Digital Commons Network^™

A Foothold For Real Democracy In Eastern Europe, Elizabeth R. Sheyn

Vanderbilt Journal of Transnational Law

Ukraine has never had a criminal or civil jury trial despite the fact that the right to a criminal jury trial is guaranteed by Ukraine's Constitution. The lack of jury trials is one of the factors likely contributing to the corruption and deficiencies inherent in Ukraine's judicial system. This Article argues that Ukraine can and should make room for juries in its judicial system and proposes a framework for both criminal and civil jury trials. Although the use of juries will not remedy all of the problems plaguing Ukraine, it could bring the country closer to achieving a truly democratic …

Missed Opportunity: Congress's Attempted Response To The World's Demand For The Violence Against Women Act, Brenton T. Culpepper

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in U.S. v. Morrison struck down, as a violation of the Commerce Clause, § 13,981 of the Violence Against Women Act, that provided a private right of action for victims of gender-motivated violence to assert against their abusers. However, § 13,981 should have been affirmed as implementing legislation designed to fulfill U.S. obligations under the International Covenant on Civil and Political Rights and customary international law. Recognizing § 13,981 as implementing legislation serves as a foundation for the United States to restore itself as a legitimate human rights leader capable of both appreciating its own international …

African American Caregiver Resiliency: Resources, Vulnerabilities, Coping, And Well-Being Among Caregivers Of Persons With Chronic Illness, Kimberly Carter

All Theses and Dissertations (ETDs)

Using a sample of African American family members from the National Survey of Families and Households: NSFH), this study explored the experience of caring for a family member with chronic illness. Guided by the Model of Family Stress, Adaptation, and Resiliency the study looked at the role that family stress and coping factors: specifically, resources, vulnerabilities, and coping behaviors) have on caregiver well-being. T-tests and chi-square analyses of the entire sample, both the caregivers and non-caregivers: N = 2390) revealed no significant differences, other than gender, between caregivers and non-caregivers across demographic, stressor, and coping factors. Caregivers were more likely …

Promoting Commercial Law Reform In Eastern Europe, Samuel Bufford

Faculty Scholarship

This article is my account of what I did in a decade of advising governments and teaching judicial seminars on commercial law matters in Central and Eastern Europe, beginning in 1991. This article contains my individual reflections on more than a dozen visits to developing countries in Central and Eastern Europe to advise governments and to educate their judges, and several visits of judges from some of those countries to the United States. In many ways, my experiences are typical of United States judges who have done the same kind of work in developing countries. In some ways, my experiences …

Freeze-Outs: Transcontinental Analysis And Reform Proposals, Marco Ventoruzzo

Faculty Scholarship

One of the most crucial, but systematically neglected, comparative differences between corporate law systems in Europe and in the United States concerns the regulations governing freeze-out transactions in listed corporations. Freeze-outs can be defined as transactions in which the controlling shareholder exercises a legal right to buy out the shares of the minority, and consequently delists the corporation and brings it private. Beyond this essential definition, the systems diverge profoundly.

This gap exists despite the fact that minority freeze-outs are one of the most debated issues in corporate law, in the public media, in a vast body of scholarly work …

The Effects Of Emotions On Strategic Decision-Making: A China-U.S. Cross-Cultural Experimental Study, Weichu Xu

Theses and Dissertations in Business Administration

This dissertation examines how two different emotions—pride and guilt—experienced by managers influence their strategic decision-making. Four different aspects of strategic decisions are investigated: risk, comprehensiveness, speed, and resource commitment. The dissertation also investigates how culture moderates the relationship between emotions and different aspects of the strategic decision-making process.

The hypotheses of this study were tested using a 2 x 2 experimental design with two emotions (guilt and pride) and two cultures (U.S. and China). The experimental design used scenarios to elicit these two emotions. Next, PANAS-X scale was used to check the effectiveness of emotion manipulation. Finally, respondents were asked …

Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye

Faculty Scholarship

Day in and day out, criminalists testify to positive, uniquely specific identifications of fingerprints, bullets, handwriting, and other trace evidence. A committee of the National Academy of Sciences, building on the writing of academic commentators, has called for sweeping changes in the presentation and production of evidence of identification. These include some form of circumscribed and standardized testimony. But the Academy report is short on the specifics of the testimony that would be legally and professionally allowable. This essay outlines possible types of testimony that might harmonize the testimony of criminalists with the actual state of forensic science. It does …

Transnational Mass Claim Processes (Tmcps) In International Law And Practice, Arturo J. Carrillo, Jason Scott Palmer

GW Law Faculty Publications & Other Works

This article recognizes a growing overlap in the literature between international mass claims processes (“IMCPS”) and transitional justice claims processes (“TJCPs”), i.e. domestic reparations programs adopted by successor governments in the wake of mass atrocity. This convergence is reflected in a number of recent publications in both fields that promote the comparative analysis of IMCPs and TJCPs, which in turn, leads to the conclusion that the two processes share a number of analogous characteristics. Commentators tend to view these ostensibly shared traits as a natural source of “best practices” or “lessons” transferable between mass claims procedures in the international and …

Reforming Financial Regulation To Address The Too-Big-To-Fail Problem, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The ongoing financial crisis has revealed fundamental weaknesses in the regulatory systems of the United States, the United Kingdom and other European nations. In particular, publicly-funded bailouts of major banks have confirmed that “too big to fail” (TBTF) subsidies distort economic incentives and encourage excessive risk-taking by large, complex financial institutions (LCFIs). Accordingly, the primary goals of regulatory reform must be (i) to eliminate, or at least greatly reduce, TBTF subsidies and (ii) to force LCFIs to internalize the risks and costs of their activities.

After surveying the causes and consequences of the financial crisis, this article proposes five regulatory …

Geographic Trademarks And The Protection Of Competitor Communication, Robert Brauneis

GW Law Faculty Publications & Other Works

Over the last 25 years, brand names that incorporate geographic terms have become easier to register immediately at the U.S. Patent and Trademark Office, without having to demonstrate acquired distinctiveness or "secondary meaning." This is largely due to two developments. The first is the rise of a subjective "goods-place association" test, under which an examiner must show that consumers would understand the brand name as claiming geographic origin before refusing registration. The second is the Federal Circuit's interpretation of the NAFTA Implementation Act as requiring a showing of materiality before refusing to register a trademark as primarily geographically deceptively misdescriptive. …

Comparative Originalism, David Fontana

GW Law Faculty Publications & Other Works

Jamal Greene has written an important paper examining originalism in other countries. This short response argues that comparing the United States with Canada and Australia (the countries Professor Greene mostly examines) involves comparing quite different countries, because the Canadian and Australian constitutions reorganized preexisting institutions, whereas the United States had more of a nation-creating, revolutionary constitution. Other countries that arose out of more revolutionary events, such as certain post-colonial African and Latin American nations, have also tended to feature originalist arguments. When the nation predates the creation of a constitution, key cultural and political understandings also predate the constitution, thereby …

Transnational Mass Claim Processes (Tmcps) In International Law And Practice, Arturo Carrillo, Jason Palmer

GW Law Faculty Publications & Other Works

This article recognizes a growing overlap in the literature between international mass claims processes (“IMCPS”) and transitional justice claims processes (“TJCPs”), i.e. domestic reparations programs adopted by successor governments in the wake of mass atrocity. This convergence is reflected in a number of recent publications in both fields that promote the comparative analysis of IMCPs and TJCPs, which in turn, leads to the conclusion that the two processes share a number of analogous characteristics. Commentators tend to view these ostensibly shared traits as a natural source of “best practices” or “lessons” transferable between mass claims procedures in the international and …

Use-Dependent Plasticity Regulates Sleep Need In Drosophila Melanogaster, Jeffrey Donlea

All Theses and Dissertations (ETDs)

Although the necessary functions of sleep have not been identified, sleep has been shown to play an important role in the consolidation of memories. Recent studies have shown that, in addition to playing a strong role in sleep regulation, the circadian clock also influences processes associated with learning and memory. Thus, the neural circuits that control circadian rhythms are uniquely positioned to play an important role in coordinating interactions between sleep and memory. Drosophila melanogaster exhibit increased sleep following several days of social experience and require sleep to consolidate long-term memories: LTM) after Courtship Conditioning, an associative memory assay. We …

Parallelization Of Dynamic Programming Recurrences In Computational Biology, Arpith Jacob

All Theses and Dissertations (ETDs)

The rapid growth of biosequence databases over the last decade has led to a performance bottleneck in the applications analyzing them. In particular, over the last five years DNA sequencing capacity of next-generation sequencers has been doubling every six months as costs have plummeted. The data produced by these sequencers is overwhelming traditional compute systems. We believe that in the future compute performance, not sequencing, will become the bottleneck in advancing genome science. In this work, we investigate novel computing platforms to accelerate dynamic programming algorithms, which are popular in bioinformatics workloads. We study algorithm-specific hardware architectures that exploit fine-grained …

Integration Of Multi-Sensory Earth Observations For Characterization Of Air Quality Events, Erin Robinson

All Theses and Dissertations (ETDs)

In order to characterize air quality events, such as dust storms or smoke events from fires, a wide variety of Earth observations are needed from satellites, surface monitors and models. Traditionally, the burden of data access and processing was placed on the data user. These challenges of finding, accessing and merging data are overcome through the principles of Service Oriented Architecture. This thesis describes the collaborative, service-oriented approach now available for air quality event analysis, where datasets are turned into services that can be accessed by tools through standard queries. This thesis extends AQ event evidence to include photos, videos …

Characterization Of Scannable Leaky Wave Antennas Using An Extended Metamaterial Framework, Garrett Gilchrist

All Theses and Dissertations (ETDs)

No abstract provided.

High-Speed Photoacoustic Microscopy In Vivo, Liang Song

All Theses and Dissertations (ETDs)

The overarching goal of this research is to develop a novel photoacoustic microscopy: PAM) technology capable of high-speed, high-resolution 3D imaging in vivo. PAM combines the advantages of optical absorption contrast and ultrasonic resolution for deep imaging beyond the quasi-ballistic regime. Its high sensitivity to optical absorption enables the imaging of important physiological parameters, such as hemoglobin concentration and oxygen saturation, which closely correlate with angiogenesis and hypermetabolism--two hallmarks of cancer. To translate PAM to the clinic, both high imaging speed and high spatial resolution are desired. With high spatial resolution, PAM can detect small structural and functional changes early; …

Adaptive Ofdm Radar For Target Detection And Tracking, Satyabrata Sen

All Theses and Dissertations (ETDs)

We develop algorithms to detect and track targets by employing a wideband orthogonal frequency division multiplexing: OFDM) radar signal. The frequency diversity of the OFDM signal improves the sensing performance since the scattering centers of a target resonate variably at different frequencies. In addition, being a wideband signal, OFDM improves the range resolution and provides spectral efficiency. We first design the spectrum of the OFDM signal to improve the radar's wideband ambiguity function. Our designed waveform enhances the range resolution and motivates us to use adaptive OFDM waveform in specific problems, such as the detection and tracking of targets. We …

Racial Disparities In Hiv Seroprevalence Among Male Street Sex Workers, Larry Morton

All Theses and Dissertations (ETDs)

This dissertation examined whether racial disparities in HIV/AIDS between African American and Caucasian male street sex workers: MSSWs) existed and, if so, what were the possible reasons for these disparities. African American MSSWs were significantly more likely to report being HIV/AIDS-positive. However, when included in binary logistic models, the relationship between HIV risk factors: of syphilis and sexual assault) and HIV status did not significantly vary between African American and Caucasian MSSWs. Mediation of sexual assault and/or syphilis between race and HIV/AIDS could not be tested due to not meeting the assumptions for mediation. African American MSSWs are over twice …

Unbound By Law: Association And Autonomy In The Early American Republic, Kevin Butterfield

All Theses and Dissertations (ETDs)

This dissertation examines how the concept of voluntary membership evolved between the 1780s and the 1830s, a period in which men and women created thousands of groups seeking everything from fraternity to profit to social reform. Before observers foreign and domestic would begin to identify the voluntary association as a defining characteristic of post-Revolutionary American culture, Americans who organized and joined such groups had struggled for decades to determine what membership ought to look like, what rights and duties the act of joining should entail. By the time Alexis de Tocqueville famously noted in 1831 that Americans were "forever forming …

Synthetic Ion Transporters: New Analytical Approaches For The Investigation Of Ion Binding And Transport, Ionut Carasel

All Theses and Dissertations (ETDs)

Synthetic ion transporters: new analytical approaches for the investigation of ion binding and transport by Ionut Alexandru Carasel Doctor of Philosophy in Chemistry Washington University in St. Louis, 2010 Dr. George W. Gokel, co-Chair Dr. Kevin Moeller, co-Chair The work reported in this dissertation focuses on synthetic ion transporters: SATs). SATs have a relatively simple chemical structure but they aggregate, self-assemble and insert in biological membranes much in the same way as their much more complex naturally occurring analogs. This makes SATs valuable tools for the investigation of these supramolecular and membrane related processes with the final goal of developing …

Evaluating The Patient-Centeredness Of Medicare Part D, Melissa Hensley

All Theses and Dissertations (ETDs)

The implementation of the Medicare prescription drug benefit: "Part D") has brought about many changes in the provision of prescription medications to adults with serious mental illness. Existing research on the impact of Part D on this population, for the most part, examines the benefit from the perspective of the physicians who treat these individuals. This research seeks to use a framework of patient-centered care to examine the impact of the Part D benefit on adults with mental illness, from the viewpoints of beneficiaries themselves and the case managers: "community support workers") who serve them. In addition, data from the …

Hermann Hesse As Ambivalent Modernist, Theodore Jackson

All Theses and Dissertations (ETDs)

This dissertation asserts that the Hermann Hesse approaches the themes and techniques of literary Modernism with ambivalence. The first chapter outlines the role of philosophical and literary walking in Hesse's work in general as well as how these depictions differ from those produced by his predecessors. The second chapter takes Hesse's reinterpretation of Nietzsche and Rousseau and applies it to three of Hesse's early novels, Unterm Rad, Peter Camenzind, and Knulp. The third chapter examines Der Steppenwolf as an ambivalently Modernist autobiography, using Eugene Stelzig's notion of Seelenbiographie. The last chapter examines Hesse's two final novels, Die Morgenlandfahrt and Das …

What Do The Studies Of Judicial Review Of Agency Actions Mean?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay, I discuss the meaning of ten empirical studies of judicial review of agency actions that have been published over the last twenty years. The most robust findings are: a court’s choice among the six deference doctrines courts now use has no effect on the outcome of cases; the ideological preferences of judges and Justices explain about 30% of their votes; members of politically mixed panels indulge their ideological preferences about half as often as do members of politically homogenous panels; and, the D.C. Circuit is consistently less deferential than other circuits. I conclude by endorsing David Zaring’s …

Teaching Resources In Speleology And Karst: A Valuable Educational Tool, Jo De Waele

International Journal of Speleology

There is a growing need in the speleological community of tools that make teaching of speleology and karst much easier. Despite the existence of a wide range of major academic textbooks, often the caver community has a difficult access to such material. Therefore, to fill this gap, the Italian Speleological Society, under the umbrella of the Union International de Spéléologie, has prepared a set of lectures, in a presentation format, on several topics including geology, physics, chemistry, hydrogeology, mineralogy, palaeontology, biology, microbiology, history, archaeology, artificial caves, documentation, etc. These lectures constitute the “Teaching Resources in Speleology and Karst”, available online. …

A Re-Appraisal Of The Stratigraphy, Palaeontology And Dating Of Cow Cave, Chudleigh, Devon, England, Jim W. Simons

International Journal of Speleology

Cow Cave is an important Quaternary paleontological site in Chudleigh Gorge, Devon, UK., now known to have a sequence of cave-earths and stalagmite floors that range in age from Upper Middle Pleistocene (~MIS 7 interglacial) through to the Holocene (Flandrian) and the present day. Excavations in 1927-1934, and again in 1962-3, have provided a rich fauna, with some artefacts. Here, the stratigraphy of the deposits is now more fully described and the faunal remains are considered in their stratigraphical contexts. Data supporting the existence of former cave entrances are presented along with an analysis of the processes of sedimentation and …

Fourth Amendment Pragmatism, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this essay, Professor Solove argues that the Fourth Amendment reasonable expectation of privacy test should be abandoned. Instead of engaging in a fruitless game of determining whether privacy is invaded, the United States Supreme Court should adopt a more pragmatic approach to the Fourth Amendment and directly face the issue of how to regulate government information gathering. There are two central questions in Fourth Amendment analysis: (1) The Coverage Question - Does the Fourth Amendment provide protection against a particular form of government information gathering? and (2) The Procedure Question - How should the Fourth Amendment regulate this form …

Country Natural Beef: A Maturing Co-Op At The Crossroads, Madeleine E. Pullman, Victoria Villa-Lobos, Zhaohui Wu

Business Faculty Publications and Presentations

A Business Base Study of a Group of Northwest Cattle Ranchers that Formed a Co-op to Market Natural Beef Products, in the Face of economic uncertainty and the rise of corporate farms and ranches. Provides an overview of the cattle ranching industry, the history of the co-op, its economic outlook, and future challenges.

Camp Adventure Child And Youth Services: Core Aquatic Training Modules, Meredith A. Stille

Graduate Research Papers

Swimming is one of the most popular leisure activities in the United States. However, there has been very little research conducted on specialized training programs that have been developed outside of the certificate programs offered by such organizations as the American Red Cross. It is evident that there is a need to develop program specific staff development programs, especially in settings coupled with day and resident camp programs. The Camp Adventure™ Child and Youth Services program is one such organization that engages in swimming activities as a part of its camp program offerings. As such, the creation of an organized …

Portland Roasting Company: Farm Friendly Direct, Madeleine E. Pullman, Brandon Arends, Mark Langston, Greg Price, Greg Stokes

Business Faculty Publications and Presentations

This case describes the issues and dilemmas facing a company in their efforts to differentiate their product through a social sustainability programme. Over the years, the company has built a strong reputation with their sustainability efforts, particularly amongst their peers in the specialty coffee industry. There is some question as to whether this reputation has been visible to consumers and if consumers see the value-proposition. The case covers the history of coffee, the specialty coffee industry, the supply chain and roles of different participants, and the competitive landscape.

Furthermore, most of the competitive eco-labels and certification schemes are discussed. The …