Digital Commons Network^™

New Criminal Law Review Symposium On Privilege Or Punish: Criminal Justice And The Challenge Of Family Ties, Naomi R. Cahn, Douglas A. Berman, Gabriel J. Chin, Jennifer M. Collins, Ethan J. Leib, Dan Markel

GW Law Faculty Publications & Other Works

This symposium includes three review essays by Professors Doug Berman, Naomi Cahn, and Jack Chin. The review essays are focused on a recent book by Professors Dan Markel, Jennifer M. Collins and Ethan J. Leib entitled 'Privilege or Punish: Criminal Justice and the Challenge of Family Ties' (Oxford 2009). You can download the entire book for free at http://ssrn.com/abstract=1677503. In addition to the three review essays, the collection includes an essay by the book's authors that serves as a reply to this set of critiques. Collectively, we are grateful to the New Criminal Law Review, which is hosting this collection …

The Eleventh Amendment And The Nature Of The Union, Bradford R. Clark

GW Law Faculty Publications & Other Works

Leading theories of the Eleventh Amendment start from the premise that its text makes no sense. These theories regard the Amendment as either under-inclusive, over-inclusive, or an incoherent compromise because it prohibits federal courts from hearing "any suit" against a state by out-of-state citizens, but does not prohibit suits against a state by its own citizens. Two of these theories would either expand or contract the immunity conferred by the text of the Amendment in order to avoid this absurd or anomalous result. This Article suggests that the Eleventh Amendment made sense as written when understood in its full historical …

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 …

Outsourcing Criminal Prosecution?: The Limits Of Criminal Justice Privatization, Roger A. Fairfax Jr.

GW Law Faculty Publications & Other Works

In an era of scarce public resources, many jurisdictions are being forced to take drastic measures to address severe budgetary constraints on the administration of criminal justice. As prosecutors’ offices around the nation are being scaled back and enforcement priorities are being narrowed, one conceivable response is the outsourcing of the criminal prosecution function to private lawyers. Indeed, prosecution outsourcing currently is utilized in surprising measure by jurisdictions in the United States. This Article, prepared for the University of Chicago Legal Forum Symposium on Crime, Criminal Law, and the Recession, argues that the outsourcing trend in criminal justice – seen …

The Permanent And Presidential Transition Models Of Political Party Policy Leadership, David Fontana

GW Law Faculty Publications & Other Works

This Article examines the uniqueness of the transition between presidential transitions in the United States. The phenomenon of the transition between elected governments – a time where one political leader or party has already been elected but has not yet taken official power – is not unknown to the rest of the world. What makes the American system unique, then, is not the existence of the transition period, but its significance. In the major constitutional regimes elsewhere, political parties more clearly identify their policy leaders even when not in power, and thus have a much smaller number of personnel decisions …

Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable.

BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …

Does Intra-Amniotic Inflammation Influence Pregnancy Outcome After Cerclage Orprogesterone (17ohp-C) Therapy For Midtrimester Short Cervix?, Orion Rust Md, Daniel Kiefer Md, Sean M. Keeler Md, Morgan R. Peltier Phd, Jolene C. Muscat Md, Nazeeh Hanna Md, Anthony M. Vintzileos Md, Cande V. Ananth Phd, Mph

Department of Obstetrics & Gynecology

No abstract provided.

Rare Diagnosis Of Vaginal Atresia In A Patient With Vater Syndrome And Primary Amenorrhea, Doreen Kyere Md, Mph, Rochelle Steiner-Friel Md, Sarah Stevens Md, Mph

Department of Obstetrics & Gynecology

No abstract provided.

The Role Of Probation And Parole Officers In The Collaborative Response To Sex Offenders, Brian K. Payne, Matthew Demichele

Sociology & Criminal Justice Faculty Publications

The article presents the curriculum for training community corrections professionals on how to deal with low-level/low-risk sex offenders, with emphasis on the role of various agencies in the collaborative response system. The role of probation and parole officers as the sex offender's external conscience is explained as well as the duties of law enforcement officers in responding to sex offenses. Jail staff may become involved by being court staff, prison staff and treatment staff.

The Impact Of Stakeholder Collaboration On Effectiveness Of Health Program Implementation In Ghana, Samuel Kwami Agbanu

Walden Dissertations and Doctoral Studies

Healthcare providers increasingly recognize the importance of collaboration among stakeholders in cost-effective healthcare delivery. While collaborative relationships offer great advantages, little research has addressed their relevance in an international development aid context, particularly in sub-Saharan Africa. The region is a major recipient of international development support, yet health indicators on HIV/AIDS, malaria, tuberculosis, and child and maternal mortality indicate the health of the region is among the weakest worldwide. This sequential mixed method, descriptive study of a USAID-funded community health program in Ghana examined the nature of collaboration among six stakeholders and impact of this collaboration on effectiveness of program …

Social Capital Variables As Predictors Of Hiv Risk-Taking Behaviors Among Sub-Saharan African Immigrants In The United States, Gbadebo Ogundiran Ogungbade

Walden Dissertations and Doctoral Studies

Vulnerable populations, including immigrants, are often at risk for human immunodeficiency virus (HIV) infection because of their risk-taking behaviors. This study investigated risk-taking behavior for HIV infection among Sub-Saharan African (SSA) immigrants in United States. Using social capital as a theoretical foundation, the study aimed to address the question, is there any association between social capital assets of educational opportunity, employment, and eligibility for social assistance and HIV risk-taking behavior, defined as condom use before sex (CUBS) among SSA immigrant in the U.S? Potential participants were recruited through religious and social organizations in a southwestern US state. The survey generated …

The Kirchner Administration’S Soybean Export Tax Policy In Argentina As An Analytical Tool For Determining Political And Economic Shifts In Latin America Since The Neoliberal Era, Patrick Joseph Woodyard

Honors Theses

PATRICK JOSEPH WOODYARD: The Kirchner Administration’s Soybean Export Tax Policy in Argentina as an Analytical Tool for Determining Political and Economic Shifts in Latin America since the Neoliberal Era (Under the direction ofDr. Jeffrey Jackson)

This study contributes to current scholarship on the political responses to neoliberalism and the current state ofthe political economy ofLatin America. By exploring the complexities involved in politically aligning leaders in the region, this study suggests a need for scholarship that focuses on the policies leaders employ rather than the broad characteristics ofpoliticians. By concentrating on the soybean export tax policy in Argentina, this study …

Climate Change Adaptation: A Collective Action Perspective On Federalism Considerations, Robert L. Glicksman, Richard E. Levy

GW Law Faculty Publications & Other Works

The buildup of greenhouse gases in the atmosphere and the likely growth in future emissions due to increased energy consumption in developing nations have convinced many scientists and policymakers of the need to develop policies that will allow adaptation to minimize the adverse effects of climate change. Climate change adaptation is designed to increase the resilience of natural and human ecosystems to the threats posed by a changing environment. Although an extensive literature concerning the federalism implications of climate change mitigation policy has developed, less has been written about the federalism issues arising from climate change adaptation policy. This article …

Anatomy Of Industry Resistance To Climate Change: A Familiar Litany, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The industries that generate environmental risks in the United States have long been hostile to regulatory programs that increase their costs of operation and reduce their profits. While industry may have been unprepared for, and thus poorly organized to resist, the first wave of federal environmental legislation enacted during the “environmental decade” of the 1970s, it quickly marshaled its forces. Regulated or potentially regulated entities, their trade associations, and their lobbyists began a concerted effort to defeat, delay, and weaken environmental regulation.

This book chapter describes the process by which regulatory opponents successfully relied on free market ideology to couch …

Leading In The Legacy Of Vincent De Paul: Reflections On Vincentian Leadership Today, The Hay Project

Hay Leadership Project Books

Vincent on Leadership: The Hay Project awakens and advances the vision, values and leadership practices of St. Vincent de Paul in people and organizations worldwide. Providing research, leadership development and collaboration in the manner of St. Vincent, the Project ensures the continuation of the legacy of St. Vincent de Paul’s organizational genius and leadership skills in the service of others.

Vincent On Leadership: The Hay Project Annual Report 2009-2010, Vincent On Leadership: The Hay Project

Hay Project Annual Reports

No abstract provided.

Food Consumption Trends And Drivers, John Kearney

Articles

A picture of food consumption (availability) trends and projections to 2050, both globally and for different regions of the world along with the drivers largely responsible for these observed consumption trends are the subject of this review. Throughout the world, major shifts in dietary patterns are occurring, even in the consumption of basic staples towards more diversified diets. Accompanying these changes in food consumption at a global and regional level have been considerable health consequences. Populations in those countries undergoing rapid transition are experiencing nutritional transition. The diverse nature of this transition may be the result of differences in socio …

Genetic Connections Between Neurological Disorders And Cholesterol Metabolism, Ingemar Bjorkhem, Valerio Leoni, Steve Meaney

Articles

Cholesterol is an essential component of both the peripheral and central nervous systems of mammals. Over the last decade, evidence has accumulated that disturbances in cholesterol metabolism are associated with the development of various neurological conditions. In addition to genetically defined defects in cholesterol synthesis, which will be covered in another review in this Thematic Series, defects in cholesterol metabolism (cerebrotendinous xanthomatosis) and intracellular transport (Niemann Pick Syndrome) lead to neurological disease. A subform of hereditary spastic paresis (type SPG5) and Huntington's disease are neurological diseases with mutations in genes that are of importance for cholesterol metabolism. Neurodegeneration is generally …

Sources Of Saturated Fat And Sucrose In The Diets Of Swedish Children And Adolescents In The European Youth Heart Study: Strategies For Improving Intakes, Emma Patterson, Julia Wärnberg, John Kearney, Michael Sjostrom

Articles

To compare macronutrient intakes of Swedish children and adolescents to population goals; to identify the major sources of energy, fat, saturated fat and sucrose; and to simulate the effect adherence to current food-based dietary guidelines (FBDG) would have on saturated fat and sucrose intakes. Cross-sectional study. From 24 h recall data, food groups contributing most to energy, fat, saturated fat and sucrose were identified. Based on the prevailing consumption of foods mentioned in the FBDG, we simulated five scenarios: changes in milk and yoghurt; cheese; energy-dense, nutrient-dilute foods; soft drinks; and burger and sausage consumption. Stockholm and Örebro (Sweden) in …

Faculty Masthead, Mjlst Editorial Board

Minnesota Journal of Law, Science & Technology

No abstract provided.

Blaming The Brain, Steven K. Erickson

Minnesota Journal of Law, Science & Technology

No abstract provided.

Imaging Genetics For Our Neurogenetic Future, Daniel Z. Buchman, Judy Illes

Minnesota Journal of Law, Science & Technology

No abstract provided.

Advancing Research On Stored Biological Materials: Reconciling Law, Ethics, And Practice, Leslie E. Wolf

Minnesota Journal of Law, Science & Technology

No abstract provided.

Health Care Reform And The Logic Of Emergence, M. Gregg Bloche, Sujata M. Jhaveri

Minnesota Journal of Law, Science & Technology

No abstract provided.

Open Source Drug Development: A Path To More Accessible Drugs And Diagnostics?, Emily Marden

Minnesota Journal of Law, Science & Technology

No abstract provided.

Integrating Social And Ethical Concerns Into Regulatory Decision-Making For Emerging Technologies, Gary Marchant, Ann Meyer, Megan Scanlon

Minnesota Journal of Law, Science & Technology

No abstract provided.

Introduction — Rising Stars: Recognizing Important New Voices In Law, Medicine, Science & Technology, Michele B. Goodwin

Minnesota Journal of Law, Science & Technology

No abstract provided.

Corporate Cyborgs And Technology Risks, Andrea M. Matwyshyn

Minnesota Journal of Law, Science & Technology

No abstract provided.

Global Legal Triage In Response To The 2009 H1n1 Outbreak, James G. Hodge, Jr.

Minnesota Journal of Law, Science & Technology

No abstract provided.