Digital Commons Network^™

In Tune With God [Review] / Lillianne Doukhan, Thomas Shepherd

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Global Luther: A Theologian For Modern Times [Review] / Christine Helmer, Ed., Trevor O'Reggio

Andrews University Seminary Studies (AUSS)

No abstract provided.

An “Information Literacy” Perspective Of The Creation/Evolution Debate, Terry Dwain Robertson

Andrews University Seminary Studies (AUSS)

No abstract provided.

Biblical Narratives: Their Beauty And Truth, Jo Ann Davidson

Andrews University Seminary Studies (AUSS)

No abstract provided.

Child Citizenship And Agency As Shaped By Legal Obligations, Suzanne H. Jackson

GW Law Faculty Publications & Other Works

This article maintains that the legal recognition of obligations for children facilitates their recognition as citizens and agents when such obligations are understood from contextual and relational perspectives. Drawing primarily upon sources from Canada and the United States, the article advances this claim through a study of three separate settings. Part I examines the “child as student” and studies children’s obligations within schools. Part II considers the “street child” and the obligations and challenges children encounter when they live away from their families and communities. Part III contemplates the “child as bargainer” and focuses on obligations children assume when accessing, …

Docket Control And The Success Of Constitutional Courts, David Fontana

GW Law Faculty Publications & Other Works

This chapter, an invited contribution to a compendium on comparative constitutional law, argues that giving courts the power of docket control can contribute to their power and success. To make this point, this chapter surveys the experiences of several emerging and established constitutional democracies. Deciding what cases to decide permits a court to issue the right decisions at the right times, what this chapter calls ‘issue timing.’ A court can avoid encountering an issue until the country is ready to discuss the issue, and perhaps ready to resolve the issue in the manner the court is contemplating – or the …

Plus Factors And Agreement In Antitrust Law, William E. Kovacic

GW Law Faculty Publications & Other Works

Despite the crucial role of concerted action to collusion among rival firms, few elements are more perplexing than the design of evidentiary standards to determine whether parallel conduct stems from collective or from unilateral decision making. Courts allow a collusive agreement to be established by circumstantial evidence, but the evidence must show additional evidence — “plus factors” — beyond parallel movement in price. Chief plus factors identified by courts have included actions contrary to each defendant’s self-interest unless pursued as part of a collective plan, phenomena that can be explained rationally only as a result of concerted action, evidence that …

The Justifications For Nondegradation Programs In U.S. Environmental Law, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The concept of non-regression is not one that is familiar to environmental law in the United States. Nevertheless, Congress and federal agencies have adopted programs to prevent degradation of existing high quality environments and to prevent revisions of individual emissions restrictions by making them more lenient. The first programs are known as nondegradation or anti-degradation programs. The others preclude “backsliding” by prohibiting slippage in performance by regulated entities complying with regulations that are later loosened. This chapter explores the history and current status of nondegradation and anti-backsliding programs under U.S. water and air pollution control legislation. It describes the justifications …

Government Lawyering, Jessica Tillipman, Robert B. Mahini

GW Law Faculty Publications & Other Works

The legal profession is regulated with numerous ethical rules designed to ensure that practitioners comply with its high standards of professional conduct. Federal Government attorneys, while generally held to the same ethical standards as other attorneys, are subject to an additional set of requirements mandated by federal laws and regulations. This article focuses on the rules most crucial to the protection of the public welfare: 1) Government attorneys’ ethical obligations, and 2) Government attorneys’ duty to properly control information.

Government attorneys of the Executive Branch must comply with the “Standards of Ethical Conduct for Employees of the Executive Branch.” This …

The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman

GW Law Faculty Publications & Other Works

As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor’s business, they are naturally at greater risk of violating the FCPA than those companies that do not interact with Government officials on a regular basis.

This article begins by providing an overview of the FCPA and a review of recent FCPA enforcement trends, and then considers the collateral consequences of a violation of the FCPA by Government contractors. In addition to fines, penalties, and …

The Pentagon Papers Case And The Wikileaks Controversy: National Security And The First Amendment, Jerome A. Barron

GW Law Faculty Publications & Other Works

This Essay focuses on two clashes between national security and the First Amendment - the Pentagon Papers case and the WikiLeaks controversy. The two cases are hardly exact parallels. In the Pentagon Papers case the government was seeking to enjoin publications, asking for the imposition of a prior restraint. In that context, the press received the benefit of the "heavy presumption" against prior restraints. In the WikiLeaks controversy, because the discussion centers on the possibility of a criminal prosecution against Julian Assange, there is no equivalent "heavy presumption" against such a prosecution. In each case, the actual leaker was arrested, …

Biblical Literalism And Constitutional Originalism, Peter J. Smith, Robert W. Tuttle

GW Law Faculty Publications & Other Works

Critics of constitutional originalism have often described originalists as “fundamentalists” or “literalists” as a way of discrediting originalism. This comparison has obvious rhetorical force because it tends implicitly to taint originalism with guilt by association, given views in the academy of Protestant fundamentalism. But originalism’s critics are not the only ones who appear to have noticed the similarities between the two interpretive approaches; when they have entered the arena of policy and judicial politics, proponents of biblical literalism have generally embraced originalism as the correct approach to constitutional interpretation.

It is not surprising that both critics of constitutional originalism and …

‘They Saw A Protest’: Cognitive Illiberalism And The Speech-Conduct Distinction, Donald Braman, Dan M. Kahan, David A. Hoffman, Danieli Evans, Jeffrey J. Rachlinski

GW Law Faculty Publications & Other Works

“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …

The Inducement Standard Of Patentability, Michael B. Abramowicz, John F. Duffy

GW Law Faculty Publications & Other Works

In Graham v. John Deere, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents only to “those inventions which would not be disclosed or devised but for the inducement of a patent.” This Article argues that this inducement standard, largely ignored in practice, should serve as the doctrinal polestar. Such an approach would provide a solid economic foundation for the patentability standard and would align patent law with the many other fields of regulatory law that currently apply economic analysis in determining the scope and content of regulation. The Article also offers …

Problems In Climate Change And Human Rights, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. The link between adverse impacts of climate change and human rights was pushed to the fore recently by a 2005 petition by Sheila Watt-Cloutier on behalf of the Inuit people of the Artic regions to the Inter-American Commission on Human Rights. Human Rights challenges to harmful climate change activities and impacts have also been launched in a number of national courts. In Nigeria and Australia substantive and procedural rights have been …

Problems In Environmental Protection And Human Rights: A Human Right To The Environment, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. The assertion of a human right to a healthy environment has persisted over the last 40 years. Here we examine the international guarantees and national guarantees that have developed. We also look at moves toward a Declaration on Human Rights and the Environment.

Pathway To Minority Shareholder Protection: Derivative Actions In The People's Republic Of China, Donald C. Clarke

GW Law Faculty Publications & Other Works

Using a dataset of Chinese judicial opinions arising in over fifty cases, this paper analyses the development and current implementation of shareholder derivative actions in the courts of the People’s Republic of China (“PRC”), both before and after the derivative lawsuit was explicitly authorized in the PRC’s 2006 Company Law effective January 1, 2006. In addition, we describe the very unique ecology of enterprise organization and corporate governance in modern China, and critique the formal design of the derivative action and offer reform suggestions.

We find the design of the Chinese derivative lawsuit to be, in some respects, innovative and …

Problems In Human Rights And Transboundary Pollution, Dinah L. Shelton, Donald K. Anton

GW Law Faculty Publications & Other Works

This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. Using the Application Instituting Proceedings in the International Court of Justice case involving Arial Herbicide Spraying (Ecuador v. Columbia) [2008] ICJ 4-28 General List No. 138 (March 31, 2008)(footnote omitted), this case study raises questions associated with human rights and international environmental law.

How (Not) To Censor: Procedural First Amendment Values And Internet Censorship Worldwide, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

A growing number of countries censor speech on the Internet-- dictatorships and democracies alike. Free speech advocates deplore this state of affairs and argue for achievement of a worldwide consensus in which all countries accord their citizens nearly unrestricted Internet access. This Utopia of uncensored Internet access is, however, radically different from the current state of affairs and--given the trend toward more, not less, control over Internet access--is not likely to be achieved in the near future. Calls for the rest of the world to adopt the United States’ First Amendment’s version of broad free speech protections are not likely …

Enhancing The Teaching And Learning Of Computational Estimation In Year 6, Paula Mildenhall

Theses: Doctorates and Masters

There have been repeated calls for computational estimation to have a more prominent position in mathematics teaching and learning but there is still little evidence that quality time is being spent on this topic. Estimating numerical quantities is a useful skill for people to be able to use in their everyday lives in order to meet their personal needs. It is also accepted that number sense is an important component of mathematics learning (McIntosh, Reys, Reys, Bana, & Farrell, 1997; Paterson, 2004) and that computational estimation is an important part of number sense (Edwards, 1984; Markovits & Sowder, 1988; Schoen, …

Looking Smart Is Not The Ultimate Goal: An Examination Of A Gifted And Talented Science Program, Kym S. Tan

Theses: Doctorates and Masters

At Metropolitan High School (MHS) a gifted and talented science program (GTSP) operates to meet the educational needs of exceptional students. Academic achievement is dependent on many factors including cognitive ability, goal orientation, selfregulation of learning and self-efficacy. Few studies have attempted to investigate the significance of each of these in special populations particularly in the academic field of science. The literature indicates that educational programs should be subject to evaluation, yet such evaluation is not routinely carried out. In a balanced teaching system, components such as curriculum, teaching methods, assessment procedures and classroom environment are aligned so that they …

Yeast As A Model For Studying Aβ Aggregation, Toxicity And Clearance, Prashant R. Bharadwaj

Theses: Doctorates and Masters

Alzheimer’s disease (AD) is a progressive neurodegenerative disorder of the central nervous system, characterised by acute memory loss and behavioural symptoms. The AD brain is characterized by the presence of senile amyloid plaques associated with degenerating neurites and inflammatory processes. The major protein component of these amyloid deposits is the amyloid beta (Aβ) protein. The Aβ protein is a 40 or 42 amino acid cleavage product of APP (Amyloid Precursor Protein) which is produced in low levels in the normal ageing brain. Although senile amyloid plaques is the major pathological hallmark of AD brains, accumulating evidence has been presented to …

Magnetic Micro-Confinement Of Quantum Degenerate Gases, Ahmed M. Abdelrahman

Theses: Doctorates and Masters

In this dissertation we explore the basic principles of the magnetic micro-confinement of the quantum degenerate gases where the approach of the so-called two-dimensional magnetic lattices has been theoretically and experimentally investigated. In this research a new generation of two-dimensional magnetic lattice has been proposed and considered as a developing phase for the previous approaches. Its advantage relies on introducing a simplified method to create single or multiple micro-traps of magnetic field local minima distributed, at a certain working distance, above the surface of a thin film of permanent magnetic material. The simplicity in creating the magnetic field local minima …

Creating Persuasive Messages To Promote Abstinence From Alcohol During Pregnancy, Kathryn France

Theses: Doctorates and Masters

While the rates of Fetal Alcohol Spectrum Disorder within Australia are unknown, the rates of alcohol use during pregnancy and at-risk alcohol use by women of childbearing age highlight the need for universal prevention strategies addressing prenatal alcohol exposure. Though many awareness-raising campaigns for alcohol use during pregnancy have been conducted, predominantly in North America, they have rarely been developed using formative research nor have they been comprehensively evaluated (Saskatchewan Prevention Institute, 2009; Elliott et al., 2008). This lack of published information on the development and evaluation of campaigns makes it difficult to determine what communication elements are most credible …

Information Dissemination For Farming Communities In Thailand, Khumphicha Tantisantisom

Theses: Doctorates and Masters

The use of information and communication technology tools has been applied in many disciplines, including agricultural sectors. It may be applied in many modules such as data gathering, data processing, information management and information dissemination. One issue that cannot be neglected is the readiness of technology service users, or farmers in this case. It was found that most Thai farmers were poor and illiterate; therefore, offering them the best available tools and services may not be always what they would like to use. To answer the research questions, action research methodology was selected in this study to find a practical …

Shall We Play A Game?, Craig Caulfield

Theses: Doctorates and Masters

In response to real and perceived short-comings in the quality and productivity of software engineering practices and projects, professionally-endorsed graduate and post-graduate curriculum guides have been developed to meet evolving technical developments and industry demands. Each of these curriculum guidelines identifies better software engineering management skills and soft, peopleware skills as critical for all graduating students, but they provide little guidance on how to achieve this. One possible way is to use a serious game — a game designed to educate players about some of the dynamic complexities of the field in a safe and inexpensive environment. This thesis presents …

Advertising Law And Regulation, Chao-Hung Christopher Chen

Research Collection Yong Pung How School Of Law

No abstract provided.

Uniform Accountancy Act, Standards For Regulation Including Substantial Equivalency, American Institute Of Certified Public Accountants (Aicpa), National Association Of State Boards Of Accountancy

Association Sections, Divisions, Boards, Teams

No abstract provided.

Perceptions Of Peacebuilding And Multi-Track Collaboration In Divided Societies For A Sustainable Peace Agreement At The Political Level: A Case Study Of Cyprus, Brooke Patricia Galloway

Dissertations and Theses

It is the purpose of this study to propose that perceptions of peacebuilding activities in all tracks of divided societies (political, civil society leaders, and grassroots), and the perceptions of the collaboration between the tracks are essential processes to a sustainable peace agreement at the political level. This study will examine multi-track peacebuilding and the collaboration (or lack of it) between tracks in Cyprus. Additionally, it will analyze the perceptions of the necessity of collaboration across tracks. The analysis of this study is conducted in two phases: (1) analyzing interviews with Track One diplomats and examining previous and existing peacebuilding …

Opening Black Boxes And Following Traces: An Exploration Of The Coalition For A Livable Future's Regional Equity Atlas Actor-World, 2003-2007, Meg Merrick

Dissertations and Theses

Maps have longed been recognized as instruments of power and persuasion. With the recent proliferation of maps in the media and on the Internet has come an increasing desire among groups advocating for environmental and social change to have access to maps (the product) and mapping (the process) to more effectively promote their agendas. However, this is not as simple as it seems. Far from being neutral conduits of "truth," maps are constructed by a myriad of social interactions among heterogeneous actors (human and technical) that left unacknowledged can lead to an untapped potential of the power of maps. Adopting …