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2009

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Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos Jan 2009

Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

The current global financial crisis has provoked intense criticism of the regulatory framework for financial markets. Financial market flexibility, once considered the key to successful financial institutions and economic growth, has now come under intense scrutiny. In contrast, labor market flexibility is still promoted by scholars and international policymakers as an essential part of the recipe for economic development. This Article argues that the predominant understanding of labor flexibility is misguided and needs to be revised. To illustrate why, the Article undertakes a critical examination of labor flexibility as developed by a leading World Bank project, called “Doing Business.” It …

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Jupiter As Everyman: Michael Reisman And The Scholar As Teacher, James E. Baker Jan 2009

Jupiter As Everyman: Michael Reisman And The Scholar As Teacher, James E. Baker

Georgetown Law Faculty Publications and Other Works

These are Chief Judge Baker’s remarks reflecting on the scholarship of Professor Michael Reisman in the field of national security law. Chief Judge Baker comments that Professor Reisman is a prolific writer and Scholar-Teacher dedicated to the study of force, minimization of suffering, and the advancement of human dignity and the law. He discusses how Professor Reisman’s work is distinctive in that it identifies and incorporates the critical influence of process, both formal and informal, in decisionmaking, which sometimes overshadows substance.

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A Mobile Water Disinfection Unit Powered By Renewable Energy Systems, Matthew Vitello Jan 2009

A Mobile Water Disinfection Unit Powered By Renewable Energy Systems, Matthew Vitello

Masters Theses

"The current method of disinfection of water used by the United States Army requires a significant amount of mobilization and demobilization time as well as being energy intensive. In an effort to improve small unit mobility a need for a light-weight, low maintenance, highly mobile disinfection system has arisen. In addition to the potential military use, a system of this type could provide a safe drinking water product during the aftermath of natural or man-made disasters, reducing the burden on emergency management services. A prototype system was developed that is self-powered, has low maintenance requirements, and can be stored for …

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Is Law An Economic Contest? French Reactions To The Doing Business World Bank Reports And Economic Analysis Of The Law, Anne-Julie Kerhuel, Bénédicte Fauvarque-Cosson Jan 2009

Is Law An Economic Contest? French Reactions To The Doing Business World Bank Reports And Economic Analysis Of The Law, Anne-Julie Kerhuel, Bénédicte Fauvarque-Cosson

Georgetown Law Faculty Publications and Other Works

The economic analysis of law has provoked strong reactions among French academics, in particular since 2004 when the first of the Doing Business reports was published. French jurists have joined forces to expose the methodological limits inherent to these reports, which rated France a long way behind other legal systems allegedly more able to facilitate business. In its first part, this article examines the various reactions to these reports, almost all of which were published in French only. In the second part, the focus is on the position of economic analysis in French law, its role, and, in particular, the …

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Roscoe Pound, Melvin Belli, And The Personal-Injury Bar: The Tale Of An Odd Coupling, Joseph A. Page Jan 2009

Roscoe Pound, Melvin Belli, And The Personal-Injury Bar: The Tale Of An Odd Coupling, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

In the fourth chapter of Patriots and Cosmopolitans: Hidden Histories of American Law, legal historian John Fabian Witt tells the story of a collaboration between storied scholar Roscoe Pound and trial virtuoso Melvin M. Belli, which he calls "among the most startling and yet unremarked-upon relationships in the annals of American law." Witt argues that it both shaped and energized the efforts of personal-injury lawyers to oppose proposals that would shift to the administrative branch of government responsibility for compensating auto-accident victims. Entitled "The King and the Dean," in reference to the media's coronation of Belli as the "King of …

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Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold Jan 2009

Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold

Georgetown Law Faculty Publications and Other Works

Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance both in terms of global administrative law and democracy. In relation to administrative law, it first explores the extent to which the WTO’s own dispute settlement process contributes to this area. Second, it considers the operation of administrative law principles embedded within the WTO Agreements on Members. For example, the WTO Agreements require that certain laws …

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Making Sense Of The Establishment Clause, Jeffrey Shulman Jan 2009

Making Sense Of The Establishment Clause, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as a substantive legal matter, it does make sense as a series of jurisprudential maneuvers by which the Court has sought to make more room for religion in civic life. In fact, there is a method to the “massive jumble... of doctrines and rules” that forms the law of church-state relations. It is the method of a somewhat disorderly retreat from the Constitution’s foundational principle of disestablishment. The accommodations made by the Court to religious belief and conduct have allowed for discrimination against non-religion, edging …

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Commentary, Anna Gelpern Jan 2009

Commentary, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Enforceable promises discourage lying, cheating, and stealing. Contracts that embody such promises shape institutions, distribute power, and organize markets. The Smith-King critique of elite empirical contracts scholarship reveals a field preoccupied with the first set of functions and barely interested in the second. I am loath to second-guess this view without empirical evidence of my own. Instead, I draw from it two sets of implications-one for the substantive study of contracts, the other for the relationship between contract theory and contract empiricism.

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Student Perceptions Of Streaming-Media Effectiveness, Sara Floyd Baber Jan 2009

Student Perceptions Of Streaming-Media Effectiveness, Sara Floyd Baber

Theses and Dissertations

The purpose of this mixed-methods study was to investigate cognitive-load theory as applied to the design of streaming media. In this study, student learning preferences and cognitive style were measured on a visualizer-verbalizer scale to determine the perceived importance of visual and audio components of streaming media used to supplement classroom instruction. Additionally, this study investigated cognitive-load theory by assessing attitudes regarding the importance of learner control when accessing streaming media files. The writer used 4 existing visualizer-verbalizer instruments in combination with 1 original survey that was designed to gather student perceptions and attitudes regarding the effectiveness of streaming media …

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Contradictory Keats: A Review Of Stanley Plumly's Posthumous Keats: A Personal Biography, Michael Theune Jan 2009

Contradictory Keats: A Review Of Stanley Plumly's Posthumous Keats: A Personal Biography, Michael Theune

Scholarship

No abstract provided.

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"Denmark Our Heritage - America Our Home": Danishness And Roots In A Multicultural World, Trine Tybjerg Holm, Borge M. Christensen Jan 2009

"Denmark Our Heritage - America Our Home": Danishness And Roots In A Multicultural World, Trine Tybjerg Holm, Borge M. Christensen

The Bridge

Danishness is flourishing in the U.S.A. at the dawn of the twenty-first century, and it is not difficult to find this Danishness, or rather, to find what Americans consider to be Danishness. When the Danish media focus on Danishness in the U.S., they tend to highlight two areas: Solvang, California, the so-called "Danish Capital of America," and the two "Danish Villages," Elk Horn and Kimballton, Iowa. Today, Solvang has a population of around 5,000 and Elk Horn/ Kimballton around 1,000. However, estimates have 1.5 million tourists visiting Solvang and 80,000 visiting Elk Horn/Kimballton annually. Dannebrog waves on high in both …

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Determining The Future Income Of College Students, Paul Oehrlein, '09 Jan 2009

Determining The Future Income Of College Students, Paul Oehrlein, '09

Honors Projects

Many people invest a lot of money in order to go to college with the hope that they will eventually be rewarded with higher salaries. This paper attempts to determine what aspects of college are most important in determining the future income of students. In particular, this paper studies whether GPA is an important determinant of income as well as whether some majors are better investments than others after controlling for other factors. In addition, the effect of math and verbal ability on income and how they interact with different fields of study are studied. The data comes from the …

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The Clean Water Act And Power Plant Cooling Water Intake Structures, John H. Minan Jan 2009

The Clean Water Act And Power Plant Cooling Water Intake Structures, John H. Minan

San Diego Journal of Climate & Energy Law

The focus of this Article in on a subtler, but no less important, part of the climate change story involving energy and water. The focus in on the federal regulation of existing once-through-cooling (OTC) intake structures that are used by large steam electric-generating power plants. OTC, closed-cycle (CC) cooling, and dry-cooling (DC) each perform the same function, which is the removal of waste heat from the steam cycle after it has generated electricity.
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The elimination of OTC systems would have a salutatory effect on the aquatic environment because fewer marine organisms would be destroyed by impingement and entrainment. But …

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Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento Jan 2009

Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento

San Diego Journal of Climate & Energy Law

This Article surveys the current bilateral and trilateral initiatives aimed at GHG emission reductions in North America with a view to assessing the nature and potential role of regional climate change law and policy within a broader global framework. In this context, by regional cooperation, we mean cooperation organized on a North American scale. In pursuit of this objective, this Article seeks to identify, first, how climate change mitigation may be regulated usefully on a regional scale, and second, the governance structures and institutions that may be drawn upon to create and implement regional cooperation on climate change. Particular consideration …

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The Costs Of The Fourth Amendment: Home Searches And Takings Law, Arianna Kennedy Kelly Jan 2009

The Costs Of The Fourth Amendment: Home Searches And Takings Law, Arianna Kennedy Kelly

MC Law Review

No abstract provided.

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The National Trend Of Abolishing Actions For The Alienation Of A Spouse's Affection And Mississippi's Refusal To Follow Suit, Jamie Heard Jan 2009

The National Trend Of Abolishing Actions For The Alienation Of A Spouse's Affection And Mississippi's Refusal To Follow Suit, Jamie Heard

MC Law Review

Comment

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Educating Illinois: Illinois State University, 1857-2007, John B. Freed Jan 2009

Educating Illinois: Illinois State University, 1857-2007, John B. Freed

Educating Illinois (2000-2018)

Table of Contents: Section 1: The Normal University, 1857-1867 – Introduction – Chapter 1: A Normal School or the Industrial University? – Common Schools – Normal Schools – Denominational Colleges – The Industrial University – The Act of 1857 – Chapter 2: The State University of Illinois, 1857-1867 – Bloomington – The Illinois Natural History Society – Old Main and the Quad – The Civil War – The Feminization of Teaching – The Morrill Act – The Normal University’s Scientific Legacy – The Financial Aftermath – Rewriting the History of the University’s Foundation – Section 2: “A Genuine Normal School,” …

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Chairing The Board: The Case For Independent Leadership In Corporate North America, Millstein Center For Corporate Governance And Performance Jan 2009

Chairing The Board: The Case For Independent Leadership In Corporate North America, Millstein Center For Corporate Governance And Performance

Ira M. Millstein Center for Global Markets and Corporate Ownership

The number of non-executive chairmen at companies in North America has been increasing year by year. Recent figures, according to the 2008 Spencer Stuart Board Index, indicate that the last decade has seen a growing trend in separating the roles of the Chief Executive Officer (ceo) and the chairman of the board. In 1998, 16% of the s&p 500 featured distinct chairmen. Data shows that in 2008 as many as 39% appoint someone other than the ceo to chair the board. Traditionally, even in companies that split the role, the chairman was not completely independent, but rather commonly the ex-ceo …

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Assessment Of Sustainability Of Rural Tourism Villages In Southeastern China Using Sustainable Tourism Development Indicators, Tang Chen Jan 2009

Assessment Of Sustainability Of Rural Tourism Villages In Southeastern China Using Sustainable Tourism Development Indicators, Tang Chen

Dissertations and Theses @ UNI

The purpose of this study was to assess sustainability of rural tourism practices in heritage, ecological, and ethnic communities in southeastern China, using sustainable tourism development indicators. The rural tourism communities selected for this study were Tengtou Village in Fenghua, Zhuge Bagua County in Lanxi, and She Minority Village in E Shan Tonglu, representing examples of domestic rural tourism initiatives in China. This study applied the 2004 WTO sustainability indicator model to develop appropriate indicators for assessing sustainability of rural tourism practices in the selected communities, and aimed at answering the following research questions. First, what indicators would be most …

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Laser Assisted Telerobotic Control For Remote Manipulation Activities, Karan Khokar Jan 2009

Laser Assisted Telerobotic Control For Remote Manipulation Activities, Karan Khokar

USF Tampa Graduate Theses and Dissertations

The effort in this work has been to innovatively use range information from a laser sensor mounted on the end effector of a remote robotic arm in a telerobotic system to assist the user in carrying out remote tasks in unstructured environments. Assistance is provided in the form of Traded Supervisory Control where the human is involved in high level activities such as decision making and the machine generates task plans and executes tasks autonomously using laser data and machine intelligence. In this way human planning and high level decision making capabilities are combined with machine computational and precision task …

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The Impact Of Wearable Weights On Perceptual Reponses To Treadmill Walking, Ashley T. Kuczynski Jan 2009

The Impact Of Wearable Weights On Perceptual Reponses To Treadmill Walking, Ashley T. Kuczynski

USF Tampa Graduate Theses and Dissertations

The growing public health burden associated with insufficient physical activity has resulted in the development of numerous health initiatives and products aimed at stabilizing and reversing the negative trends reported in epidemiological literature. A relatively novel product that has only recently made its way to the market are wearable weights. These products are designed to be worn on the lower legs and arms along with regular clothing as a means to increase caloric expenditure. However, no research to date has tested the efficacy of this product. PURPOSE: Compare psychological responses within bouts of aerobic exercise that vary on intensity and …

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Sympathy For The Devil: A Character Analysis Of Gibreel Farishta In Salman Rushdie’S The Satanic Verses, Catherine Mary Lafuente Jan 2009

Sympathy For The Devil: A Character Analysis Of Gibreel Farishta In Salman Rushdie’S The Satanic Verses, Catherine Mary Lafuente

USF Tampa Graduate Theses and Dissertations

Salman Rushdie's The Satanic Verses created a major controversy when published in 1988, much like the controversy that Nikos Kazantzakis's novel The Last Temptation of Christ caused in 1951. Kazantzakis's work upset many Christians due to the controversial characterization of Jesus, who in the novel engages in sexual activities and other behaviors that many Christians find offensive. The Satanic Verses caused a similar uproar in the Umma, or Muslim community, resulting in book burnings, death threats, and even a murder. Most of the controversy focused on some the problematic characterizations of the Prophet Muhammad and his wives, such as using …

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The Spectrum Of Self-Harm In College Undergraduates: The Intersection Of Maladaptive Coping And Emotion Dysregulation, Christa D. Labouliere Jan 2009

The Spectrum Of Self-Harm In College Undergraduates: The Intersection Of Maladaptive Coping And Emotion Dysregulation, Christa D. Labouliere

USF Tampa Graduate Theses and Dissertations

Suicidality and non-suicidal self-injury are highly prevalent on college campuses and death by suicide is the number two cause of death for that age demographic. Even with such a deadly public health concern, little is known about how self-harm behavior can be prevented or effectively treated. Research has suggested that differences in affect regulation may differentiate those who engage in self-harm from those who do not, but many of these studies have examined disparate pieces of affect regulation without addressing the overlap and interaction of regulatory behaviors. The field must discover what specific aspects of affect regulation go awry, if …

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Student Reflections: The Impact Of Dual Enrollment On Transitions To A State University, Theresa Lyvette Lewis Jan 2009

Student Reflections: The Impact Of Dual Enrollment On Transitions To A State University, Theresa Lyvette Lewis

USF Tampa Graduate Theses and Dissertations

Dual enrollment is one means of facilitating increased degree productivity, which can lead to the more educated workforce needed in today's society. This qualitative study was designed to obtain student perceptions about their dual enrollment experience, including how it impacted their decision to go to college and what comparisons they would make between their dual enrollment experience and their full university experience. Twenty-one students were interviewed via e-mail to provide responses that would help answer three research questions: 1.What are the initial experiences of dual enrollment students? 2.How does the dual enrollment experience impact the decision of high school graduates …

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The Political Ecology Of Intestinal Parasites Among Nicaraguan Immigrants In Monteverde, Costa Rica, Jason D. Lind Jan 2009

The Political Ecology Of Intestinal Parasites Among Nicaraguan Immigrants In Monteverde, Costa Rica, Jason D. Lind

USF Tampa Graduate Theses and Dissertations

Over the past 15 years Monteverde, Costa Rica has undergone rapid economic, social, political, and environmental change due to a flourishing ecotourism economy. While the effects of ecotourism development in Monteverde are many, two important consequences have been: 1) the immigration of Nicaraguan nationals to the area seeking low-skilled wage labor; and 2) compromised water resources management due to pollution and rapid population growth. The objective of this research is to investigate and identify the inter-relationships between ecotourism development in Monteverde and its affect on infectious diseases outcomes within the context of immigration and water resources management. Specifically, this dissertation …

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A New Understanding Of Sophistic Rhetoric: A Translation, With Commentary, Of Mario Untersteiner‘S ―Le Origini Sociali Della Sofistica‖, Elisabeth Lofaro Jan 2009

A New Understanding Of Sophistic Rhetoric: A Translation, With Commentary, Of Mario Untersteiner‘S ―Le Origini Sociali Della Sofistica‖, Elisabeth Lofaro

USF Tampa Graduate Theses and Dissertations

This dissertation translates an essay by Mario Untersteiner "Le origini sociali della sofistica" ("The Social Origins of Sophistry") unpublished in English, and explores its significance in terms of classical and contemporary rhetorical theory, as well as the composition classroom. In the process, I attempt to contribute to reestablishing sophistry and rhetoric within our contemporary cultural milieu. More specifically, the dissertation is organized into five main parts: The first chapter offers an introduction to and thorough background of the sophists in ancient and classical Greece; the second chapter reviews the scholarship about the sophists, as well as that on Mario Untersteiner …

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From Maiden To Whore And Back Again: A Survey Of Prostitution In The Works Of William Shakespeare, Tiffany Lowden Messerschmidt Jan 2009

From Maiden To Whore And Back Again: A Survey Of Prostitution In The Works Of William Shakespeare, Tiffany Lowden Messerschmidt

USF Tampa Graduate Theses and Dissertations

The works of William Shakespeare reflect the society in which he lived, and they can therefore be studied for the light they shed upon certain aspects of this society that may otherwise have been ignored or misrepresented by other surviving documents. This is especially true of prostitution. Women in this shifting English society were marginalized, and the prostitute occupied an especially precarious place since her profession identified her as an outsider, legally and morally. Surviving historical documents address the legality or morality of this institution, but fail to reveal how it was perceived by society as a whole. Shakespeare receives …

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At What Cost? : Spanish Neutrality In The First World War, Carolyn S. Lowry Jan 2009

At What Cost? : Spanish Neutrality In The First World War, Carolyn S. Lowry

USF Tampa Graduate Theses and Dissertations

While historians have gone to great efforts in studying the belligerent powers during the First World War, very little attention has been paid to such neutral powers as Spain. Several European nations declared neutrality in 1914, but many strayed from this course in favor of active belligerence. Spain, however, remained neutral for the war's duration; thus, this thesis examines and explores the nature of Spanish neutrality during the First World War. Spain's decision to adhere to a neutral policy required serious consideration as it had to weigh the consequences and advantages of intervention; however, military and economic weakness, as well …

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The Babel Paradox, Michel Machado Jan 2009

The Babel Paradox, Michel Machado

USF Tampa Graduate Theses and Dissertations

The purpose of the book of Acts is still not well understood. Various interpretations have been offered in order to make sense of the narrative and its author's intention. What is the point of Luke's second book in portraying the evangelization of the Roman Empire as a rabid confrontation between Jewish followers of Jesus and other Jewish people? This matter calls for an examination of the relationship between the mother religion and the Jesus movement as it expands into a universal religion. Luke portrays the Jesus movement as the focus of divine favor, in contradistinction to the Jewish nation which …

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Cardiovascular Risk Factors For Mild Cognitive Impairment, Michael Malek-Ahmadi Jan 2009

Cardiovascular Risk Factors For Mild Cognitive Impairment, Michael Malek-Ahmadi

USF Tampa Graduate Theses and Dissertations

The relationship between cardiovascular conditions and the presence of Alzheimer's disease (AD) has been well-documented in a number of recent studies. Generally, the presence of cardiovascular conditions such as high total cholesterol and hypertension have been shown to significantly increase the risk for the development of AD. Given the results of these studies, it is possible that these same risk factors might also increase the risk of developing mild cognitive impairment (MCI). An analysis of 216 subjects (119 cognitively normal (CN), 77 aMCI, 20 naMCI) found that after adjusting for age, education, ethnicity, and gender, only hemoglobin A1c (HbA1c) showed …

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