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2009

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Architects Of The Identity Of Dance: Gender Inequity In Achievement And Acknowledgment In Australian Contemporary Dance, Quindell Orton Jan 2009

Architects Of The Identity Of Dance: Gender Inequity In Achievement And Acknowledgment In Australian Contemporary Dance, Quindell Orton

Theses : Honours

Evidence suggests that males receive more opportunities, awards and dominate the dance scene in terms of artistic directorship of high visibility, large budget contemporary dance companies within Australia. This research investigates why and how males have come to be the architects of the identity of dance and the factors which may inhibit a counterpart female's likelihood of assuming the same role. Much of this paper deals with constructing hypotheses for how gender disparities in contemporary dance may have come about. In order to devise informed hypotheses, I have gathered data on government funding and national dance awards. In addition interviews …


New Testament Survey, Camilla Belfon Jan 2009

New Testament Survey, Camilla Belfon

Syllabus Repository

No abstract provided.


New Testament Survey, Camilla Belfon Jan 2009

New Testament Survey, Camilla Belfon

Syllabus Repository

No abstract provided.


Old Testament Survey, Steelman Library, G White Dr. Jan 2009

Old Testament Survey, Steelman Library, G White Dr.

Syllabus Repository

No abstract provided.


The Eye Of Charity: Jürgen Moltmann’S Practical Theodicy, Ante Jerončić Jan 2009

The Eye Of Charity: Jürgen Moltmann’S Practical Theodicy, Ante Jerončić

Andrews University Seminary Studies (AUSS)

No abstract provided.


Response To Review Articles Of Flame Of Yahweh, Richard M. Davidson Jan 2009

Response To Review Articles Of Flame Of Yahweh, Richard M. Davidson

Andrews University Seminary Studies (AUSS)

No abstract provided.


Creeds And Statements Of Belief In Early Adventist Thought, S. Joseph Kidder Jan 2009

Creeds And Statements Of Belief In Early Adventist Thought, S. Joseph Kidder

Andrews University Seminary Studies (AUSS)

No abstract provided.


The Parable Of The Tares And Matthew's Stratagy Vis-A-Vis Extreme Sectarian Impulses From Within His Community, Luca Marulli Jan 2009

The Parable Of The Tares And Matthew's Stratagy Vis-A-Vis Extreme Sectarian Impulses From Within His Community, Luca Marulli

Andrews University Seminary Studies (AUSS)

No abstract provided.


Divided By Visions Of The Truth: The Bible, Epistemology, And The Adventist Community, Nicholas P. Miller Jan 2009

Divided By Visions Of The Truth: The Bible, Epistemology, And The Adventist Community, Nicholas P. Miller

Andrews University Seminary Studies (AUSS)

No abstract provided.


Investigating The Presuppositional Realm Of Biblical-Theological Methodology, Part I: Dooyeweerd On Reason, Oliver Glanz Jan 2009

Investigating The Presuppositional Realm Of Biblical-Theological Methodology, Part I: Dooyeweerd On Reason, Oliver Glanz

Andrews University Seminary Studies (AUSS)

No abstract provided.


Review Article Of Adela Collins's Mark, Hermenian Commentary, Thomas Shepherd Jan 2009

Review Article Of Adela Collins's Mark, Hermenian Commentary, Thomas Shepherd

Andrews University Seminary Studies (AUSS)

No abstract provided.


Investigating The Presuppositional Realm Of Biblical-Theological Methodology, Part Ii: Canale On Reason, Oliver Glanz Jan 2009

Investigating The Presuppositional Realm Of Biblical-Theological Methodology, Part Ii: Canale On Reason, Oliver Glanz

Andrews University Seminary Studies (AUSS)

No abstract provided.


Volviendo A Los Orígenes: Entendiendo El Pentateuco. Ponéncias Teológicas Presentadas En El Vi Simpósio Bíblico-Teológico Sudamericano [Review] / Merling Alomía, Felix H. Cortez Jan 2009

Volviendo A Los Orígenes: Entendiendo El Pentateuco. Ponéncias Teológicas Presentadas En El Vi Simpósio Bíblico-Teológico Sudamericano [Review] / Merling Alomía, Felix H. Cortez

Andrews University Seminary Studies (AUSS)

No abstract provided.


The Three Or Four Approaches To Financial Regulation: A Cautionary Analysis Against Exuberance In Crisis Response, Lawrence A. Cunningham, David T. Zaring Jan 2009

The Three Or Four Approaches To Financial Regulation: A Cautionary Analysis Against Exuberance In Crisis Response, Lawrence A. Cunningham, David T. Zaring

GW Law Faculty Publications & Other Works

Unprecedented interest in financial regulation reform accompanies the nearly-unprecedented scale of financial calamity facing the world. Dozens of elaborate reform proposals are in circulation, most determined to revolutionize financial regulation. No doubt, the crisis makes reevaluation essential, but we contribute a cautionary analysis amid the exuberant atmosphere. Reforms should not discount the value of traditional financial regulation, overlook the functional regulatory reform that has already occurred, or overstate ultimate differences between contending reform proposals. Despite proliferation of dozens of reform proposals, our analysis leads us to conclude that there are ultimately only three or four principal alternatives: (1) the traditional …


Treatment Differences And Political Realities In The Gaap-Ifrs Debate, Lawrence A. Cunningham, William W. Bratton Jan 2009

Treatment Differences And Political Realities In The Gaap-Ifrs Debate, Lawrence A. Cunningham, William W. Bratton

GW Law Faculty Publications & Other Works

The Securities Exchange Commission has introduced a Roadmap that describes a process leading to mandatory use of IFRS by domestic issuers by 2014. The SEC justifies this initiative on the grounds that global standardization yields cost savings and an ultimate gain in comparability, facilitating the search for global opportunities by U.S. investors and making U.S. capital markets more attractive to foreign issuers.

This paper enters an objection, noting that the stakes include more than the choice of the framework for standard setting. The accounting treatments themselves are at issue, treatments that for the most part concern domestic reporting firms and …


Comment On Intellectual Property, Concentration And The Limits Of Antitrust In The Biotech Seed Industry, F. Scott Kieff Jan 2009

Comment On Intellectual Property, Concentration And The Limits Of Antitrust In The Biotech Seed Industry, F. Scott Kieff

GW Law Faculty Publications & Other Works

This comment was filed with the Department of Justice Antitrust Division on December 31, 2009, as "Comments Regarding Agriculture and Antitrust Enforcement Issues in Our 21st Century Economy" in response to the DOJ/USDA request for public comments for the agencies' joint workshops on antitrust issues in the agricultural sector.

Regarding firm size and integration, it must be kept in mind that the agriculture industry in the U.S. has, for good reasons, moved beyond the historic, pastoral image of small family farms operating in quiet isolation, devoid of big business and modern technologies. The genetic traits that give modern seeds their …


How Not To Invent A Patent Crisis, F. Scott Kieff, Henry E. Smith Jan 2009

How Not To Invent A Patent Crisis, F. Scott Kieff, Henry E. Smith

GW Law Faculty Publications & Other Works

This short essay written for a broad audience addresses the problems that are at the center of current debates in academic and policy circles about the patent system. Most current patent reform proposals are designed to give officials and courts more power to weaken or eliminate ‘‘unworthy’’ patents and take primary aim at so-called patent trolls. This essay argues that in light of the rapid, and excessive, changes that have already occurred in the courts, what patent law needs is a tweaking of existing safety valves and processes - not opening the floodgates to more discretion and uncertainty.


Which Original Meaning Of The Constitution Matters To Justice Thomas?, Gregory E. Maggs Jan 2009

Which Original Meaning Of The Constitution Matters To Justice Thomas?, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This essay was published as part of a symposium hosted by the New York University Journal of Law and Liberty in March 2009. The journal citation is: Gregory E. Maggs, Which Original Meaning Matters to Justice Thomas?, 4 N.Y.U. J. L. & Liberty 494 (2009).

The essay addresses a basic question about Justice Clarence Thomas’s originalist jurisprudence. When Justice Thomas looks for the original meaning of the Constitution, does he seek (a) the meaning intended by the Framers at the Constitutional Convention in Philadelphia (“original intent”), (b) the meaning as understood by the delegates to the thirteen state ratifying conventions …


A Concise Guide To The Records Of The State Ratifying Conventions As A Source Of The Original Meaning Of The U.S. Constitution, Gregory E. Maggs Jan 2009

A Concise Guide To The Records Of The State Ratifying Conventions As A Source Of The Original Meaning Of The U.S. Constitution, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This article was published by the University of Illinois Law Review in 2009. The citation is: Gregory E. Maggs, A Concise Guide to the Records of the State Ratifying Conventions as a Source of the Original Meaning of the U.S. Constitution, 2009 U. Ill. L. Rev. 457.

Starting in the fall of 1787, legislatures in the original thirteen states called for conventions for the purpose of deciding whether to ratify the U.S. Constitution. Many of the records of these state ratifying conventions have survived. The records reveal some of what the delegates at the state conventions said during their debates …


Science, Politics, Law And The Arc Of The Clean Water Act: The Role Of Assumptions In The Adoption Of A Pollution Control Landmark, Robert L. Glicksman, Matthew R. Batzel Jan 2009

Science, Politics, Law And The Arc Of The Clean Water Act: The Role Of Assumptions In The Adoption Of A Pollution Control Landmark, Robert L. Glicksman, Matthew R. Batzel

GW Law Faculty Publications & Other Works

This article examines the assumptions upon which Congress relied in enacting the 1972 Clean Water Act and the extent to which they have been borne out or belied as the federal and state governments have implemented their statutory responsibilities in the quest to achieve acceptably clean water. It traces the development of federal water pollution control legislation before 1972, highlighting the deficiencies that contributed to the need for a new approach in 1972. It then examines the scientific and technical, political, and legal assumptions that helped shape the 1972 Clean Water Act in an effort to determine whether the failure …


Rating The Competition Agencies: What Constitutes Good Performance?, William E. Kovacic Jan 2009

Rating The Competition Agencies: What Constitutes Good Performance?, William E. Kovacic

GW Law Faculty Publications & Other Works

Debates about the U.S. federal competition agencies have revealed a serious need to return to a basic question: what is good performance? Assessments of agency performance are important for many reasons: public perception, the ability to influence legislative actions, judicial decisions to defer, and the morale of current employees. Recent critiques on competition agencies and related commentary have demonstrated a need for better performance standards by begging two basic questions: (1) by what criteria should the performance of competition agencies be judged?; and (2) once the criteria for the agency report card have been set, how should they be applied …


The Continuing Pursuit Of Better Practices, William E. Kovacic Jan 2009

The Continuing Pursuit Of Better Practices, William E. Kovacic

GW Law Faculty Publications & Other Works

Due to the approaching 100th anniversary of the statute that gave the FTC life, the FTC conducted a self-assessment to consider what it must do to continue the valuable work it performs and to identify steps it must take to do better in the future. The consultations for the project identified general characteristics of good administration practice the FTC should strive to achieve in the coming years.

Part two of the report discusses various foundations of successful FTC performance and identifies institutional features that beget good substantive outcomes over time. These foundations and features include the agency’s mission, structure, resources, …


Reasonable Provocation And Self-Defense: Recognizing The Distinction Between Act Reasonableness And Emotion Reasonableness, Cynthia Lee Jan 2009

Reasonable Provocation And Self-Defense: Recognizing The Distinction Between Act Reasonableness And Emotion Reasonableness, Cynthia Lee

GW Law Faculty Publications & Other Works

This brief essay, written for the Criminal Law Conversations project, argues that the doctrines of provocation and self-defense should recognize a distinction between act reasonableness and emotion (or belief) reasonableness. The essay proceeds in three parts. In Part I, I examine the doctrine of provocation. I start by explaining what I mean by “act reasonableness” (a finding that a reasonable person in the defendant’s shoes would have responded or acted as the defendant did) and “emotion reasonableness” (a finding that the defendant’s emotional outrage or passion was reasonable). I note that only two of the fifty states require act reasonableness …


The Color Of Our Future: The Pitfalls And Possibilities Of The Race Card In American Culture, Christopher A. Bracey Jan 2009

The Color Of Our Future: The Pitfalls And Possibilities Of The Race Card In American Culture, Christopher A. Bracey

GW Law Faculty Publications & Other Works

We live in a country haunted by a past of slavery, segregation, racism, and violence. Though many systemic corrections have been attempted, a large percentage of African-Americans continue to fall behind their White counterparts in nearly every index of socio-economic well-being. The debate rages on as to why this situation exists and persists, and people on both sides of the color divide have become increasingly sensitive to perceptions and accusations of racial injustice. In his book, The Race Card: How Bluffing About Bias Makes Race Relations Worse, Richard Thompson Ford explores the phenomenon called “the race card,” wherein individuals play …


Book Review Of Jeremy Scahill, Blackwater: The Rise Of The Most Powerful Mercenary Army (2007/2008) And From Mercenaries To Market: The Rise And Regulation Of Private Military Companies (Simon Chesterman & Chia Lehnardt, Eds., 2008), Gregory E. Maggs Jan 2009

Book Review Of Jeremy Scahill, Blackwater: The Rise Of The Most Powerful Mercenary Army (2007/2008) And From Mercenaries To Market: The Rise And Regulation Of Private Military Companies (Simon Chesterman & Chia Lehnardt, Eds., 2008), Gregory E. Maggs

GW Law Faculty Publications & Other Works

This is a review of two books: Jeremy Scahill, Blackwater: the Rise of the Most Powerful Mercenary Army (2007/2008) and From Mercenaries to Market: the Rise and Regulation of Private Military Companies (Simon Chesterman & Chia Lehnardt, eds., 2008). Each book concerns the increasing use of contractors in military operations.


The Enduring Connections Between Law And Culture: Reviewing Lawrence Rosen, Law As Culture, And Oscar Chase, Law, Culture, And Ritual, Paul Schiff Berman Jan 2009

The Enduring Connections Between Law And Culture: Reviewing Lawrence Rosen, Law As Culture, And Oscar Chase, Law, Culture, And Ritual, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In an era of globalization, "culture" is sometimes treated as a dirty word. For those who see the world as increasingly "flat," culture can seem to be merely a retrograde imposition of local prerogative that stands in the way of progress. Likewise, those who seek greater harmonization of human rights norms, commercial trade rules, or other legal standards may view culture as simply a monkey wrench in the machinery of global consensus and cooperation. In such debates, culture is often conceptualized as fundamentally pre-modern, something "they" cling to, but that "we" have long since jettisoned.

Two recent books - Law …


Living Originalism, Peter J. Smith, Thomas Colby Jan 2009

Living Originalism, Peter J. Smith, Thomas Colby

GW Law Faculty Publications & Other Works

Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the “writtenness” of the Constitution necessitates a fixed constitutional meaning, and that courts that see …


Whose Eyes Are You Going To Believe? Scott V. Harris And The Perils Of Cognitive Illiberalism, Donald Braman, Dan M. Kahan, David A. Hoffman Jan 2009

Whose Eyes Are You Going To Believe? Scott V. Harris And The Perils Of Cognitive Illiberalism, Donald Braman, Dan M. Kahan, David A. Hoffman

GW Law Faculty Publications & Other Works

This paper accepts the unusual invitation to see for yourself issued by the Supreme Court in Scott v. Harris, 127 S. Ct. 1769 (2007). Scott held that a police officer did not violate the Fourth Amendment when he deliberately rammed his car into that of a fleeing motorist who refused to pull over for speeding and instead attempted to evade the police in a high-speed chase. The majority did not attempt to rebut the arguments of the single Justice who disagreed with its conclusion that no reasonable juror could find the fleeing driver did not pose a deadly risk to …


The Doctrine Of Equivalents In Various Patent Regimes: Does Anybody Have It Right?, Martin J. Adelman Jan 2009

The Doctrine Of Equivalents In Various Patent Regimes: Does Anybody Have It Right?, Martin J. Adelman

GW Law Faculty Publications & Other Works

The doctrine of equivalents is arguably one of the most important aspects of patent law. The protection a patent confers is meaningless if its scope is determined to be so narrow that trivial changes to a device bring it out of the bounds of the patent. One of the greatest challenges courts and legislatures therefore face in patent law is to create rules for determining patent scope that maintain the protection a patent is meant to confer while still keeping the patent monopoly within reasonable bounds. Despite the general unity in patent laws among developed countries, the difficulty of this …


Form, Function, And The Powers Of International Courts, Dinah L. Shelton Jan 2009

Form, Function, And The Powers Of International Courts, Dinah L. Shelton

GW Law Faculty Publications & Other Works

At the end of the nineteenth century, the international community began creating its first tribunals with the establishment of the Permanent Court of Arbitration. Since then, numerous courts and tribunals have been created on the international stage. This Article examines the interplay of form, function, and the powers exercised by international courts. It first considers the functions or attributes of any institution that carries the name "court" or "tribunal" and reflects upon whether there are powers that must be deemed inherent in such an institution to allow it to fulfill the judicial function, irrespective of limitations placed on the court's …