Digital Commons Network^™

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 …

Resilience In Western Australian Adolescents: A Model Of The Processes That Occur Between Risk And Success, Mandie B. Shean

Theses: Doctorates and Masters

The aim of this research was to develop a model that represents how adolescents in the Western Australian context navigate their way to resilience. Resilience was defined as “the outcome from negotiations between individuals and their environments for the resources to define themselves as healthy amidst conditions collectively viewed as adverse” (Ungar, 2004a, p. 342). The philosophical approach was social constructivist and the methodology was mixed, employing both qualitative and quantitative methodologies through grounded theory. The techniques used to gather data included interviewing, focus groups, and questionnaires. There were three stages in the research: namely, developing the model of resilience, …

Conceptualising Bullying In An Aboriginal Context As Reported By The Yamaji Community, To Inform The Development Of A Bullying Prevention Program That Is Culturally Sensitive To The Needs Of Aboriginal Students, Juli Coffin

Theses: Doctorates and Masters

The Solid Kids Solid Schools project aimed to capture the unheard voices of Aboriginal children and community members on the issues surrounding ‘bullying’. In an Aboriginal context bullying is different and the outcomes are different, yet mainstream programs are utilized to combat the issue. We need to know how bullying is different for Aboriginal children and young people, why it is different and what does this difference mean in terms of addressing this issue in a school and community setting? A community based steering group guided the direction of this study and the larger Solid Kids Solid Schools project. Snowball …

Learning A Foreign Language With A Collaborative Web-Based Task, Processes And Performances. Apprendre Une Langue Étrangère À Partir D'Une Tâche Collaborative Sur Internet : Processus Et Performances, Frédérique Penilla

Theses: Doctorates and Masters

Within language teaching and learning, tasks have been advocated for use as they are thought to set up ideal conditions for language acquisition to occur. With the emergence of the Internet in the last decade, and the deployment of technology in schools, Web-based tasks, referred to as Computer-assisted Language Learning (CALL) are being used by an increasing number of teachers. Teachers who employ Web-based tasks in their classrooms, commonly set these up so that learners complete them in a collaborative mode. This requires learners engaging in a process of task negotiation and, at times, task redefinition, which in turn requires …

Rewiring Head And Heart : An Investigation Into The Efficacy Of A Clinical Psychotherapeutic Modality For The Treatment Of Depression, Genevieve Milnes

Theses: Doctorates and Masters

This is a presentation of the psychotherapeutic treatment modality, „Rewiring Head & Heart (Rewiring)‟ that combines cognitive therapy (“head”) with psychodynamic exercises (“heart”) into an evidence-based clinical treatment modality for use by therapists. This study extends previous research conducted by Milnes (1998). Descriptions of the origins of the treatment modality, the underpinning theoretical framework, and practical application in the Rewiring Manual are followed by an empirical investigation of its efficacy on a sample of adults with depressed mood, before discussing case studies and issues of clinical application of Rewiring. Rewiring consists of two contributing elements – Cognitive Fluency (CF) and …

Consuming Online Communities : Computer Operating Systems, Identity And Resistance, Gregory C. Stratton

Theses: Doctorates and Masters

A defining feature of the modern era of computer technologies has been a massive reliance upon the mass consumption of personal operating system software. Currently three products dominate how the world experiences computer operating system – Microsoft‘s Windows, Apple‘s Mac, and Linux. The near monopoly held by Windows has been a crucial enabler of the ICT revolution, while the small but significant markets held by Mac and Linux provide alternatives to Windows monoculture. Aside from their technical differences each offers distinct examples of modern-day branding, with individuals forming communities in which members signify their allegiance with these products. This thesis …

Improving The Aesthetic And Other Experiential Design Aspects Of Bicycle Paths In Western Australia, Anthony W. Stephens

Theses: Doctorates and Masters

Governments around Australia are in the process of promoting cycling as both a sustainable form of transport that can be a viable alternative to the motor vehicle, particularly for shorter trips, and as a healthy recreational pursuit that can play an important role in addressing the growing problem of obesity and illnesses associated with a sedentary lifestyle in the community. As part of this initiative, the development of effective and efficient infrastructure for bicycles is seen as a vital step for achieving higher participation rates.

A major component of the nation’s bicycle infrastructure is the growing networks of paved paths …

Personal Exposure Of Children To Formaldehyde In Perth, Western Australia, Victoria S. Lazenby

Theses: Doctorates and Masters

Formaldehyde is a common air pollutant that tends to be found in elevated concentrations in indoor air. Exposure to formaldehyde has the potential to impact on respiratory health, particularly amongst sensitive individuals and populations, including children. Children spend most of their time indoors at home, however, there are very little data on the contribution of formaldehyde concentrations in homes to personal exposure in children. The principal aim of this cross sectional study was to investigate whether the domestic environment is the most significant source of personal exposure of formaldehyde in children. Forty-one primary school children (aged between 8 and 12) …

Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law: The Singapore Example, Eliza Mik

Research Collection Yong Pung How School Of Law

The United Nations Commission on International Trade Law (UNCITRAL) Convention on the Use of Electronic Communications in International Contracts (CUECIC or Convention) was adopted on 23 November 2005. Its essential objective is to establish uniform rules intended to “remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, with a view to enhancing legal certainty and commercial predictability.” The Convention relies on the UNCITRAL Model Law on Electronic Commerce (MLEC), which constitutes an e-commerce flagship project dating back to 1995. It also resembles UNCITRAL’s Convention …

The Constructive Trust In Singapore: Five Persistent Puzzles, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper investigates some persistent difficulties surrounding the constructive trust. The five persistent puzzles relating to the constructive trust that are considered in this paper are: the terminology puzzle, the institutional and remedial puzzle, the explanatory puzzle, the bankruptcy puzzle and the Torrens puzzle. It is the author’s thesis that these five enduring puzzles must be addressed and ultimately unravelled in order to ensure the coherent development of the law in this area.

The Evolution Of The Ict Sector In Egypt – Partnership4development, Sherif Kamel

Faculty Journal Articles

Emerging information and communication technology (ICT) is setting the pace for a changing, competitive and dynamic global marketplace and representing an enabling platform for business and socioeconomic development in the 21st century. In that respect, developing nations are urged to keep pace regularly with the developments taking place in the developed world through the design and implementation of plans for universal access in terms of ICT literacy and its effective utilization for developmental purposes. It is important to note that building the ICT infrastructure will not realize quantum leaps in the development process unless it is coupled with concrete projects …

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

Association Sections, Divisions, Boards, Teams

No abstract provided.

Bilingual Spanish-English Speaking 4-Year-Old-Children: English Normative Data And Correlations With Parent Reports, Brooke Leann Powers

Dissertations and Theses

Many bilingual Spanish-English preschool aged children are impacted by speech sound disorders; and research has shown that bilingual speech sound systems develop differently than monolinguals'. Research has also shown that, for monolingual English and Spanish speakers, parent reports can be a valid tool for identification and single-word assessments can effectively diagnose speech disorder, yet little, if any, normative data or information about the validity of parent reports as an identification tool exists for bilingual Spanish-English speakers. The purpose of the present study was to create bilingual speech normative data for English single-word assessment scores for percent consonants correct (PCC), percent …

Achieving Congruence: Building A Case For Implementing A District-Wide Interim Benchmark Assessment That Is Aligned With A Balanced Literacy Framework, Theodore Feller

Dissertations and Theses

For generations--and certainly for the last 30 years--proponents of traditional and progressive philosophies have argued over how best to educate our children. Although this debate is often carried out in the political and academic spheres, the difficulties created by not being able to resolve the differences between the two belief systems become blatantly clear in the pedagogy of early literacy. On the one hand, traditionalists argue for a direct and explicit instructional methodology, and on the other hand, progressives advocate for Whole Language or Balanced Literacy instruction. The classroom often becomes a battlefield as advocates of these opposing schooling paradigms …

A Comparison Of Single Word Identification, Connected Speech Samples, And Imitated Sentence Tasks For Assessment Of Children With A Ssd, Emily Katherine Snyder

Dissertations and Theses

Speech-language pathologists are constantly trying to use the most efficient and effective assessments to obtain information about the phonetic inventory, speech sound errors, and phonological error patterns of children who are suspected of having a speech sound disorder. These assessments may involve a standardized measure of single words and/or sentences and a non standardized measure, such as a spontaneous speech sample. While research has shown both of these types of assessments to give clinicians information about a child's speech production abilities, the use of delayed imitation tasks, either words or sentences, has not been a widely studied topic and has …