Digital Commons Network^™

Defining The Word ‘Maintain’; Context Counts, Jack H. Friedenthal

GW Law Faculty Publications & Other Works

The Supreme Court in Shady Grove Orthopedic Associates v. Allstate Ins. Co., a diversity-of-citizenship case, held that a state statute prohibiting “maintenance” of a class action to enforce a penalty clashed with the terms of Federal Rule of Civil Procedure 23 that authorizes “maintenance” of a class suits meeting the requirements of the rule. Writing for himself and three others Justices, Justice Scalia refused to consider the history of the state provision and merely declared that its “clear text” established the conflict. He failed to consider the fact that the word “maintain” is ambiguous and that there is reason to …

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 …

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 Legal And Economic Analysis Of The Conflict Of Property Rights On Generic Names: Based On The “Little Sheep” Trademark Dispute, Wei Zhang, Ming Yang

Research Collection Yong Pung How School Of Law

自我国2001年修订《商标法》接受了"第二含义理论"——即承认"共用名称"通过使用可以产生显著性,从而得以注册为商标(第11条第2款)——以来,相关司法实践中的争议一直不断,尤其是引起广泛争议的"小肥羊"商标案的发生,使得人们开始担忧,允许"共用名称"注册为商标而给经营者带来的激励,不免引发过度投资,从而导致无效率的竞争和不公平的结果。但是,从"共用名称"之本质的经济分析出发,我们可以发现,允许该标识注册为商标实际上是避免出现"公地灾难"的有效率的做法。另外,商标法上相关制度的设置,也不会产生学者们所担心的不公平的结果。

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 …

Nonparametric Tests For Poolability In Panel Data Models With Cross Section Dependence, Sainan Jin, Liangjun Su

Research Collection School Of Economics

In this paper we propose a nonparametric test for poolability in large dimensional semiparametric panel data models with cross-section dependence based on the sieve estimation technique. To construct the test statistic, we only need to estimate the model under the alternative. We establish the asymptotic normal distributions of our test statistic under the null hypothesis of poolability and a sequence of local alternatives, and prove the consistency of our test. We also suggest a bootstrap method as an alternative way to obtain the critical values and justify its validity. A small set of Monte Carlo simulations indicate the test performs …

Estimation Of High-Frequency Volatility: An Autoregressive Conditional Duration Models Approach, Yiu Kuen Tse, Tao Yang

Research Collection School Of Economics

We propose a method to estimate the intraday volatility of a stock by integrating the instantaneous conditional return variance per unit time obtained from the autoregressive conditional duration (ACD) models. We compare the daily volatilities estimated using the ACD models against several versions of the realized volatility (RV) method, including the bipower variation realized volatility with subsampling, the realized kernel estimate and the duration-based realized volatility. The ACD volatility estimates correlate highly with and perform very well against the RV estimates. Our Monte Carlo results show that our method has lower root mean-squared error than the RV methods in most …

Numerical Analysis Of Non-Constant Pure Rate Of Time Preference: A Model Of Climate Policy, Tomoki Fujii, Larry Karp

Research Collection School Of Economics

When current decisions affect welfare in the far-distant future, as with climate change, the use of a declining pure rate of time preference (PRTP) provides potentially important modeling flexibility. The difficulty of analyzing models with non-constant PRTP limits their application. We describe and provide software (available online) to implement an algorithm to numerically obtain a Markov perfect equilibrium for an optimal control problem with non-constant PRTP. We apply this software to a simplified version of the numerical climate change model used in the Stern Review. For our calibration, the policy recommendations are less sensitive to the PRTP than widely believed.

Managing Capital Flows: The Case Of Singapore, Hwee Kwan Chow

Research Collection School Of Economics

The resurgence of private capital inflows into Asia in recent years has raised the question of whether the region is susceptible to yet another financial crisis. While a sudden large-scale reversal of capital flows is not likely to result in a liquidity crunch or balance of payments crisis, the attendant sharp corrections in asset prices will have an adverse impact on the economy particularly through indirect channels. We present, in this study, Singapore’s experience in managing the risks posed by capital flows as well as the retention of control over exchange rates and monetary conditions. It is the overall package …

Enhancing Income Opportunities, Rashiel Verlarde, Tomoki Fujii, Ulrich Lächler

Research Collection School Of Economics

Accelerating growth is essential for poverty reduction. As argued earlier, poverty has failed to decline significantly since the East Asian Crisis due to insufficiently dynamic growth, a high degree of income inequality that reduces the income elasticity of poverty reduction, and an apparent worsening of the income distribution. The first step toward addressing this failure is to accelerate growth, which will not be easy in the short run while the global slowdown continues to run its course. Moreover, even though the global crisis is gradually bottoming out, the post-crisis external environment is likely to be much less favorable than before, …

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 …

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 …

Functional Coefficient Estimation With Both Categorical And Continuous Data, Liangjun Su, Ye Chen, Aman Ullah

Research Collection School Of Economics

We propose a local linear functional coefficient estimator that admits a mix of discrete and continuous data for stationary time series. Under weak conditions our estimator is asymptotically normally distributed. A small set of simulation studies is carried out to illustrate the finite sample performance of our estimator. As an application, we estimate a wage determination function that explicitly allows the return to education to depend on other variables. We find evidence of the complex interacting patterns among the regressors in the wage equation, such as increasing returns to education when experience is very low, high return to education for …

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) …

The New International Arbitration (Amendment) Bill – A Broader Framework For Interim Relief Or Just A Tune-Up?, Mahdev Mohan, Eu-Yen Tay

Research Collection Yong Pung How School Of Law

Singapore aspires to retain its place as a trusted arbitration hub for commercial parties all around the world. The recently proposed amendments to the International Arbitration Act seek to bring Singapore closer to meeting international standards in relation to the arbitration procedure. While the initiative should be applauded, those amendments relating to interim measures fall somewhat short of expectations of a new, broader framework of curial assistance in aid of arbitration. This article explores the uncertainties that could arise from the proposed amendments, either because of phrasing or of an omission to embrace the Model Law. It is hoped that …

Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao

Research Collection Yong Pung How School Of Law

To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …

Agency And Partnership Law [2009], Pearlie Koh, Stephen Bull

Research Collection Yong Pung How School Of Law

The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.

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 …

Notice Of Assignment And Discharge By Performance, Chee Ho Tham

Research Collection Yong Pung How School Of Law

Notice plays an important role in the equitable assignment of legal choses in action, such as a contractual debt. As noted in a recent treatise, once the debtor is given notice of the equitable assignment: (i) should she pay the sum owed to her creditor, she is not discharged from her obligation but will have to make payment again to the assignee [the 'no discharge after notice' rule]; (ii) the assignee’s right against the debtor has priority against subsequent assignments by the assignor, in order of precedence of notice [the rule as to priorities]; and (iii) the debtor is no …

Testing Linearity In Cointegrating Relations With An Application To Purchasing Power Parity, Seong Hyun Hong, Peter C. B. Phillips

Research Collection School Of Economics

This article shows that when applied to nonstationary time series, the conventional Regression Error Specification Test (RESET) leads to severe size distortion and its asymptotic distribution involves a mixture of noncentral chi(2) distributions. Nonstationarity introduces bias terms in the limit distribution, and appropriate corrections for the bias are presented leading to a modified RESET test that has a central chi(2) limit distribution. In simulations, this modified test is shown to have power not only against nonlinear cointegration but also against the absence of cointegration. In an empirical illustration, the linear purchasing power parity (PPP) specification is tested using five Organization …

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.

Oxygen And Carbon Dioxide Transmission Rates In Mineral Oil And Carnuba Wax-Based Fruit Coatings., Eva Grace Quejadas Parcon

Undergraduate Theses

Two types of fruit coatings (mineral oil and carnauba wax-based) were used to determine the effect of temperature and formulation on the O2 and CO2 transmission rates (O2TR and CO2TR). In the study, polyethylene (PE) film was used as the carrier film for the two coatings. The samples were tested under three different temperatures (10oC, 15oC and 25 oC). The O2TR and CO2TR were calculated from Moyls (1992) Exponential Decay method of Gas Transmission Rate of Films. Based on the computed values, O2TR was slowest in carnauba wax-based coating with 233.2mL/m2 hr while CO2TR was slowest in PE film having …

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 …

The Development Of Embedded Dram Statistical Quality Models At Test And Use Conditions, Satoshi Suzuki

Dissertations and Theses

Today, the use of embedded Dynamic Random Access Memory (eDRAM) is increasing in our electronics that require large memories, such as gaming consoles and computer network routers. Unlike external DRAMs, eDRAMs are embedded inside ASICs for faster read and write operations. Until recently, eDRAMs required high manufacturing cost. Present process technology developments enabled the manufacturing of eDRAM at competitive costs. Unlike SRAM, eDRAM exhibits retention time bit fails from defects and capacitor leakage current. This retention time fail causes memory bits to lose stored values before refresh. Also, a small portion of the memory bits are known to fail at …

Genetic Patterns Of Dispersal And Colonization During Initial Invasion And Spread Of An Invasive Grass, Brachypodium Sylvaticum, Alisa Paulsen Ramakrishnan

Dissertations and Theses

Evolution of genotypes during range expansion is driven in part by colonization dynamics. I investigated genetic patterns of colonization and dispersal during initial expansion of an invasive bunchgrass, Brachypodium sylvaticum, into Oregon. Using microsatellite markers, I sampled plants at two different scales: at regular intervals along three parallel roads spanning about 30km, and in populations identified throughout Oregon. I also collected field-generated progeny from a subset of populations and used molecular identification of outcrossing events to estimate selfing rates in both central and peripheral populations. Dispersal patterns were similar at both scales, with non-contiguous dispersal responsible for colonization of new …

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 …

Comparison Of Microshear Bond Strength And Morphological Changes Between Active And Passive Application Of 4th Generation Etch-And-Rinse Etchant On Enamel, Sophia Tuyet-Nhi Trieu

Dissertations and Theses

Over 200 million dental restorations are performed each year in America. A dental restoration require a strong bonding of restoration to tooth structure and relies on the dental adhesive to create this mechanical and chemical bonding. Dental adhesion or bonding is the process of forming an adhesive joint between the composite and tooth substrate: dentin or enamel. Clinical problems such as microleakage at the restoration tooth interface, influx of fluids, or bacteria growth at the cavity wall can be prevented with adhesives that obtain a more intimate bonding. Longevity of the restoration can be enhanced by the adhesive that creates …

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 …