Digital Commons Network^™

What Makes A Great Legal Negotiator?, Charles B. Craver

GW Law Faculty Publications & Other Works

What factors are associated with successful legal negotiators? I have found no significant correlation between student GPAs and negotiating results achieved on course exercises. I have found no differences in the results achieved by race or gender. Negotiator styles influence bargaining success, with many skilled negotiators employing the hybrid Competitive/Problem-Solving approach where they explore the underlying interests of the parties and seek to expand the overall pie to be divided, but use subtle manipulation to claim a greater share of the joint surplus for themselves. Proficient negotiators are thoroughly prepared, they have realistic, but elevated aspirations,and they begin with elevated, …

Negotiation Ethics For Real World Interactions, Charles B. Craver

GW Law Faculty Publications & Other Works

Attorneys negotiate constantly. Many persons who teach negotiation courses feel uncomfortable with the deception often associated with bargaining. Negotiators demand more or offer less than they are willing to accept, and over- and under-state the value of different items for strategic purposes. Such "puffing" and "embellishment" are part of most business and legal interactions, and are are accepted by most professionals. On the other hand, misrepresentations of material information is clearly improper. Collaborative and Cooperative lawyers who feel uncomfortable using deceptive tactics to further client interests have agreed to be entirely open and cooperative when they negotiate. At what point …

Traditional Versus Economic Analysis: Evidence From Cardozo And Posner Torts Opinions, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal analysis compared to contemporary economic analysis of law. It evaluates prominent opinions of two judicial exemplars of the contending conceptions, the traditionalist Benjamin Cardozo and the economist Richard Posner, in torts, the field where economic analysis has greatest impact. Comparative critique of their opinions appearing in current torts casebooks, where they are the most ubiquitous judges, provides evidence that traditional legal analysis is a more capacious and persuasive basis of justification than contemporary economic analysis of law.

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 …

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 …

An Inconvenient School Of Thought, F. Scott Kieff

GW Law Faculty Publications & Other Works

While a core focus of Carrier’s book is the relation between patents and antitrust, the book leaves its reader entirely in the dark about the school of thought about that interface that actually motivated Congress in passing the present patent system into law and that shaped the next half century of development in the case law. It is good that the book is not designed to recount history, because it would in that endeavor be writing out of the history the very events that were controlling. It also is good that the book is not designed to help the reader …

When Statutory Regimes Collide:Will Wisconsin Right To Life And Citizens United Invalidate Federal Tax Regulation Of Campaign Activity?, Miriam Galston

GW Law Faculty Publications & Other Works

In Federal Election Commission v. Wisconsin Right to Life (2007) and Citizens United v. Federal Elections Commission (2010), the United States Supreme Court dramatically reduced the ability of Congress to regulate campaign finance activities of corporations and others active in elections. Many of the same activities are still subject to restrictions by the Internal Revenue Code, which regulates the type and amount of political campaign activities that certain nonprofits exempt under federal tax law can engage in.

In the wake of the campaign finance decisions, the constitutionality of the tax law’s restrictions on campaign activity is now being challenged in …

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 …

How Dangerous, The Protestant Stranger? Huguenots And The Formation Of British Identity C. 1685-1715, Lisa Clark Diller

Faculty Works

No abstract provided.

Cytokine Inflammatory Score Predicts Pregnancy Outcome In Women With Midtrimester Short Cervix, Orion Rust Md, Daniel G. Kiefer Md, Sean M. Keeler Md, Morgan R. Peltier Phd, Jolene C. Muscat Md, Nazeeh Hanna Md, Anthony M. Vintzileos Md

Department of Obstetrics & Gynecology

No abstract provided.

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.

Is Fetal Fibronectin (Ffn) A Markerof Intra-Amniotic Inflammation In Patients With Midtrimester Short Cervix?, Orion Rust Md, Daniel G. Kiefer Md, Sean M. Keeler Md, Michael Demishev Md, Jolene C. Muscat Md, Eran Bornstein Md, Nazeeh Hanna Md

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.

Model Green Building Ordinance For Municipalities Open For Comment, Michael B. Gerrard

Faculty Scholarship

In 2009, the residential and commercial building sector was responsible for more than 50 percent of total annual U.S. energy consumption, 74 percent of total U.S. electricity consumption, and 39 percent of total U.S. greenhouse gas emissions.

There has been a growing movement to encourage “green buildings” – those that generally use water, energy and materials more efficiently than conventional buildings, and utilize design, construction and siting features to reduce their negative environmental impacts.

Energy Policy For An Economic Downturn: A Proposed Petroleum Fuel Price Stabilization Plan, Thomas W. Merrill, David M. Schizer

Faculty Scholarship

A compelling case can be made for reducing America's consumption of petroleum fuels. Nearly all analysts think that the way to slash consumption of petroleum fuels is through an end-user tax. There is, however, widespread public opposition to higher gasoline taxes. Furthermore, in a recession the appropriate fiscal policy is to cut taxes, not to raise them. This paper proposes a method of stabilizing petroleum fuel prices at a sufficiently high level, without reducing aggregate consumer purchasing power. We introduce a revenue-neutral petroleum fuel price stabilization plan, called the "PFPS" plan for short Under this plan, a government surcharge on …

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 …

Narrowing The Academic Achievement Gap Among High School Latino Students Through Parental Involvement, Douglas L. Parry

Walden Dissertations and Doctoral Studies

The low academic achievement among Latino students in many inner city high schools leads to higher failure, dropout, and absenteeism rates, as well as lower standardized test scores and graduation rates. The purpose of this study was to explore whether Latino parental attitudes toward and perceptions, level of, and form of involvement may be linked to this low student achievement. The theoretical framework for this study was Epstein's parental involvement model. The research questions investigated the relationship between Latino parental attitudes toward and perceptions, level of, and form of involvement and student academic achievement. Fifty-eight parents participated in a parent …

Implementation Of Response To Intervention Models And Job Satisfaction Of School Psychologists, Stephanie Lois Hill

Walden Dissertations and Doctoral Studies

Previous research has indicated that school psychologists have greater job satisfaction when they engage in more intervention and consultation activities and fewer assessment activities. The use of response to intervention (RTI) as a way to identify specific learning disabilities is a recent development in the Individuals with Disabilities Education Act that involves more intervention activities for school psychologists and provides earlier interventions for students. The way that RTI is implemented may affect job satisfaction of school psychologists. Grounded in the theory of work adjustment, this study used a causal comparative design to examine if there is a significant difference between …

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 …

Toward A Grounded Theory On The Management Of Orphanages In South Africa And Zimbabwe, Anna Siyavora

Walden Dissertations and Doctoral Studies

The number of orphaned children in many parts of Africa is increasing as their parents die from human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS). The research problem addressed in this qualitative study was lack of understanding by others about how the managers of orphanages in 2 African countries -- South Africa and Zimbabwe - were responding to the emotional and social needs of these orphans. The purpose of this study was to develop an orphanage management theory or model that could replicate the African kinship environment in the orphanages under study. Nurturing leadership theory provided the conceptual …

The Land Does Not Belong To Us We Belong To The Land!, Lourdes Torres

Diálogo

No abstract provided.

Discursos Ocultos Y Embates Con Disfraz La Resistencia Simbólica Del Yaqui Alrededor De La Rebelión De 1740, Benjamin A. Rascón

Diálogo

No abstract provided.

La Identidad Política, Coro Juanena

Diálogo

No abstract provided.

¿Eres Indígena?, Sara Mcelmurry, Ángel S. Gutiérrez

Diálogo

No abstract provided.

Eleggua In La Costa Chica Of Guerrero, Mexico: The Persistence Of Traditional Indigenous African Spiritual Beliefs In An Afromestizo Community, Wendy E. Phillips

Diálogo

No abstract provided.

Acteal: Open Wounds On Indigenous Rights, Marco Tavanti

Diálogo

No abstract provided.

Cbdio Y Fiob: La Crisis Y La Capacidad De Los Indígenas Migrantes, Rufino Domínguez Santos

Diálogo

No abstract provided.

Cbdio: Gracias A Sus Valores Culturales Los Migrantes Indígenas Enfrentan Positivamente La Recesión En Eua, Bertha Rodríguez-Santos

Diálogo

No abstract provided.