice Robert’S Reinterpretation Of Brown, Joel K. Goldstein

All Faculty Scholarship

In the principal opinion in Parents Involved in Community Schools v. Seattle School District No. 1, Chief Justice Roberts invoked Brown v. Board of Education to bolster his view that the United States Constitution forbids the use of virtually all racial classifications. In its closing paragraphs, the plurality opinion claimed that the NAACP attorneys in Brown subscribed to an anticlassification view of the Constitution and that the Court adopted that view. Far from hearing history, the Chief Justice’s opinion sought to rewrite it. The discussion ignored the historic context in which Brown was argued and based its argument on extracting …

Bridging The Theoretical Gap: The Diasporized Hybrid In Sociological Theory, Melissa F. Weiner, Bedelia N. Richards

Sociology and Anthropology Faculty Publications

In a nation of immigrants, most American ethnic groups have at some point wrestled with how to reconcile having an identity that is rooted simultaneously in their countries of origin and in the United States, particularly when they are also racialized ethnic minorities. This hybrid identity often blends divergent cultures and traditions. And sociologists, intent on explaining these tensions, have focused on the experiences that have shaped these identities for over a century. As a result, the theoretical roots of contemporary hybridity theories such as the segmented assimilation perspective, can be traced back to “classical” theorists of race, pluralism, and …

Review Of Jonathan Baron, Against Bioethics, Chad Flanders

All Faculty Scholarship

This is a short review of a recent book by Jonathan Baron, entitled "Against Bioethics."

The Possibility Of A Secular First Amendment, Chad Flanders

All Faculty Scholarship

In a series of articles and now in their new book, Religious Freedom and the Constitution, Lawrence Sager and Christopher Eisgruber (E&S) defend an interpretation of the religion clauses of the First Amendment which, they write, "denies that religion is a constitutional anomaly, a category of human experience that demands special benefits and/or necessitates special restrictions." While not a book review in the traditional sense, my essay takes E&S's defense of a secular First Amendment as a starting point and asks, how did we get to the point where an interpretation of the First Amendment which denies that religion is …

Early Intervention, Research And Therapy Center For Children With Autism, Nicole Marie Caccavo

Theses and Dissertations

This book documents a design study and creative project undertaken toward the fulfillment of a Masters of Fine Arts Degree in Interior Environments at Virginia Commonwealth University in Richmond, Virginia. This book documents a year long accumulation of study and research done toward the development of an early intervention, therapy and research center for children with autism. This creative project demonstrates how an environment can be a catalyst for social interaction, way finding, therapy, and intervention. The goal was to design a space that would be multi-functional and also benefit the surrounding community. This design study will explain how colors …

Frontal Plane Pelvic Drop In Runners: Causes And Clinical Implications, Evie Neff Burnet

Theses and Dissertations

Running is becoming an increasingly popular sport; however, runners have a high rate of injury and are therefore often treated in the orthopedic or sports medicine setting. One current focus of these patients' treatment is gluteus medius muscle (GM) strengthening and gait retraining, with the goal of decreasing frontal plane pelvic drop. Unfortunately, there is a research void assessing the role of GM function on pelvic drop, and the effect of an increased pelvic drop on running performance. The specific aims of this research were to investigate a link between frontal plane pelvic drop and (1) isometric GM torque, (2) …

A Comparison Of Five Radiographic Systems To D-Speed Film In The Detection Of Artificial Bone Lesions, David Lloyd Hadley

Theses and Dissertations

The purpose of this study was to compare three direct digital sensors (Kodak 6100, Schick CDR, and Dexis PerfectSize), a phosphor plate system (OpTime), and F-speed film to standard D-speed film in the detection of artificial bone lesions prepared in mandible bone sections. Multiple artificial bone lesions were prepared at varying depths in the cortical bone. Specimens were imaged with six different radiographic systems. Radiographs were randomly presented to nine different observers. A logistic regression analysis indicated that the ability of the different radiographic systems to detect the bone lesions was significantly different at the mean percentage of cortical bone …

Des Perdues: The Precariousness Of Loss, Alissa Grace Davis

Theses and Dissertations

The majority of losses that take place in a day are not large, or sad, they are built almost entirely on behaviors and systems that have nothing to do with loss. Most of these, I discovered, are the result of deliberate carelessness. The word loss is as difficult to define as truth, but its variation is what makes it so interesting and evocative. It is not, and never has been, a definition of loss that I seek: it is not enough to simply say I lost this person or that place, we must consider what is left and what can …

Informal Caregivers Of Advanced Cancer Patients: The Impact Of Geographic Proximity On Social Support And Bereavement Adjustment, John Garland Cagle

Theses and Dissertations

This research explored the social and psychological needs of caregivers of advanced cancer patients, and their subsequent bereavement adjustment. The study focuses exclusively on informal caregivers who provide assistance to patients receiving hospice care for end-stage cancer. Those individuals living furthest from the dying care recipient, the long distance caregivers, were of particular interest. This study used a prospective design to explore how a caregiver's geographic proximity impacted their social support and bereavement adjustment. A 2 x 3 repeated measures design was used to gather data from caregivers before a patient's death (using a pre-death questionnaire) as well as after …

Creating A Realistic Set Design For Doubt: A Parable, Philip Avery Hayes

Theses and Dissertations

This thesis is a narrative describing the set design for the Richmond premiere of Doubt: A Parable by John Patrick Shanley. The project was a creation of a set to be used by the Barksdale Theatre in Richmond, Virginia. The performance was held in February 15, 2008 through March 22, 2008 at the Barksdale Theatre in Richmond, Virginia. The production was a cooperation between the Virginia Commonwealth University Theatre Department and the Barksdale Theatre Inc.

Faith-Based Organizations And Legislative Advocacy: A Qualitative Inquiry, M. Lori Thomas

Theses and Dissertations

Since the early 1990s, religion and matters of faith and spirituality have become a focal point in numerous arenas beyond the individual and traditionally sacred. With President George W. Bush's White House Office of Faith-Based and Community Initiatives of 2001, the Charitable Choice provision of the Personal Responsibility and Work Opportunity Reconciliation Act that preceded it in 1996, and the myriad of legal challenges that followed, matters of religion have become paramount in political discourse regarding social welfare. The viability of faith-based social service provision and the organizations providing the direct services have been the focus of speculation, debate, and …

Self-Appraisals, Perfectionism, And Academics In College Undergraduates, David Edward Canter

Theses and Dissertations

The influences on perfectionism and procrastination of race, gender, cognitive-affective and academic self-appraisals, and academic performance expectations were studied. The sample consisted of 155 Introductory Psychology students (57 African Americans, 41 Asian Americans, and 57 European Americans; 51.6% women) with a mean age of 19.4 years (SD = 3.6). Data were collected during the final week of the Fall 2007 semester. Consistent with previous research indicating that men are more likely to procrastinate than women, men were over-represented in this sample. Self-esteem, measured with the Rosenberg (1965) Self-Esteem Scale, was conceptualized as having two components: self-liking and self-competence (Tafarodi & …

The Pedagogy Of Shakespeare & Company, Catherine Bryne

Theses and Dissertations

The Pedagogy of Shakespeare & Company examines in several ways the principles and practices of actor training at Shakespeare & Company of Lenox, Massachusetts. Chapter 1 is a narrative of my personal experience at the Month-long Intensive in Lenox, elaborating its multiple components. Chapter 2 recounts the genesis of the company and looks at the influences that shaped its identity. Chapter 3 is a more specific attempt to define the pedagogy developed by Tina Packer, Kristin Linklater and the other founders of Shakespeare & Company and to provide some contextual analysis. The remainder of this document explores my own pedagogical …

Education For All: The Freedmen's Bureau Schools In Richmond And Petersburg, 1865 - 1870, Scott Britton Hansen

Theses and Dissertations

This study examines the development of Freedmen's Bureau schools in Central Virginia at the end of the Civil War. Under the watchful eye of Ralza Manly, Superintendent of the Virginia Freedmen's Bureau education division, establishing schools for freed slaves faced innumerable challenges ranging from inadequate financial resources to hostile southern whites who opposed northern intervention into local affairs. Nevertheless, northern benevolent societies and hundreds of altruistic, yet paternalistic, educational missionaries converged on Richmond and Petersburg determined that education was essential if blacks were to achieve true freedom and become self-reliant and independent. While the Bureau devoted much of its energy …

A Science & Mathematics Magnet School At Maymont, Sarah Shamus Nakfoor

Theses and Dissertations

I am interested in the idea that schools should be designed to offer individualized learning."A Science & Mathematics Magnet School at Maymont" explores a type of school that is becoming more familiar and accessible. By allowing students who have an interest in excelling in school and preparing for their future careers to come together and meet one another and experience aneducation that might not otherwise be available can be beneficial in many ways. In most cases, because of the funding required for such specialized schools, class sizes are reduced to meet budgets and the schools are opened to the community …

Surging Seepage: A Triple Bond Accretion System, Jacqueline Brown

Theses and Dissertations

My current work revels in a state of flux. I strive for the work to be electrically charged, conveying a feverish sense of immediacy and vitality that implies motion and frenetic energy. The work is an accretion of brightly colored biomorphic forms that extend out from the wall and onto the floor. Viscous parts ooze and drip while others are globular and bulbous. The hyper-organic forms suggest a paradoxical state of both ripening and rotting, becoming and unbecoming. The work is an attempt to traverse between seemingly divergent constructs, some of which include: growth and decay, the artificial and the …

Examining Student Engagement And Its Influence In A Social Contextual Model Of Adolescent Health Behavior Change, Ian Joseph Wallace

Theses and Dissertations

Current theoretical models of health behavior change frequently serve as the theoretical backdrop to adolescent health promotion programs. Yet, despite that each main theory was developed with adults and for adults, appropriate and necessary changes for adolescents are often neglected. The unique values, priorities, and abilities of adolescents are important and therefore necessary to consider during health promotion efforts. The present study explored student engagement, a unique adolescent need that has been shown to facilitate achievement in academic environments. Evidence from the psychological and educational literatures suggests that engagement may uniquely influence the process of health behavior change for adolescents. …

Bollywood Broads: Reconstructing The Femme Fatale In Popular Indian Film, Erin Zimmerman Moss

Theses and Dissertations

Mumbai is currently one of the most prolific and lucrative film centers in the world. Its production of the "Bollywood" popular film has attracted billions in audience members outside the nation of India, many of whom do not belong to Indian culture in the Diaspora. The significance of this influence draws from the cross-cultural borrowings increasingly present in Bollywood cinema. The advent of Western investment in the production center has coincided with the diversification of the standard Bollywood film from "masala" musical to more genre specific action, horror and even romantic comedy musical. Within this genre expansion, a nod to …

Quantifiying The Depth Of Oral Sedation Using Bispectral Index Monitoring, John Flowers

Theses and Dissertations

Purpose: To determine whether Bispectral Index Monitoring is an effective tool for quantifying sedation depth after the administration of oral drug regimens in children.Methods: This retrospective study reviewed the charts of 75 children who received oral conscious sedation for dental treatment. Data collected from the chart included; 1) BIS values at 5 minute intervals and at five critical events: pre-operative, local anesthesia delivery, rubber dam placement (if utilized), during operative treatment, and postoperatively, 2) behavior ratings at the five critical events and an overall behavior assessment, 3) treatment data, and 4) demographic data. Results: The mean BIS value for orally …

Treatment Outcomes And Retention In Medicaid And Non-Medicaid Orthodontic Patients, Ashkan Ghaffari

Theses and Dissertations

Medicaid orthodontic patients have been shown to miss more appointments and break more appliances than self-pay patients, indicating a greater tendency toward non-compliance. Lack of compliance during the post-treatment phase can be detrimental to retention. The purpose of this study was to determine whether there is a difference in PAR score changes between Medicaid and non-Medicaid patients during and after orthodontic treatment. PAR scores were determined using study models of 43 Medicaid and 39 non-Medicaid patients before and at the end of active treatment, and 24 Medicaid and 42 non-Medicaid patients at the end of treatment and at an average …

Assessment Of Seminary Education On End Of Life Issues, Stefan Hakon Pomrenke

Theses and Dissertations

Background: The US health care system faces increased costs from end of life (EOL) care. The intensive approach to EOL treatment with greater use of procedures in ICUs has led to decedent spending six times greater than that of survivors in the hospital. Experts in ICU and Palliative care fields have called for greater utilization of end of life planning and education. To date, EOL education has been dominated by the technologically driven medical field and the church has been under-utilized. The US population relies on clergy support for many mental health and EOL issues. Clergy report feeling uncomfortable in …

Comparative Practices & Perspectives: Gender, Development And Empowerment In Uttarakhand, India And Northern Virginia, Sara Duke

Theses and Dissertations

The following thesis is a qualitative comparative case study which investigated the values, practices, perspectives, and strategies of Indian and American community organizers (practitioners and volunteers of non-profits and non-governmental organizations) who use microfinance, including savings schemes, as an instrument within the social intermediation process of developing disadvantaged women's capacities for self-sufficiency/empowerment. The focused inquiry was conducted through similarly structured in-depth interviews of directors, staff members and volunteers/community-based organizers of a women's business center in Northern Virginia, a large U.S. metropolitan area, and a women's federation in the rural Himalayas of Uttarakhand, India. Interview questions focused on savings, social intermediation, …