Digital Commons Network^™

Clearing The Smoke From Philip Morris V. Williams: The Past, Present, And Future Of Punitive Damages, Thomas Colby

GW Law Faculty Publications & Other Works

In Philip Morris v. Williams, the Supreme Court held that the Constitution does not permit the imposition of punitive damages to punish a defendant for harm caused to third parties. This Article critiques the reasoning, but seeks ultimately to vindicate the result, of this landmark decision. It argues that, although the Court's procedural due process analysis does not stand up to scrutiny, punitive damages as punishment for third-party harm do indeed violate procedural due process, but for reasons far more profound than those offered by the Court. To reach that conclusion, the Article confronts the most basic and fundamental questions …

Status Bound: The Twentieth Century Evolution Of Directors’ Liability, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article examines scholarly debates and judicial decisions, ranging from the turn of the twentieth century to its end, about the appropriate status of directors and the standard of liability that each status carried—specifically in situations involving allegations of breaches of the duty of care. I argue that during the course of the twentieth century, jurists moved from viewing directors as trustees, to describing directors as representatives of the shareholders, to holding that directors were mere agents of shareholders who typically served as passive principals. Each of these descriptions corresponded to a particular understanding of the role of corporations in …

Keeping Dictators Honest: The Role Of Population, Quoc-Anh Do, Filipe R. Campante

Research Collection School Of Economics

In order to explain the apparently paradoxical presence of acceptable governance in many non-democratic regimes, economists and political scientists have focused mostly on institutions acting as de facto checks and balances. In this paper, we propose that population plays a similar role in guaranteeing the quality of governance and redistribution. We argue and demonstrate with historical evidence that the concentration of population around the policy making center serves as an insurgency threat to a dictatorship, inducing it to yield to more redistribution and better governance. We bring this centered concept of population concentration to the data through the Centered Index …

A Robust Lm Test For Spatial Error Components, Zhenlin Yang

Research Collection School Of Economics

This paper presents a modified LM test of spatial error components, which is shown to be robust against distributional misspecifications and spatial layouts. The proposed test differs from the LM test of Anselin (2001) by a term in the denominators of the test statistics. This term disappears when either the errors are normal, or the variance of the diagonal elements of the product of spatial weights matrix and its transpose is zero or approaches to zero as sample size goes large. When neither is true, as is often the case in practice, the effect of this term can be significant …

Mediating Commitments, Ian Macduff

Research Collection Yong Pung How School Of Law

This paper explores the implications of one aspect of intercultural theory –the dimension of power distance– in order to comment on the nature of commitments in the mediation process. The familiar model of Western ediation assumes that parties can identify core interests and negotiate around those, through prioritising, trading and balancing. At the heart of our thinking about commitments are our ideas about agency, autonomy, and accountability. However, a core implication of empirical work on power distance suggests that expectations of deference may lead some participants to avoid direct decision-making responsibility and, rather than work towards commitments, to act on …

Pre-Mrna Splicing Manipulation Via Antisense Oligomers, Chalermchai Mitrpant

Theses: Doctorates and Masters

Duchenne muscular dystrophy (DMD), the most common lethal neuromuscular disease in childhood, arises from protein-truncating mutations in the dystrophin gene. A deficiency in dystrophin leads to loss of the dystrophin associated protein complex (DAPC), which in turn, renders muscle fibres vulnerable to injury, and eventually leads to muscle loss, necrosis and fibrosis. Although, the dystrophin gene was identified nearly two decades ago, and extensive research has been directed at finding a therapy for DMD, to date, there is still no effective treatment available. One promising molecular approach to treat DNID is antisense oligomer (AO) induced splice intervention. AOs were most …

What Do We Expect From Our Friends?, Stephen Leider, Markus M. Mobius, Tanya S. Rosenblat, Quoc-Anh Do

Research Collection School Of Economics

We conduct a field experiment in a large real-world social network to examine how subjects expect to be treated by their friends and by strangers who make allocation decisions in modified dictator games. While recipients’ beliefs accurately account for the extent to which friends will choose more generous allocations than strangers (i.e. directed altruism), recipients are not able to anticipate individual differences in the baseline altruism of allocators (measured by giving to an unnamed recipient, which is predictive of generosity towards named recipients). Recipients who are direct friends with the allocator, or even recipients with many common friends, are no …

Using Blogs As A Teaching Tool In Negotiation, Ian Macduff

Research Collection Yong Pung How School Of Law

This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual journal blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the …

Semiparametric Prevalence Estimation From A Two-Phase Survey, Denis H. Y. Leung, J Qin

Research Collection School Of Economics

This paper studies a semi-parametric method for estimating the prevalence of a binary outcome using a two-phase survey. The motivation for a two-phase survey is, due to time, money and ethical considerations, it is impossible to carry out comprehensive evaluation on all subjects in a large random sample of the population. Rather, a relatively inexpensive "screening test" is given to all subjects in the random sample and only individuals more likely to have a positive outcome (cases) will be selected for a further "gold standard" test to verify the outcome. Therefore, individuals with verified outcome form a non-random sample from …

Internal Control - Integrated Framework, Guidance On Monitoring Internal Control Systems, Introduction, January 2009, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Auditing Standards Board (Asb) Meeting, Janaury 12-15, 2009, San Antonio, Tx, American Institute Of Certified Public Accountants. Auditing Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

Coso Internal Control - Integrated Framework: Guidance On Monitoring Internal Control Systems, Volume Iii: Examples, Committee Of Sponsoring Organizations Of The Treadway Commission

Association Sections, Divisions, Boards, Teams

No abstract provided.

Influence Of Iron And Iron-Bearing Minerals On Soil Magnetic Properties, Suzan Marwan Ramadan Shahin

Theses

In this study, soil magnetic properties (magnetic susceptibility/ permeability) due to iron and iron bearing minerals have been evaluated by using MS2B on different percentage levels from pure iron, hematite and magnetite content at different conditions. The study shows that soil magnetic behavior has a strong dependency on grain size, temperature, water content, pH and compositional content.

Also, soil electrical behaviors have been studied due to iron and iron bearing minerals by using Impedance/ gain-phase Analyzer on different soil magnetic inclusion at different percentages. The study has established the strong effect of the magnetic inclusion on the measurements of relative …

Development Of A Gis Database For Water Resources Management In Ajman Emirate, Uae., Mohammad Rehan Yusuf

Theses

The lack of freshwater resources represents a major constraint against the sustainable development in arid and semi-arid regions. Because of the scarcity and randomness nature of rainfall in arid regions, surface water resources are almost absent. Groundwater resources are always under stress and in many cases do not suffice the water demands for different sectors. Desalination plants are widely constructed to substitute for the water shortage. The UAE, including Ajman emirate, is witnessing a rapid development in the industrial, commercial, construction and agricultural fields which has led to a tremendous increase in water demands.

Proper management of the limited water …

Effects Of Nest Site Environment And Timing Of Breeding On Reproductive Success In Franklin's Gulls (Larus Pipixcan), Emily Anne Berg

Biological Sciences

Offspring performance and phenotype are affected by genotype and environment, which in birds includes yolk resources (part of the embryonic environment). Female colony nesting birds may influence offspring competitive ability in the post-hatching nest site environment by differentially allocating yolk resources to eggs based on nest site characteristics. Offspring performance may also be linked to prenatal allocation of resources, as well as post-natal parental care. Nest site characteristics, including nest size, density, and timing of breeding, influence the behavior (e.g., aggressive, social) and resource acquisition of the parents, as well as provide measureable variation in the postnatal environment. I used …

A Comparative Analysis Of Two Gait Training Approaches For Individuals With Transtibial Amputation, Nannette Wright Hyland

Seton Hall University Dissertations and Theses (ETDs)

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An Analysis Of Public Alternative Education Schools And Programs In The State Of New Jersey: A Comparison To National Data, Sue Anne Duardo Denobile

Seton Hall University Dissertations and Theses (ETDs)

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Beginning Teacher Induction At Three Elementary Schools In China: A Case Study, Juan Miao

Seton Hall University Dissertations and Theses (ETDs)

It is urgent to study teacher induction programs to generate data-rich results that improve current practice and ultimately help beginning teachers become competent teachers and face the challenges in their profession in the 2lS century. The purpose for this study was to explore how beginning teachers at three elementary schools in Baoding, Hebei province, China were inducted The design of this study was non-experimental and descriptive. The researcher conducted this study primarily using qualitative research methods. Information on the three participating schools' profiles and 15 teachers were presented and discussed to help readers understand the context and conditions in which …

Determination Of Partition And Activity Coefficients Using Headspace- Gas Chromatography, Gregory Paul Bullock

Seton Hall University Dissertations and Theses (ETDs)

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Early Childhood Education: The Sustainability Of The Benefits Of Preschool Participation In Abbott Districts, Norma Fernandez

Seton Hall University Dissertations and Theses (ETDs)

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Examing The Need For A Code Of Conduct In New Jersey Teacher Union Contracts, Cristina M. Guarneri

Seton Hall University Dissertations and Theses (ETDs)

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Factors That Influence Students' Desires To Attend Higher Education, Shawn Lea Temple

Seton Hall University Dissertations and Theses (ETDs)

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Father Theodore M. Hesburgh And The University Of Notre Dame's Change In Governance To A Predominantly Lay Board Of Trustees, Mary Patience Hogan

Seton Hall University Dissertations and Theses (ETDs)

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Black America's Perceptions Of Africa In The 1920s And 1930s, Felicitas Ruetten

Seton Hall University Dissertations and Theses (ETDs)

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Curriculum Development Project: Water Quality Unit, Keith Weber

Graduate Research Papers

As a cumulation of my studies and to satisfy the non-thesis option for my graduate program at the University of Northern Iowa (UNI), I designed this Water Quality Unit to be used for 9th and 10th grade students. It uses both learning cycles and a constructivist approach to satisfy Dubuque Community School District and Iowa Core Curriculum Standards. Each learning cycle applies the 3-E approach [Explore, Explain and Extend]. The unit contains seven separate learning cycles and ends with a final project in which students analyze the runoff from their school's watershed for various pollutants to determine what steps can …

Spelling Instruction In The Classroom, Kristin Zweibohmer

Graduate Research Papers

The purpose of this paper is to identify research-based, effective spelling strategies that will improve students' abilities in a classroom. There has been a great debate about the effectiveness of spelling instruction in the classroom. Many studies have been conducted on spelling instruction using a word sort technique. By looking at past and present studies of spelling instruction, educators will be able to see how well these strategies for spelling instruction have worked. This knowledge can help educators design a spelling instruction program that will enhance their students' scores in many curriculum areas. An effective, research-based, contemporary model for teachers …

An Examination Of Section 504 In Practice: Dark Days For Student Rights, Ann S. Maydosz

Communication Disorders & Special Education Theses & Dissertations

Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress educational inequities for struggling students because it can provide support for students with disabilities and impairments not covered by IDEA. However, due to vague wording, unclear case law, and limited training for school divisions and practitioners, schools are unsure how to implement and to comply with Section …

The Impact Of The 101s: A Guide To Positive Discipline Parent Training: A Case Study Of Kindergarteners And Their Parents In Bangkok, Thailand, Piyavalee Thanasetkorn

Theses and Dissertations in Early Childhood Education

To reduce using corporal punishment with children, the need to introduce alternative ways for parent practices has been requested by Thai parents. However, empirical research of parents' use of positive practices to discipline their young children has been limited in Thailand. Given the effectiveness of positive discipline as an accepted method in order to improve children's social and academic competencies in U.S., a cultural extension of positive discipline techniques to Thai culture is of interest. This study investigated the effectiveness of The 101s: A Guide to Positive Discipline training on Thai positive parenting skills to increase the quality of …

Conceptual Previews In Preparation For The Next Unit Of Instruction, Michele Carnahan, Bridgette Stevens

Faculty Work

Understanding meanings of operations and how they relate to one another is an important mathematical goal for students in fourth grade (National Council of Teachers of Mathematics, 2000). Using pictures, diagrams, or concrete materials to model multiplication helps students learn about factors and how their products represent various contexts. The foundation of understanding how operations of multiplication and division relate to one another deepens the understanding of the composition of numbers. Discussing different types of problems that can be solved using multiplication and division is important, along with the ability to decompose numbers. When students can work among these relationships …

Asian Corporate Governance Or Corporate Governance In Asia?, Shaomin Li, Anil Nair

Management Faculty Publications

Corporate governance has become an important issue for Chinese and Indian firms as they increasingly interact with regulators and investors from developed markets. For instance, tapping into global capital markets to raise funds to finance their domestic and international growth requires firms from China and India to demonstrate strong corporate governance credentials, so that investors do not discount their stock (LaPorta, Lopez-de-Silanes, Shleifer, & Vishny, 2000). The swift action of Chinese and Indian authorities in response to recent corporate scandals – such as the one at Satyam Computers – reveals that even governments in emerging countries such as China and …