Digital Commons Network^™

A Case Study Of Relative Satisfaction With Justice In State Courts: Perceptions Of Access And Fairness Among Hispanics/Latinos And Whites, Christopher George Bleuenstein

Walden Dissertations and Doctoral Studies

Previous studies have neglected to focus on the generalized affective satisfaction (diffuse support) to state level courts among Hispanics/Latinos. A western US county was selected for this case study to test a racial and ethnic theory of procedural justice in a region with a large Hispanic/Latino population. Differential experience theory was used as a theoretical foundation and posits that people determine their level of satisfaction with the courts based on their own actual experience with the courts. The main research question was whether Hispanics/Latinos have a different level of satisfaction with their access to, and fairness in, the court when …

Max Weber On Property: An Effort In Interpretative Understanding, Laura R. Ford

Socio-Legal Review

In this article, Laura Ford explores Max Weber's writings on the subject of property. Weber, in his first dissertation, articulated legally and historically, the conception of property as a phenomenon that was dependent on organised social relationships and somewhat closed to outside participation. Later, he formulated this conception sociologically and systematically connected it to additional concepts. Ford engages with Weber's work in three broad phases (the legal phase of his first dissertation, the economic-historical phase and finally the sociological phase) in order to examine if any sociological issues emerge from the same.

Imperative Values Of A Logical Forgiveness, Abhayraj Naik

Socio-Legal Review

This article deals with the nuances of the concept of 'forgiveness' and its role in shaping law and societal institutions. In the background of Aurel Kolnai's notions on the act of forgiveness, the author analyses the different conceptualizations of forgiveness. The logical paradox of forgiveness as formulated by Kolnai is considered. The article argues that the notion of 'divine forgiveness' is not vulnerable to this paradox. Hence there is a need for interpersonal forgiveness to adopt some of the premises on which divine forgiveness is based on. The critical interrelations between the concepts of forgiveness, patience and trust and their …

Full Issue, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Survey Of Author Name Disambiguation: 2004 To 2010, Sarah Elliott

Library Philosophy and Practice (e-journal)

Author name disambiguation methods continue to evolve and grow more sophisticated. This paper surveys a variety of manual and automatic approaches that have developed between 2004 and the beginning of 2010.

Fund Raising For Academic Libraries: What Works, What Doesn’T?, Michael Lorenzen

Library Philosophy and Practice (e-journal)

Most large academic libraries employ one or more professional fund raisers know as academic library development officers to seek external funds. This qualitative study presents what academic library development officers perceive as being successful methods of fund raising. It also presents what these individuals believe does not work.

Embedding Semantic Markup In Web Pages, Virginia Shilling

Library Philosophy and Practice (e-journal)

The World Wide Web first revolutionized the presentation of text and data for people. The next wave of technology, the semantic web, will make data accessible to computers as well as people. Underpinning the semantic web is the Resource Description Framework (RDF). One way to make RDF-compatible data available on the web is to embed it in the X/HTML document. A small project investigates the available syntax for encoding RDF in web pages, the available descriptive vocabularies, and discusses the results of manually encoding web pages using RDFa and Dublin Core

Differential Gene Expression Profile Of Retinoblastoma Compared To Normal Retina., Arupa Ganguly, Carol L Shields

Wills Eye Hospital Papers

PURPOSE: The retinoblastoma gene (RB1) is a tumor suppressor gene that was first discovered in a rare ocular pediatric tumor called retinoblastoma (RB). The RB1 gene is essential for normal progression through the cell cycle and exerts part of its function through the family of transcription factors (E2F) and many other intermediaries. In the absence of normal RB1, genomic instability and chromosomal aberrations accumulate, leading to tumor initiation, progression, and ultimately metastasis. The purpose of this report was to identify the molecular pathways that are deregulated in retinoblastoma.

METHODS: We compared gene expression signatures of matched normal retinal tissue and …

On The Philosophy, History/ Archaeology And Management Of Quality In Education, Hamlet İsaxanlı

Khazar Journal of Humanities and Social Sciences

No abstract provided.

Impacts Of It Resources On Business Performance Within The Context Of Mergers And Acquisitions, Viet T. Dao

Journal of International Technology and Information Management

No abstract provided.

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 …

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 …

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 …

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

VII. Academic and Civil Society Analysis

No abstract provided.

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.

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

VII. Academic and Civil Society Analysis

No abstract provided.

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 …

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 …

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 …

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.

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.

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …