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2010

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Enterprise Systems Network: Securid Solutions, The Authentication To Global Security Systems, Emmanuel U. Opara, Vance Etnyre Jan 2010

Enterprise Systems Network: Securid Solutions, The Authentication To Global Security Systems, Emmanuel U. Opara, Vance Etnyre

Journal of International Technology and Information Management

Enterprise systems need reliable, flexible and secure means for making public and confidential information available to users in a secured and trusted manner. Although enterprise systems have variety of choice to authenticate these users, organizations face significant issues when granting access and providing a manageable structure for valuable access control. Logon functionalities such as user name and password algorithm have been used to grant authentication and authorization into enterprise systems network resources. Since most systems clients prefer the ease of using passwords, and since passwords are easily compromised, the urgency for a stronger authentication process becomes paramount. This study performed …

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Gender Differences In The Determinants Of Sharing Information Via Mobile Phones, Chung-Chu Liu Jan 2010

Gender Differences In The Determinants Of Sharing Information Via Mobile Phones, Chung-Chu Liu

Journal of International Technology and Information Management

The notion of sharing information has become a critical element in competitive advantage for mobile phone companies. The purpose of this particular research is to collate, compare and prioritize gender differences in the determinants of sharing information via mobile phones. The content analysis and the analytic hierarchy process methods were made use of to collect and examine relevant data. According to the findings of this research, the determinants of information sharing via mobile phones may be arranged into four fundamental categories. The categories, in order of significant, are: situational factors (including time pressures, convenience, and price discounts), the unique characteristics …

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Key Success Factors In Knowledge Transfer During M&A In Traditional Industries: An Empirical Study, Jun Huang, Juan Ling, Jiaqin Yang, Quanwu Zhao Jan 2010

Key Success Factors In Knowledge Transfer During M&A In Traditional Industries: An Empirical Study, Jun Huang, Juan Ling, Jiaqin Yang, Quanwu Zhao

Journal of International Technology and Information Management

This paper describes a study on identifying key successful factors in knowledge transfer resulting from business mergers and acquisitions (M&A) in those (so-called) traditional industries (e.g., textile and steel & iron) with the data collected in the steel and iron industry in Southwestern China. Specifically, this research investigates the relationship between prior-gained knowledge of merging companies, preparation and implementation processes, and actual performance after knowledge transfer. The result reveals that such prior-gained knowledge of merging companies will have a significant positive impact on the motivation for proposed M&A, while it, in contrast, may only have a limited impact on other …

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South Consulting - 5th Review Report, Truth, Justice, And Reconciliation Commission Jan 2010

South Consulting - 5th Review Report, Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

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South Consulting - 5th Review Report - Annex Situation Analysis Of Post-Election Violence Areas, Truth, Justice, And Reconciliation Commission Jan 2010

South Consulting - 5th Review Report - Annex Situation Analysis Of Post-Election Violence Areas, Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

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Tjrc Monitoring Report (Icpc), Truth, Justice, And Reconciliation Commission Jan 2010

Tjrc Monitoring Report (Icpc), Truth, Justice, And Reconciliation Commission

VII. Academic and Civil Society Analysis

No abstract provided.

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Terrorism And The Law: Cases And Materials, Gregory E. Maggs Jan 2010

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 …

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Virtual Shareholder Meetings Reconsidered, Lisa M. Fairfax Jan 2010

Virtual Shareholder Meetings Reconsidered, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

In 2000 Delaware enacted a statute enabling corporations to host meetings solely by electronic means of communication rather than in a physical location. Since that time, several states have followed Delaware's lead, and the American Bar Association has proposed changing the Model Business Corporation Act to provide for some form of virtual shareholder meetings. Many states believed that such meetings would prove to be an important device for shareholders who desire to increase their voice within the corporation. Instead, very few companies have taken advantage of the ability to host such meetings. This Article provides some data on state statutes …

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The Digital Broadband Migration And The Federal Trade Commission: Building The Competition And Consumer Protection Agency Of The Future, William E. Kovacic Jan 2010

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 …

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Hiring Law Professors: Breaking The Back Of An American Plutocratic Oligarchy, Daniel I. Gordon Jan 2010

Hiring Law Professors: Breaking The Back Of An American Plutocratic Oligarchy, Daniel I. Gordon

GW Law Faculty Publications & Other Works

Law students and the consumers of legal services like to think that professors are hired by law schools on the basis of pure intellectual ability and achievement. No doubt, individual intellectual ability and achievement play significant roles in law school faculty hiring. However, another important dynamic is overlooked, wealth.

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The Last Days Of The American Lawyer, Thomas D. Morgan Jan 2010

The Last Days Of The American Lawyer, Thomas D. Morgan

GW Law Faculty Publications & Other Works

An historic transformation is underway in the legal profession. It began about 40 years ago, but it has accelerated and became painfully evident by 2009. These are the “last days” of the American lawyer we once new. This paper, based on the new book, The Vanishing American Lawyer (Oxford 2010) by the same author, documents the progress and direction of the transformation.

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What Do The Studies Of Judicial Review Of Agency Actions Mean?, Richard J. Pierce Jr Jan 2010

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 …

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The Past, Present, And Future Of Energy Regulation, Richard J. Pierce Jr Jan 2010

The Past, Present, And Future Of Energy Regulation, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay is a contribution to a symposium at University of Utah. It begins with a summary of the history of energy regulation from 1960 until 2011. It then makes three arguments. First, the essay argues that the US should abandon pursuit of the goal of energy independence and pursue exclusively the goal of global warming mitigation. Second, it argues that the US should replace its present reliance on expensive and ineffective subsidies and mandates to mitigate global warming with a single mechanism to attain that goal – a large carbon tax. Third, the essay recognizes that, while a carbon …

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Fourth Amendment Pragmatism, Daniel J. Solove Jan 2010

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 …

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Prosser's Privacy Law: A Mixed Legacy, Daniel J. Solove, Neil M. Richards Jan 2010

Prosser's Privacy Law: A Mixed Legacy, Daniel J. Solove, Neil M. Richards

GW Law Faculty Publications & Other Works

This Article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort privacy …

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Same-Sex Family Equality And Religious Freedom, Ira C. Lupu, Robert W. Tuttle Jan 2010

Same-Sex Family Equality And Religious Freedom, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In the spring of 2009, the legislatures of Connecticut, Maine, New Hampshire, and Vermont became the first in the U.S. to enact laws recognizing the legality of same-sex civil marriage. The legislation in all four states included provisions designed to protect the freedom of clergy and religious communities that do not want to recognize same-sex marriage. The legislation in several of the states also included provisions designed to insulate religious organizations from obligations that might arise from the legalization of same-sex marriage – for example, with respect to adoption or the provision of housing to married couples. Despite academic and …

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Reforming Financial Regulation To Address The Too-Big-To-Fail Problem, Arthur E. Wilmarth Jr. Jan 2010

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 …

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A Versatile Prism: Assessing Procurement Law Through The Principal-Agent Model, Christopher R. Yukins Jan 2010

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 …

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Cuomo V. Clearing House: The Supreme Court Responds To The Subprime Financial Crisis And Delivers A Major Victory For The Dual Banking System And Consumer Protection, Arthur E. Wilmarth Jr. Jan 2010

Cuomo V. Clearing House: The Supreme Court Responds To The Subprime Financial Crisis And Delivers A Major Victory For The Dual Banking System And Consumer Protection, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

In Cuomo v. Clearing House Ass’n, L.L.C., the United States Supreme Court struck down a regulation issued by the Office of the Comptroller of the Currency (OCC), which barred state officials from filing lawsuits to enforce applicable state laws against national banks. In upholding the New York Attorney General’s authority to seek judicial enforcement of New York’s fair lending laws against national banks, Cuomo revealed a perspective on banking regulation that was significantly different from the Court’s approach only two years earlier in Watters v. Wachovia Bank, N.A. In Watters, the Court upheld another OCC regulation, which preempted the application …

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Narrow Banking: An Overdue Reform That Could Solve The Too-Big-To-Fail Problem And Align U.S. And U.K. Regulation Of Financial Conglomerates, Arthur E. Wilmarth Jr. Jan 2010

Narrow Banking: An Overdue Reform That Could Solve The Too-Big-To-Fail Problem And Align U.S. And U.K. Regulation Of Financial Conglomerates, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This article is based on testimony presented on December 7, 2011, before the Subcommittee on Financial Institutions and Consumer Protection of the Senate Committee on Banking, Housing, and Urban Affairs. The article provides an update and extension of my previous work showing that: (1) the U.S., U.K. and other developed nations provided enormous subsidies for “too-big-to-fail” (“TBTF”) financial institutions during the financial crisis, thereby creating dangerous distortions in our financial markets and economies; (2) large financial conglomerates follow a hazardous business model that is riddled with conflicts of interest and prone to speculative risk-taking; (3) the Dodd-Frank Wall Street Reform …

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Medicare Meets Mephistopheles: Health Care, Government Spending, And Economic Prosperity, Neil H. Buchanan Jan 2010

Medicare Meets Mephistopheles: Health Care, Government Spending, And Economic Prosperity, Neil H. Buchanan

GW Law Faculty Publications & Other Works

This essay is an edited version of my remarks during the first panel of the Mississippi College Law Review’s symposium on health care reform, which was held on February 26, 2010, in Jackson, Mississippi. The essay integrates my prepared comments with my responses to comments and questions during the discussion period. I have also added some further thoughts on several of the issues that are relevant to the subject matter, especially in light of the subsequent passage of a major federal health reform bill. These remarks are necessarily brief, and they therefore can include only a hint of the issues …

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Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan Jan 2010

Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan

GW Law Faculty Publications & Other Works

This paper assesses current methods for evaluating the long-term viability and desirability of government activities, especially Social Security and other big-ticket budget items. I reach four conclusions: (1) There are several simple ways to improve the current debate about fiscal policy by adjusting our crude deficit measures, improvements which ought not to be controversial; (2) separately measuring Social Security's long-term balance is inappropriate and misleading; (3) the methods available to measure very long-term government financing (Fiscal Gaps and their cousins, Generational Accounts) are of very limited value in setting public policy today, principally because there is no reliable baseline of …

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The Effects Of The Fiscal Deficit On The Composition Of Us Gdp: An Analysis Of Disaggregated Data, Neil H. Buchanan Jan 2010

The Effects Of The Fiscal Deficit On The Composition Of Us Gdp: An Analysis Of Disaggregated Data, Neil H. Buchanan

GW Law Faculty Publications & Other Works

The impact of the federal budget deficit on the economy is a source of continuing concern, both among macroeconomists and – even more urgently – among political decision makers. The old Keynesian consensus that budget deficits were generally good for the economy, in the sense of making it more prosperous (or, at least, in bringing it out of recessions), has been pushed aside by the fear that the apparently-large deficits that began in the 1980s in the United State have damaged the economy and are impoverishing future generations of Americans. The continuing debate over whether fiscal deficits make us better …

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Balancing Rights And Responsibilities: Human Rights Jurisprudence On Regulating The Content Of Speech, Dinah L. Shelton Jan 2010

Balancing Rights And Responsibilities: Human Rights Jurisprudence On Regulating The Content Of Speech, Dinah L. Shelton

GW Law Faculty Publications & Other Works

The right to freedom of expression is one of the essential attributes of a democratic society, linked to transparency in government, public participation in decision-making, and each person’s individual self-determination. This paper analyzes the key provisions of human rights instruments that concern the right to freedom of expression. The paper also evaluates the scope of freedom of expression rights by considering U.N. studies and reports and the jurisprudence of human rights bodies. The paper concludes that the law cannot fully resolve the tensions between the free exercise of expression and the protection of other’s rights, but the legal guarantees and …

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International Decision: Tatar C. Roumanie, App. No. 67021/01...European Court Of Human Rights, Jan. 27, 2009, Dinah L. Shelton Jan 2010

International Decision: Tatar C. Roumanie, App. No. 67021/01...European Court Of Human Rights, Jan. 27, 2009, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This case note examines Tatar c. Roumanie, App. No. 6702 1/01, at http://www.echr.coe.int., European Court of Human Rights, January 27, 2009. In Tatar c. Roumanie, the applicants claimed that the Romanian authorities’ failure to halt the practice of using sodium cyanide constituted a breach of Article 2 of the European Convention on Human Rights and Fundamental Freedoms. On these facts, the European Court reiterated earlier holdings that pollution can interfere with a person's private and family life by harming his or her well-being. Accordingly, the Court held that the operating conditions laid down by the Romanian authorities had been inadequate …

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Eleventh Annual Grotius Lecture Response: Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah L. Shelton Jan 2010

Eleventh Annual Grotius Lecture Response: Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This commentary discusses the impact of the 2009 Grotius Lecture delivered by Achim Steiner, Executive Director of the United Nations Environmental Program (“UNEP”). The commentary elaborates on a fundamental lesson of the lecture: law can be a conduit for transformative economic change. The commentary emphasizes the need for international entities such as UNEP to address global environmental crises that result from pollution largely generated by industrial countries. The commentary encourages leaders to consider these environmental challenges as possible threats to human rights.

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Equitable Utilization Of The Atmosphere: A Rights-Based Approach To Climate Change, Dinah L. Shelton Jan 2010

Equitable Utilization Of The Atmosphere: A Rights-Based Approach To Climate Change, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This paper advocates for a rights-based approach to climate change. I argue that the government of a state may, and arguably, has the duty to assert and defend the rights of its inhabitants, rather than remaining passive and ultimately defending itself for alleged rights-violating acts and omissions. The premise underlying this approach is that governments exist for the purpose of protecting the sovereign rights of the state and the human rights of their inhabitants, past and future. First, the paper examines the rights of permanent sovereignty over natural rights. Second, it considers interstate cases on trans-frontier pollution, including the landmark …

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Intergenerational Equity, Dinah L. Shelton Jan 2010

Intergenerational Equity, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This essay analyzes the legal meaning of “intergenerational equity” and evaluates the practical implementation of the concept. The essay begins by considering the meaning of the two terms in the phrase: “intergenerational” and “equity.” It then looks at the various rationales given for concern with this topic and how they link to the topic of solidarity, followed by an overview of some of the main subject areas in which the issue of intergenerational equity arises. It proceeds to assess the status of intergenerational equity in international law and to identify various principles associated with the concept. Finally, it turns to …

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Comparative Originalism, David Fontana Jan 2010

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 …

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Gender, Masculinities And Transition In Conflicted Societies, Naomi R. Cahn, Fionnuala D. Ni Aolain Jan 2010

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 …

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