Digital Commons Network^™

International Human Rights In A Nutshell, Thomas Buergenthal, Dinah L. Shelton, David P. Stewart

GW Law Faculty Publications & Other Works

This book describes the development of international human rights law. The main difference today is that individuals receive protection as individuals independent from their affiliation with a nation, as compared to the traditional consideration that only states had rights under international law. The law of humanitarian intervention first suggested that states do not receive unlimited discretion in their behavior under international law. The first chapter describes the earliest treaties and agreements giving rise to the current status of international law, such as the League of Nations and the International Labor Organization.

Constitutional Patriotism And The Right To Privacy: A Comparison Of The European Court Of Justice And The European Court Of Human Rights, Francesca Bignami

GW Law Faculty Publications & Other Works

This chapter examines attitudes towards national diversity in one piece of the emerging European constitution-the right to privacy. There is a thick constitutional culture of privacy in Europe. The familiar debate of how to balance the right to privacy against freedom of expression, the market, and public security can be heard in many places: before the Court of Justice and the European Court of Human Rights, in the European Parliament and the European Council, and before Europe's numerous data privacy ombudsmen. And in these places, the less familiar problem of tolerance of diversity within Europe, among Europe's different national communities, …

Prohibited Discrimination In International Law, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This essay assesses how the prohibition of discrimination is understood in contemporary international human rights law. The essay aims to determine whether human rights bodies apply coherent theories when deciding which distinctions are permitted and which are invidious. The essay begins by surveying the provisions of human rights instruments such as the U.N. Charter that call for non-discrimination and equality. Next, the essay examines the jurisprudence of international tribunals and monitoring bodies, including judgments, advisory opinions, general comments, and observations on state periodic reports. The conclusion draws from this body of law a general approach to discrimination in international human …

Embryo Exchanges And Adoption Tax Credits, Naomi R. Cahn, Sarah B. Lawsky

GW Law Faculty Publications & Other Works

The “Option of Adoption Act,” a Georgia law that was introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court for recognition that they are the legal parents of a child born to them as a result of an embryo transfer. This article clears up what seems to be widespread confusion about a fairly straightforward question of tax law related to such embryo “adoptions.” Notwithstanding various sources' claims to the contrary, neither a Georgia adoption tax credit …

Eight Is Enough, Naomi R. Cahn, Jennifer M. Collins

GW Law Faculty Publications & Other Works

On January 26, 2009, the nation's second set of live-born octuplets was delivered. The public fascination with this event quickly turned ugly when the media revealed that the mother was thirty-three year-old Nadya Suleman, who is single, unemployed, and already caring for six children under the age of eight.

The cultural backlash against Suleman has focused on three separate issues. The first revolves around Suleman herself, and her ability as a single, unemployed mother to parent fourteen young children successfully. A second set of concerns revolves around the medical procedures at her fertility clinic. How could the clinic agree to …

Oxygen-Enhanced Combustion: Theory And Applications, Scott Skeen

All Theses and Dissertations (ETDs)

In the broadest sense, oxygen-enhanced combustion: OEC) refers to the use of oxygen to improve combustion and/or process characteristics. When a stream of oxygen is available, a wide range of flame configurations is possible. This work considers two specific configurations of OEC and is divided into two parts. In Part I, fundamental experimental and numerical flame studies explore the combustion of gaseous fuel/inert mixtures in oxygen-enriched air or pure oxygen under well-defined conditions. Part II targets a more practical application by considering the combustion of solid fuels in a variety of oxygen/carbon dioxide mixing scenarios. For gaseous non-premixed flames, combining …

Open Collaborative Mechanical / Product Design - User As Developer A New Design Methodology For Internet Era Business Innovations And Entrepreneurship, Jing Zheng

All Theses and Dissertations (ETDs)

In product design and development projects, the most important part is identifying user needs. Traditional methods such as surveys, focus group studies and interviews are expensive and sometime inaccurate in identifying those needs. Inspired by the open source software development, along with the research that has been done on the "lead user" method, the method of using collective customer wisdom to modify old products or even develop new products has become an emerging new design method and is starting to get popularity and success. However, the effectiveness of such method comparing to the traditional face to face "close" development method …

Antibiotic Resistance Of Helicobacter Pylori Strains In The United Arab Emirates And Its Relation To The Gene Associated To Gastric Cancer “Cag A Gene”, Wafa Ali Rashid Al-Tayyari

Theses

Helicobacter pylori is a flagellated corkscrew, slow growing neutrophilic gram negative ureolytic organism. It has an extraordinary ability to establish infection in human stomach that can last for years or decades. Its eradication remains an important public health challenge especially in light of broadening indications and increasing antimicrobial resistance.

AIM: i) Identification of H. pylori in UAE patients ii) Determination of the prevalence of antibiotic resistance genes (mutation in 23S rRNA gene in clarithromycin, and deletion in RdxA gene in metronidazole) among H. pylori strains isolated from U.A.E patients by using molecular methods, iii) Ascertain whether Cag A- positive H. …

Getting Out Of Wonderland: Elizabeth Bishop, Sylvia Plath, Adrienne Rich, And Anne Sexton, Jessica Mccort

All Theses and Dissertations (ETDs)

This project examines the appropriation of children's literature, particularly Grimm's and Andersen's fairy tales and Lewis Carroll's Alice books, by Elizabeth Bishop, Sylvia Plath, Adrienne Rich, and Anne Sexton. Influenced by the cultural fixation on the child and the increasing popularity of Freudian discourse in American culture, the rise of confessional poetry, and second-wave feminist interest in female socialization, Bishop, Plath, Rich, and Sexton pursued in their poetry and prose an investigation of self and social formation that was simultaneously rooted in the public exhumation of the personal past and the personalized exploration of the dominant narratives of girlhood purveyed …

Exploring The Potential Of Aging Network Services To Improve Depression Care, Leslie Hasche

All Theses and Dissertations (ETDs)

Depression is a prevalent, debilitating yet treatable psychiatric disorder affecting older adults. Older adults underutilize specialty mental health care, persistently receive poor quality care in primary care settings, and have high rates of non-adherence to pharmacotherapy. Aging network services, such as adult day services, homecare services, senior centers, and supportive housing may be able to improve the quality of depression care. However, it is unknown how current models of empirically supported depression care are used within or could be adopted by aging network services. Thus, this study described the organizational factors, staff factors, and current agency practices regarding depression among …

Who Uses Community-Based Youth Shelters? An Inter-Group And Intra-Group Analysis, Jennifer Mcclendon

All Theses and Dissertations (ETDs)

Community-based youth shelters are the primary method of intervention designed to meet the complex needs of at-risk youth who leave home before they have developed the skills to live independently. This research examines shelter users' patterns of cross-sector service use to better understand the needs and resources of shelter residents. The aims of this study are 1) to perform an inter-group analysis, comparing sheltered youth with status offense runaways and foster care runaways, and 2) to explore the population of emergency shelter residents using an intra-group analysis, determining whether distinct profiles of sheltered youth exist, based on individual characteristics and …

‘This’ Is Not ‘Love’: A Cognitive Assessment Of The Lyrics And Translations Of Jalāl Al-Din Rūmī'S Ghazal #1919 From The Divān-I Shams, Matthew Miller

All Theses and Dissertations (ETDs)

No abstract provided.

Connections Between Floer-Type Invariants And Morse-Type Invariants Of Legendrian Knots., Michael Henry

All Theses and Dissertations (ETDs)

We investigate existing Legendrian knot invariants and discover new connections between the theory of generating families, normal rulings and the Chekanov-Eliashberg differential graded algebra: CE-DGA). Given a Legendrian knot $\sK$ with generic front projection $\sfront$, we define a combinatorial/algebraic object on $\sfront$ called a \emph{Morse complex sequence}, abbreviated MCS. An MCS encodes a finite sequence of Morse homology complexes. Every suitably generic generating family for $\sfront$ admits an MCS and every MCS has a naturally associated graded normal ruling. In addition, every MCS has a naturally associated augmentation of the CE-DGA of the Ng resolution $\sNgres$ of the front $\sfront$. …

The Effect Of Limb Movement On The Lumbopelvic Region In People With Low Back Pain, Sara Scholtes

All Theses and Dissertations (ETDs)

Low back pain: LBP) affects up to 80% of the population at some point in their lifetime. Several models have been proposed to explain the persistent and recurrent course of LBP. In particular, the Movement System Impairment model proposes that lumbopelvic motion that begins soon after the start of an active movement is important to LBP because of its potential contribution to increased frequency of lumbopelvic motion across the day. The purpose of this dissertation is to examine aspects of this model, focusing specifically on lumbopelvic motion during limb movements. In Chapter 2, we examine whether men and women with …

Professional Malpractice In A World Of Amateurs, Thomas D. Morgan

GW Law Faculty Publications & Other Works

An increasing number of tasks once reserved to lawyers are now being performed by non-lawyers. That reality seems likely to continue. The question then becomes against what standard of performance such “amateur” practice should be assessed. One answer might be that a non-lawyer should be guilty of malpractice if the work is performed below the level of quality to which a lawyer would be held. This paper argues that the work should instead be judged against the standard of performance the non-lawyer purported to be able to deliver.

Saving The Unitary Executive Theory From Those Who Would Distort And Abuse It: A Review Of The Unitary Executive, By Steven G. Calabresi And Christopher Yoo, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

Calabresi and Yoo make three important contributions to the literature on separation of powers in their new book. First, they seek to rescue the unitary executive theory from the Bush Administration lawyers who have discredited the theory in the eyes of many by relying on it to support outlandish claims of presidential power that are unrelated to the unitary executive theory. Second, they make a persuasive case for the unitary executive theory by explaining why a president must have the power to remove executive branch officers and to control policy making in the executive branch. Third, they document the ways …

Making Sense Of Procedural Injury, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay uses the Supreme Court’s 2009 opinion describing the version of the harmless error rule courts must use in administrative law cases as a point of entry in attempting to understand the Court’s 1992 opinion recognizing that 'procedural rights are special' for standing purposes. It concludes that courts should apply an easy-to-meet plausibility test in determining whether an agency’s refusal to provide a procedure required by statute or by the constitution has a causal relationship with the challenged agency action sufficient to allow the petitioner to obtain review of the action based on a procedural injury theory. Such a …

Perennial Outsiders: The Educational Experience Of Turkish Youth In Germany, Catherine J. Ross

GW Law Faculty Publications & Other Works

'When you talk about the debate on Turkey’s E.U. membership,' a German of Turkish origin who serves in the Parliament of the European Union explains, 'it immediately becomes a talk about head-scarf issues and building mosques.' This is in part because Western Europe has long considered itself a 'Christian Club.' The treatment of second-generation Turks in Germany and other European countries offers a window into the obstacles that must be confronted and overcome before Turks gain full equality in Europe. Totaling about four million, persons of Turkish origin make up the largest immigrant group in Europe, and virtually all of …

Microscopic Fungi Isolated From The Domica Cave System (Slovak Karst National Park, Slovakia). A Review, Alena Nováková

International Journal of Speleology

A broad spectrum, total of 195 microfungal taxa, were isolated from various cave substrates (cave air, cave sediments, bat droppings and/or guano, earthworm casts, isopods and diplopods faeces, mammalian dung, cadavers, vermiculations, insect bodies, plant material, etc.) from the cave system of the Domica Cave (Slovak Karst National Park, Slovakia) using dilution, direct and gravity settling culture plate methods and several isolation media. Penicillium glandicola, Trichoderma polysporum, Oidiodendron cerealis, Mucor spp., Talaromyces flavus and species of the genus Doratomyces were isolated frequently during our study. Estimated microfungal species diversity was compared with literature records from the same …

Unions, Education, And The Future Of Low-Wage Workers, Michael Selmi

GW Law Faculty Publications & Other Works

Low-wage workers have never had privileged access to desirable labor market opportunities but their position has significantly deteriorated over the last two decades, as union representation has decreased and the demand for higher skilled labor increased. This essay explores the future for low-wage workers and begins by defining what we mean by low-wage work, and also who low-wage workers are. I next explore the two most common advocated paths for improving the lives of low-wage workers: reviving unions and a human capital focus. I suggest that reviving unions, even in the context of the Employee Free Choice Act, offers at …

A Case Study Of A Rural Iowa School Preparing To Meet New State Guidelines For School Libraries, Karla Steege Krueger

Curriculum & Instruction Faculty Publications

A qualitative case study highlighting one rural Iowa elementary school provided insight into the issue of small schools without library programs as they are preparing to meet the Iowa reinstatement of the requirement for school library programs. The site was purposefully chosen because it has been operating without a school library program or professional teacher-librarian district-wide. All eight teachers and the nonendorsed library associate from one elementary school participated in either a focus group or semistructured interviews. The four district administrators were interviewed individually. Related documents were consulted. This study examined the status of the school library program, analyzed the …

Information About The Decorah Performance Of La Historia De Nuestras Vidas : The Story Of Our Lives

Postville Project Documents

An announcement of the June 11, 2009 performance of La Historia de nuestras vidas : the story of our lives at the Good Shephard Lutheran Church in Decorah, Iowa as well as a preview of a play created by women impacted by the Postville raid.

La Historia De Nuestras Vidas Spanish Script, Teatro Indocumentado

Postville Project Documents

A play that recounts the experiences of seven of the people caught up in the Postville immigration raid in 2008.

Un Comentario De La Obra Dramatisada La Historia De Nuestras Vidas De Juventino Lopez Pichia, Juventino Lopez Pichia

Postville Project Documents

A commentary on the creation of the play La historia de nuestras vidas : the story of our lives written by one of the men that wrote and performed the play.

Story Of Our Lives Letter From Alex Skitolsky, Alex Skitolsky

Postville Project Documents

A letter written in response to an idea suggesting that the writing sessions for the play be recorded on videotape or cassette. Alex Skitolsky explains why he doesn't think that would be a good idea.

Story Of Our Lives Image 3

Postville Project Documents

A color photograph of the seven men who wrote the play La Historia de nuestras vidas : the story of our lives, along with a woman who organized the presentation in Madison, Wisconsin on December 19, 2009.

Story Of Our Lives Image 1

Postville Project Documents

A photograph of the seven men who wrote the play. This image was used on the cover of the play.

Story Of Our Lives Personal Interviews, Teatro Indocumentado

Postville Project Documents

The transcriptions of the stories that form the basis of the play La Historia de nuestras vidas ; the story of our lives. The stories cover their childhoods, their decisions to come to the United States, their experiences getting to Postville, what it was like to work at the Agriprocessors plant, and the raid and what happened to them after the raid.

La Historia De Nuestras Vidas / The Story Of Our Lives Compilation, Teatro Indocumentado

Postville Project Documents

A compilation of documents relating to the play La Historia de Nuestras Vidas : The Story of Our lives. The seven men who wrote the play are Javier Lopez Sajche, Aaron Junech Vega, Luis Enrique Moncada Quiroz, Onofre Macario Aguilar, Juventino Lopez Pichia, Oscar Mejia Santos, and Victor Sis Tepaz.

Flores-Figueroa V. United States

Postville Project Documents

The opinion of the United States Supreme Court in the case of Ignacio Carlos Flores-Figueroa, whose lawyers argued that he didn't know the Social Security number and alien registration card number were assigned to other people.