Digital Commons Network^™

Copyright And The World's Most Popular Song, Robert Brauneis

GW Law Faculty Publications & Other Works

"Happy Birthday to You" is the best-known and most frequently sung song in the world. Many - including Justice Breyer in his dissent in Eldred v. Ashcroft - have portrayed it as an unoriginal work that is hardly worthy of copyright protection, but nonetheless remains under copyright. Yet close historical scrutiny reveals both of those assumptions to be false. The song that became "Happy Birthday to You," originally written with different lyrics as "Good Morning to All," was the product of intense creative labor, undertaken with copyright protection in mind. However, it is almost certainly no longer under copyright, due …

Healing Healthcare Through Tax Reform, Eleanor Marie Brown

GW Law Faculty Publications & Other Works

An economic crisis, sky-rocketing healthcare costs, and millions of Americans without health insurance combine to bring to the public square not only the possibility of a meaningful debate but the political perfect storm that might unearth entrenched partisans and bring about meaningful healthcare reform. The current taxation of expenditures for healthcare is a complex, unjust, uneconomical, and inefficient system. This article seeks to refute revisionist historians who might argue that healthcare in the workplace had no meaningful presence until World War II and to highlight the reasons for the development of employer-provided healthcare; to explain the fundamental inequities wrought by …

Gender, Masculinities And Transition In Conflicted Societies, Naomi R. Cahn, Fionnuala D. Ni Aolain

GW Law Faculty Publications & Other Works

This article uses a gender lens to explore how conflict affects men and women differently. It examines issues related to the emergence of certain kinds of “hyper” masculinity in situations of conflict and how such masculinities continue to function in subsequent peace-building attempts. The article argues that a failure to account for and be cognizant of these specific masculinities has a significant effect for women in particular, and, more generally, on the success of the conflict transition process. Finally, we show how using a gender lens could make a difference by considering the specific example of the impact of violent …

Embryo Fundamentalism, Naomi R. Cahn, June Caborne

GW Law Faculty Publications & Other Works

The battle for the future of assisted reproduction technologies (ART) has been joined. The tacit compromise underlying assisted reproduction - no laws are passed that even tangentially sanction embryo destruction and no laws are passed that intrude on the profitability of fertility treatments - may be coming to an end. As use of ART has increased, so have calls for supervision and oversight. In the wake of "Octomom" Nadya Suleman's use of in vitro fertilization (IVF) to give birth to octuplets, the calls to regulate assisted reproduction have become even more pressing. At the same time, religious communities ambivalent about …

Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain

GW Law Faculty Publications & Other Works

This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …

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.

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 …

The Hematopoietic Compartment Regulates Osteoblast Differentiation And Apoptosis During Cytokine Treatment, Matthew Christopher

All Theses and Dissertations (ETDs)

Adult hematopoiesis normally occurs in bone marrow, where hematopoietic stem cells: HSC) reside within a specialized microenvironment. At steady state, hematopoiesis state is regulated such that immature hematopoietic stem and progenitor cells: HSPC) are restricted to the bone marrow and are rarely observed in peripheral blood. Under certain circumstances, however, this regulation is loosened and significant numbers of HSPC are released to the circulation, a process termed "mobilization." Mobilization can be induced pharmacologically by a wide range of agents. Of these, the best characterized and most widely used mobilizing agent is Granulocyte-colony stimulating factor: G-CSF). G-CSF is widely used clinically …

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 …

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 …

Importance Of Reader's Advisory Interview In Graphic Novel Promotion, Lori Petersen

Graduate Research Papers

Web sites, magazine articles, books, and even summer library programs are promoting graphic novels as an almost magic cure for those children who struggle with the written word or who may be simply lack interest in reading. Much of the appeal of the graphic novel for teachers and librarians is based on the pictures, and it is easy to assume this makes reading easier.

This research sought to explore the graphic novel reading experiences for young readers to ascertain (1) the nature of their understanding of the graphic novel; (2) their tendency to draw inference and interpretation from text and …

Notes On Contributors

Short Story

No abstract provided.

Mfa10 (Mfa 2010), Sam Fox School Of Design & Visual Arts, Mildred Lane Kemper Art Museum, Buzz Spector, Robert Gero, Patricia J. Olynyk, Clyde Ashby, Aaron Bos-Wahl, Andrew Cozzens, John Early, Ryan James Fabel, Joel Fullerton, Mary Beth Hassan, Wenting Hsu, John Nicholas Hutchings, Dani Kantrowitz, Larry Keaty, Mamie Korpela, Paola Laterza, Mad Mohre, Emily Moorhead, Jonathan Muehlke, Jessa Richardson, Nicolette Ross, Carlie Trosclair

Books and Monographs

Catalogue of a culminating student exhibition held at the Mildred Lane Kemper Art Museum in 2010. Content includes Foreword / Buzz Spector -- Thinking as making / Robert Gero -- A new set of conversations / Patricia Olynyk -- MFA 2010 graduates. Clyde Ashby / Aaron Bos-Wahl / Andrew Cozzens / John Early / Ryan James Fabel / Joel Fullerton / Mary Beth Hassan / Wenting Hsu / John Nicholas Hutchings/ Dani Kantrowitz / Larry Keaty / Mamie Korpela / Paola Laterza / Mad Mohre / Emily Moorhead / Jonathan Muehlke / Jessa Richardson / Nicolette Ross / Carlie Trosclair …

The Eminence Of Imminence And The Myopia Of Markets, Teneille R. Brown

Utah Law Faculty Scholarship

This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here I am interested in a particular type of public health threat – the negative consequences that stem from climate change. In this article I view the climate change discussion through the lens of distributive justice. I analyze the ethical as well as legal arguments for encouraging …

Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Teneille R. Brown, Emily R.D. Murphy

Utah Law Faculty Scholarship

As with phrenology and the polygraph, we are again confronted with a device that the media claims to be capable of reading our minds. This new device is functional magnetic resonance imaging ("fMRI"), and it is currently being introduced to negate a criminal defendant's mens rea, such as the specific intent to kill. In this paper we will demonstrate that functional brain images should not currently be admitted into courts for this purpose. We will do so by walking through each step of the imaging methodology in plain terms, making it clear why the brain images are minimally probative when …

Protecting Crime Victims In Federal Appellate Courts: The Need To Broadly Construe The Crime Victims' Rights Act's Mandamus Provisions, Paul Cassell

Utah Law Faculty Scholarship

In 2004, Congress passed the Crime Victims’ Rights Act to dramatically reshape the federal criminal justice system and ensure that crime victims are treated fairly in the criminal process. An important feature of the CVRA is its provisions allowing victims to enforce their rights not only in trial courts, but also in appellate courts. Among the enforcement provisions is one guaranteeing a crime victim expedited access to appellate review. The CVRA provides that if the district court denies any relief sought by a crime victim, the victim “may petition the court of appeals for a writ of mandamus. . . …

Diversity Backlash: Examining The Caucasian Response In Homogenous And Heterogeneous Groups, Michael Dooney

Seton Hall University Dissertations and Theses (ETDs)

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Investigation Of The Protein-Protein Interaction Between Pcbp1 And Y -Synuclein, Amanda Hunkele

Seton Hall University Dissertations and Theses (ETDs)

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Policy Responses To The Closure Of Manufactured Home Parks In Oregon, Andrée Tremoulet

Dissertations and Theses

This is a case study about policy responses to a specific form of gentrification at the urban fringe: the closure of manufactured home parks in Oregon.

The study analyzes the following research questions: (a) What factors affected the quantity and distribution of manufactured home parks? (b) Why did parks close? (c) How did the state legislature respond and why? (d) What are the likely impacts of the state response? A wide variety of sources (e.g., key informant interviews, observations of meetings and public hearings, focus groups of park residents, archival materials and secondary data about manufactured home parks) are employed …

Visions And Voices: An Arts-Based Qualitative Study Using Photovoice To Understand The Needs And Aspirations Of Diverse Women Working In The Sex Industry, Moshoula Capous Desyllas

Dissertations and Theses

The ways in which sex workers have been studied and represented historically, socio-politically and academically do not take into account their voices, subjective experiences and participation in the process. Women working in the sex industry are seldom heard and their needs are consistently defined and represented by others. This contributes to the stereotyping and stigmatization of sex workers, while academic research is consistently being done on sex workers instead of with them. This study uses the arts-based research method of photovoice with individuals working in the sex industry in Portland, Oregon to understand their needs and aspirations through their own …

An Environment-Based Education Approach To Professional Development: A Mixed Methods Analysis Of The Creeks And Kids Watershed Workshop And Its Impact On K-12 Teachers, Tiffany Bridgette Austin

Dissertations and Theses

This research is an in-depth study of an environment-based education (EBE) professional development program titled "Creeks and Kids" that models how to employ thematic instruction about watersheds using the environment of a school and its community as a context to integrate teaching and learning about water across core subject areas. This case study investigates the EBE characteristics of the Creeks and Kids Workshop and explores how they adhere to the National Research Council's Standards for Professional Development for Teachers of Science. A mixed-methods analysis gathered qualitative data about the overall experience of teacher-participants during the Creeks and Kids Workshop and …

From The Classroom To The Courtroom: Intelligent Design And The Constitution, Jay D. Wexler

Faculty Scholarship

Although the Supreme Court of the United States has never developed a single clear test for determining what kinds of state action violate the Establishment Clause of the First Amendment, schools that attempt to teach or introduce intelligent design as a purportedly scientific alternative to evolution likely fall afoul of the First Amendment's commands. Under the Court's most relevant precedent, Edwards v. Aguillard, teaching intelligent design violates the Establishment Clause because, among other things, there is an enormous disconnect between the purpose of teaching intelligent design and its effect. Moreover, public school teachers do not possess any First Amendment right …

Pregnant Man: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth Emens, Berta E. Hernandez-Truyol,, Vivian M. Gutierrez, Lisa C. Ikemoto, Angela Onwuachi-Willig, Jacob Willig-Onwuachi, Kimberly Mutcherson, Peter Siegelman, Beth Jones

Faculty Scholarship

I'm a law professor who works on gender, sexuality, and culture in the international and comparative context. That's my head working. In "real" life, my partner, Howard, and I have been engaged in having a baby together for several years, a project that came to fruition with the birth of our daughter Melina. Of course, such a project evokes intensely complex feelings and thoughts. Beyond a simple transposition of the personal onto the political, I feel so fortunate to have engaged in myriad conversations with a variety of friends and colleagues who think much more carefully about the family and …

The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan

All Faculty Publications

Growing public expectations that the Olympic Movement and Olympic Host City Organizing Committees be socially, environmentally and economically responsible has made a commitment to integrate sustainability principles and practices a common theme in the bids of cities competing to host the Games. To understand the growing role of sustainability as an Olympic theme, the authors trace the evolution of the sustainability aspirations of the Olympic Movement by looking at the key Olympic Games and bids in this process. The authors determine that unlocking the potential of the Olympic Games to use sport to attract new audiences to sustainable living cannot …

In Defense Of Appearances: What Caperton V. Massey Should Have Said, Jed Handelsman Shugerman

Faculty Scholarship

In June of 2009, the U.S. Supreme Court ruled for the first time that an elected judge must recuse himself from a case that involves a major campaign contributor. In Caperton v. A. T. Massey Coal Co., a coal company had been hit with a $50 million jury verdict. While appealing this verdict, the company's CEO, Don Blankenship, spent $3 million to help a challenger, Brent Benjamin, who had no judicial experience, defeat the incumbent, West Virginia Supreme Court Justice Warren McGraw. Blankenship funded political attack ads by a political organization (And for the Sake of the Kids) that …

Using Knowledge Of Student Cognition To Differentiate Instruction, Silvana M.R. Watson, Robert A. Gable

Human Movement Studies & Special Education Faculty Publications

By all accounts, learning is a complex task that requires a student to use and apply a range of cognitive skills. A student's ability to retain information while performing concurrent processing, often referred to as working memory (WM), is critical to the acquisition of increasingly more complex knowledge and skills. Not surprisingly, WM is often linked to successful learning and student academic achievement. According to the academic literature, WM is a very useful measure of a student's capability to acquire new information². Most students are able to successfully respond to classroom instruction that requires them to rely on their WM …

Review: Electric Salome, Loie Fuller's Performance Of Modernism, Tim Scholl

Faculty & Staff Scholarship

No abstract provided.

Automatic Multi-Resolution Spatio-Frequency Mottle Metric (Sfmm) For Evaluation Of Macrouniformity, Siddharth Khullar

Theses

Evaluation of mottle is an area of on-going research in print quality assessment. We propose an unsupervised evaluation technique and a metric that measures mottle in a hard-copy laser print. The proposed algorithm uses a scanned image to quantify the low frequency variation or mottle in what is supposed to be a uniform field. `Banding' and `Streaking' effects are explicitly ignored and the proposed algorithm scales the test targets from "Flat print" (Good) to "Noisy print" (Bad) based on mottle only. The evaluation procedure is modeled as feature computation in different combinations of spatial, frequency and wavelet domains. The model …

Maximizing Societal Benefits Associated With Alternative Fuel Subsidies: The Case Of Plug-In Hybrid Electric Vehicles, Samir Nazir

Theses

Government seeks to improve the welfare of its citizenry and intervenes in marketplaces to maximize benefits when externalities are not captured. By analyzing how welfare changes from area to area across the country in response to the same intervention informs where government should act. This thesis analyzes the case of plug-in hybrid electric vehicles (PHEVs). PHEVs have many societal benefits, including improving national security, economic, environmental, and health advantages. The magnitude and distribution of these benefits depends on where PHEVs are deployed. This thesis develops and applies a methodology to determine if the benefits from PHEV deployment vary across the …