Digital Commons Network^™

Revelation Of Jesus Christ: Commentary On The Book Of Revelation [Review] / Ranko Stefanovic, Edwin E. Reynolds

Andrews University Seminary Studies (AUSS)

No abstract provided.

From Sundown To Sundown: How To Keep The Sabbath . . . And Enjoy It! [Review] / May-Ellen Colón, Linda Wooning Voerman

Andrews University Seminary Studies (AUSS)

No abstract provided.

Horvat ‘Uza And Horvat Radum: Two Fortresses In The Biblical Negev [Review] / Itzhaq Beit-Arieh, Jeffery P. Hudon

Andrews University Seminary Studies (AUSS)

No abstract provided.

Growing Disciples In Community: A Review Of Scripture And Social Science, Kathleen Beagles

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Architecture Of Beneficence: An Account Of Nontotalitarian Beauty, Ante Jerončić

Andrews University Seminary Studies (AUSS)

No abstract provided.

United States Of America Experience With And Administrative Practice Concerning Mutual Assistance In Tax Affairs, Henry Ordower

All Faculty Scholarship

This report was part of the project for the 2009 meeting of the European Association of Tax Law Professors in Santiago de Compostela, Spain. The general reporter for the project was Professor Dr. Roman Seer, Ruhr Universität, Bochum, Germany. The report identifies and discusses United States cooperation with the member states of the European Union through treaties and other agreements on matters of sharing tax and taxpayer information and assisting in assembling tax information and collecting tax revenue. The United States report responds to questions that the general reporter posed and provides additional information concerning United States tax procedure.

New Opportunities For Nongovernmental Actors In The International Law Commission, Steve Charnovitz

GW Law Faculty Publications & Other Works

Four years ago, I wrote an essay for the Centennial celebration of the American Journal of International Law on the topic of “Nongovernmental Organizations and International Law.” In the section of that essay where I discussed whether, under international law, states and international organizations have a duty to consult nongovernmental organizations (NGOs), I surveyed some current practices of consultation in international organizations. My invitation to participate in this symposium has presented me an opportunity to revisit those thoughts, to conduct more research, and to update our scholarship on how the ILC processes use input from private actors. My presentation contains …

The National Labor Relations Act At 75: In Need Of A Heart Transplant, Charles B. Craver

GW Law Faculty Publications & Other Works

When the NLRA was enacted in 1935, 13.2% of workers were union members. Industrial unions used the power provided in the NLRA to organize manufacturing workers and achieve a union membership of 35% by the mid-1950s. Although the NLRA was significantly amended in 1947 and 1959, it has not been meaningfully changed since then. As a result, a statute designed for mass production industries is no longer relevant to the service and white-collar positions occupied by most individuals today. The NLRA must be modified to include independent contractors who work like regular employees and perma-temps hired from employment agencies on …

How To Make The Much-Needed Employee Free Choice Act Politically Acceptable, Charles B. Craver

GW Law Faculty Publications & Other Works

The proposed Employee Free Choice Act (AFCA) would make it easier for employees to select bargaining agents by allowing unions to become certified based upon authorization cards instead of secret ballot Labor Board elections. This practice would be similar to the practice employed by the Labor Board under the original NLRA from 1935 until 1947. To ensure that a majority of workers really desire representation, EFCA could require that 60% or 67% of employees in proposed bargaining units sign authorization cards before the designated union could be certified. EFCA would also require first contract arbitration in the many instances in …

What Makes A Great Legal Negotiator?, Charles B. Craver

GW Law Faculty Publications & Other Works

What factors are associated with successful legal negotiators? I have found no significant correlation between student GPAs and negotiating results achieved on course exercises. I have found no differences in the results achieved by race or gender. Negotiator styles influence bargaining success, with many skilled negotiators employing the hybrid Competitive/Problem-Solving approach where they explore the underlying interests of the parties and seek to expand the overall pie to be divided, but use subtle manipulation to claim a greater share of the joint surplus for themselves. Proficient negotiators are thoroughly prepared, they have realistic, but elevated aspirations,and they begin with elevated, …

Negotiation Ethics For Real World Interactions, Charles B. Craver

GW Law Faculty Publications & Other Works

Attorneys negotiate constantly. Many persons who teach negotiation courses feel uncomfortable with the deception often associated with bargaining. Negotiators demand more or offer less than they are willing to accept, and over- and under-state the value of different items for strategic purposes. Such "puffing" and "embellishment" are part of most business and legal interactions, and are are accepted by most professionals. On the other hand, misrepresentations of material information is clearly improper. Collaborative and Cooperative lawyers who feel uncomfortable using deceptive tactics to further client interests have agreed to be entirely open and cooperative when they negotiate. At what point …

When Statutory Regimes Collide:Will Wisconsin Right To Life And Citizens United Invalidate Federal Tax Regulation Of Campaign Activity?, Miriam Galston

GW Law Faculty Publications & Other Works

In Federal Election Commission v. Wisconsin Right to Life (2007) and Citizens United v. Federal Elections Commission (2010), the United States Supreme Court dramatically reduced the ability of Congress to regulate campaign finance activities of corporations and others active in elections. Many of the same activities are still subject to restrictions by the Internal Revenue Code, which regulates the type and amount of political campaign activities that certain nonprofits exempt under federal tax law can engage in.

In the wake of the campaign finance decisions, the constitutionality of the tax law’s restrictions on campaign activity is now being challenged in …

Terrorism And The Law: Cases And Materials, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Terrorism and the Law: Cases and Materials (2d ed. 2010) is a textbook written by Professor Gregory E. Maggs (of the George Washington University Law School) and published by West (ISBN-13: 9780314908582).

The textbook considers legal aspects of a broad range of methods that governments have for fighting terrorism, including criminal penalties, economic sanctions, immigration restrictions, military force, and civil liability. It addresses not just the steps taken in reaction to the 9/11 attacks, but also many other counterterrorism measures by the United States and other nations in recent years. To offer a global and comparative perspective, the materials include …

Virtual Shareholder Meetings Reconsidered, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

In 2000 Delaware enacted a statute enabling corporations to host meetings solely by electronic means of communication rather than in a physical location. Since that time, several states have followed Delaware's lead, and the American Bar Association has proposed changing the Model Business Corporation Act to provide for some form of virtual shareholder meetings. Many states believed that such meetings would prove to be an important device for shareholders who desire to increase their voice within the corporation. Instead, very few companies have taken advantage of the ability to host such meetings. This Article provides some data on state statutes …

The Digital Broadband Migration And The Federal Trade Commission: Building The Competition And Consumer Protection Agency Of The Future, William E. Kovacic

GW Law Faculty Publications & Other Works

Three areas of the FTC’s fairly extraordinary portfolio of policymaking responsibilities that affect the development of the internet stand out: (1) competition issues, (2) consumer protection issues, and (3) privacy and data protection. These three areas are linked by the FTC’s creation of policy by experimentation, assessment, and refinement, which ensures the FTC makes wise choices in the face of dramatic technological changes that characterize the internet. The three areas are also linked by institutional multiplicity, which may need to be reconfigured for internet-commerce policy.

Effective policy for internet-commerce requires investment in institutional building and implementation because the degree of …

U.S. Convergence With International Competition Norms: Antitrust Law And Public Restraints On Competition, William E. Kovacic, James C. Cooper

GW Law Faculty Publications & Other Works

In this Article we focus upon an area in which greater convergence of U.S. policy with the practice of many foreign countries is long overdue: the treatment of public policies that suppress competition. Whereas the European Union (“EU”) and numerous other jurisdictions have taken strong measures to limit restraints imposed by national government authorities and political subdivisions, U.S. antitrust policy in many ways is more tolerant of public restraints upon business rivalry. Since the early twentieth century, Supreme Court doctrines have evolved to grant states and the federal government broad rights to enact laws that restrain competition. Further, individual groups …

Emerging Policy And Practice Issues (2009), Steven L. Schooner, David J. Berteau

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2009), attempts to identify the key trends and issues for 2010 in U.S. federal procurement. In large part, the paper focuses upon the challenges inherited by the Obama administration and its efforts during its first year in office. Among other things, the paper suggests that the administration charted a course of what it perceived as bold action – most dramatically, touting "savings" and accountability, while permitting special interests to distract focus from value for money and customer satisfaction. Accordingly, at least to date, the Obama administration's procurement …

Terrorism And The Law: Cases And Materials, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Terrorism and the Law: Cases and Materials (2d ed. 2010) is a textbook written by Professor Gregory E. Maggs (of the George Washington University Law School) and published by West (ISBN-13: 9780314908582).

The textbook considers legal aspects of a broad range of methods that governments have for fighting terrorism, including criminal penalties, economic sanctions, immigration restrictions, military force, and civil liability. It addresses not just the steps taken in reaction to the 9/11 attacks, but also many other counterterrorism measures by the United States and other nations in recent years. To offer a global and comparative perspective, the materials include …

Towards A Jurisprudence Of Hybridity, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Debates about non-state normative communities often devolve into clashes between two polarized positions. On the one hand, we see the desire to eradicate difference through forced obeisance to a single overarching state norm. On the other, we see claims of complete autonomy for non-state lawmaking, as if such non-state communities could plausibly exist in isolation from the communities that both surround and intersect them.

Neither of these positions takes seriously the importance of engagement and dialogue across difference. Navigating difference doesn’t require either assimilation or separation; it requires negotiation. Legal pluralists have long charted this process of negotiation, noting, for …

Cultural Cognition Of Scientific Consensus, Donald Braman, Dan M. Kahan, Hank Jenkins-Smith

GW Law Faculty Publications & Other Works

Why do members of the public disagree - sharply and persistently - about facts on which expert scientists largely agree? We designed a study to test a distinctive explanation: the cultural cognition of scientific consensus. The "cultural cognition of risk" refers to the tendency of individuals to form risk perceptions that are congenial to their values. The study presents both correlational and experimental evidence confirming that cultural cognition shapes individuals' beliefs about the existence of scientific consensus, and the process by which they form such beliefs, relating to climate change, the disposal of nuclear wastes, and the effect of permitting …

Individual Rights And Transnational Networks, Francesca Bignami

GW Law Faculty Publications & Other Works

Transnational regulatory networks have become increasingly powerful over the past decades. For public law scholars, one of the most pressing questions raised by transnational networks is whether they respect the constitutional and administrative principles that have been developed within the context of the nation state. Although the focus of recent scholarship has been the democratic accountability of networks tasked with agenda-setting and rule-making powers, certain networks are also responsible for individualized decision-making and carry the risk of undermining liberal rights. Examples include the UN Sanctions Committee, Europol, and the administration of EU customs and agricultural policy. This contribution identifies some …

A Versatile Prism: Assessing Procurement Law Through The Principal-Agent Model, Christopher R. Yukins

GW Law Faculty Publications & Other Works

Over the past several decades, the federal procurement system in the United States has grown remarkably, and now totals over $500 billion annually.

Over that same period, the rules governing federal procurement have been buffeted by broad efforts at reform. At no point, however, have we ever had an overarching theory - a model or prism - through which to assess the procurement system or its reform. Agency theory provides one such theoretical model. Long established in economics and the other social sciences, the principal-agent model (agency theory) provides a model to explain successes (and failures) in organizational structures, and …

Making Workshops Work (For Everyone): Creating And Capturing A Student-Driven Writing Workshop Series, Iselin Magdalene Gambert, Benjamin James Grillot

GW Law Faculty Publications & Other Works

It's not uncommon for new law students to arrive at law school anxious for support on their legal writing assignments and looking for strategies to improve their time management and exam preparation skills. At the same time, upper-level law students are often eager for opportunities to develop their public speaking, presentation development, and leadership skills. This article presents an overview of the 2009-10 Fall Writing Workshop Series, sponsored by the GW Law Writing Center, which successfully met both sets of goals. The article provides readers with concrete ideas for implementing a similar program at their law schools, and includes ideas …

The First Amendment Issue Of Our Time, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Here we go, once more unto the breach, to face yet another battle in the near decade-long war over net neutrality. Some of the combatants have changed, and their positions have shifted slightly, but today we find essentially the same interests represented and the same arguments advanced. On one side, the major cable, Digital Subscriber Line (DSL), and wireless broadband providers continue to argue against increasing the Federal Communication Commision’s (FCC) authority over how these providers manage the flow of information through their pipes. On the other side, we have content providers, Internet users, and--this time--the FCC, contending that the …

Low Back Pain In Schoolgirl Rowers: Prevalence, Bio-Psycho-Social Factors And Prevention, Debra Perich

Theses: Doctorates and Masters

Rowing is one of the largest participant sports on the Independent Girls‟ Schools Sporting Association (IGSSA) in Western Australia with approximately 400 participants competing every year. Rowing is an extra-curricular sport offered to girls 14 years of age and above, with these girls competing and training in both sweep and scull boats. Whilst the benefits of regular physical activity and exercise are well known, musculoskeletal problems have been documented in rowing. In particular, clinical evidence and previous research suggests that low back pain (LBP) is common in rowers. Adolescents who suffer from LBP are at an increased risk of recurrent …

The National Innovation System Of Singapore, Winston T. H. Koh, Phillip Phan

Research Collection School Of Economics

No abstract provided.

Obedience, Schooling, And Political Participation, Davin Chor, Filipe R. Campante

Research Collection School Of Economics

This paper proposes a framework for understanding the joint evolution of cultural norms and human capital investment, and how these affect patterns of political participation. We first present some empirical evidence that cultural attitudes towards obedience systematically influence an individual's propensity to engage in different political activities: obedience discourages more confrontational modes of political activity (such as public demonstrations), while raising participation in non-confrontational civic acts (such as voting). These cultural attitudes further appear to be determined in part by cultural transmission across generations. Motivated by this evidence, we develop a dynamic model in which human capital and obedience are …

From Canter To Cantor: Negotiating Constraints, And The Perceptions Of Elitism In Serious Leisure Pursuits : The Experiences Of A High Performing Athlete And Artist, Lorraine O'Neill

Theses: Doctorates and Masters

Everyone experiences leisure differently but, for people who excel in a chosen field, a hobby can become a serious goal-oriented leisure pursuit. Many talented people, however, fail to reach their leisure goals due to constraints. This study explored individual life experiences of serious leisure participants. It focused on the lived experiences of individual event [horse] riders and opera singers who successfully negotiated their constraints, enabling them to reach their high performance goals.

The purpose of this study was to explore positive personal strategies that individuals used to negotiate constraints in serious leisure. This was done by exploring intrapersonal, interpersonal and …

The Identification, Development And Application Of Information Culture In The Western Australian Public Sector, Janine Douglas

Theses: Doctorates and Masters

Information can be found in government departments in many forms. It exists, for example, as performance indicators, statistics, economic analysis, policy advice, political know-how or opinions. Using information is a daily and oft repeated activity in government departments. Information is central to the achievement of outcomes and the delivery of services. It is critical to the government’s success in the information economy. It is central to the development of products and services. It supports policy making and it underpins accountability. Government departments are built on the generation and use of information that is relevant to the largest of all customer …

Theory Of Entropic Security Decay: The Gradual Degradation In Effectiveness Of Commissioned Security Systems, Michael P. Coole

Theses: Doctorates and Masters

As a quantitative auditing tool for Physical Protection Systems (PPS) the Estimated Adversary Sequence Interruption (EASI) model has been available for many years. Nevertheless, once a systems macro-state measure has been commissioned (Pi) against its defined threat using EASI, there must be a means of articulating its continued efficacy (steady state) or its degradation over time. The purpose of this multi-phase study was to develop the concept and define the term entropic security decay. Phase one presented documentary benchmarks for security decay. This phase was broken into three stages; stage one presented General Systems Theory (GST) as a systems benchmark …