Digital Commons Network^™

The Changing Face Of Legal Education: Its Impact On What It Means To Be A Lawyer, Thomas D. Morgan

GW Law Faculty Publications & Other Works

In recent years, it has become less clear what it means to be a lawyer. Current efforts by the ABA to change accreditation standards for U.S. law schools make it important to think about the ways in which lawyers have common qualities. This paper considers both the changes in law practice and what they are likely to mean for U.S. law schools as they try to equip lawyers for the new reality.

A Primer On Demand Response And A Critique Of Ferc Order 745, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay is a contribution to the Second Annual Demand Response Conference sponsored by George Washington University and the law firm of Husch Blackwell. Demand response is a term that is used in debates about potential ways of reforming regulation of electricity to provide consumers with the proper incentives to conserve electricity. In this essay, Professor Pierce attempts to describe the basic economic and legal principles that are implicated in the debate in terms that make the debate more accessible to participants, policy makers, and the general public.

Theorizing Systemic Disparate Treatment Law, Michael Selmi

GW Law Faculty Publications & Other Works

The pattern or practice cause of action is the most potent, but least understood, of the causes of action recognized by Title VII. The massive sex discrimination case filed against Wal-Mart has renewed scrutiny on the nature of the pattern or practice claim, and this essay seeks to explain under what circumstances statistics can prove intentional discrimination. This essay first explores the history of the pattern or practice claim, noting that the primary case law is now three decades old and was developed around issues of overt race discrimination. Claims of gender discrimination are more complicated because the regression analyses …

The Pii Problem: Privacy And A New Concept Of Personally Identifiable Information, Daniel J. Solove, Paul M. Schwartz

GW Law Faculty Publications & Other Works

Personally identifiable information (PII) is one of the most central concepts in information privacy regulation. The scope of privacy laws typically turns on whether PII is involved. The basic assumption behind the applicable laws is that if PII is not involved, then there can be no privacy harm. At the same time, there is no uniform definition of PII in information privacy law. Moreover, computer science has shown that in many circumstances non-PII can be linked to individuals, and that de-identified data can be re-identified. PII and non-PII are thus not immutable categories, and there is a risk that information …

Relationship Between Fundamental Motor Skills And Physical Activity, Sara Marrone

Graduate Research Papers

Objectives. An important component in reducing the obesity of today's children is increasing the level of participation in physical activity. One factor that might increase physical activity is the level of object control fundamental motor skill proficiency. The purpose of this study was to investigate whether object control fundamental motor skills are associated with moderate to vigorous physical activity.

Methods. 40 second grade students (23 boys and 17 girls) were studied. Children's physical activity was assessed by the Polar Active® activity monitor, and their motor proficiency was determined using a battery of assessment to test 4 object control skills (throwing, …

Tropical Salvage: From Recession To Expansion, Scott Marshall, Lisa Peifer, Erin Ferrigno

Business Faculty Publications and Presentations

Tim O’Brien, founder of Tropical Salvage, was preparing for another warehouse clearance sale of his unique, handcrafted hardwood furniture. It had been an enormously challenging year and it was important to reduce inventory before the next container arrived from Indonesia. The market for fine furniture had begun to decline steadily in early 2008 following the stock market crash of the prior September. The company survived a difficult period, but not without suffering a decline in sales. O’Brien had spent ten years building a sustainable business model based on environmental stewardship, worker empowerment and unique, high quality product. As the economy …

Product Safety And Security In The Global Supply Chain: Issues, Challenges And Research Opportunities, Ann Marucheck, Noel Greis, Carlos Mena, Linning Cai

Business Faculty Publications and Presentations

number of high profile product safety events and recalls have heightened public attention to the safety and security of the products that people consume and use. While product safety isn’t a new topic, the effect of the global supply chain in creating or exacerbating safety risks and vulnerabilities is both timely and relevant. In this essay we focus on how the field of operations management can provide fresh perspectives and insights in addressing the challenges of product safety and security in the global supply chain. We first examine the product safety issues and challenges that arise in five industries that …

The Effect Of A Long-Toss Throwing Protocol On Elite Pitchers’ Glenohumeral Joint Inferior Laxity, Andrew Charles Benning

Graduate Research Papers

Context: Long-toss throwing protocols are common arm conditioning practices used among elite level pitchers; however, this practice could cause an increase in inferior glenohumoral laxity that could be considered unhealthy (10-21 mm). Objective: Compare the amount of non-throwing and throwing arm glenohumeral laxity before and after the long-toss throwing protocol. Design: Repeated measures Setting: Laboratory Participants: 10 healthy, male, collegiate pitchers(age 20.4 ± 0.97, height 185.7 ± 4.7 cm, weight 89.3 ± 4.9 kg.) in accordance with IRB. Intervention: Measure the inferior displacement of the glenohumeral joint in the dominant and non-dominant shoulder before and after a long toss routine. …

Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson

Utah Law Faculty Scholarship

A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.

The typically esoteric world of patents has recently been thrust into the headlines as cases involving patented genes have received an unprecedented amount of press. For decades, academics, scientists, practicing attorneys, and legislators have vigorously debated the merits of granting patents on genes and medical diagnostic procedures. Only recently, however, have the courts entered the fray. For example, in March 2010, Judge Sweet of the U.S. District Court for the Southern District of New York handed down a ruling that invalidated a …

Estimates Of Duck Breeding Populations In The Nebraska Sandhills Using Double Observer Methodology, Mark P. Vrtiska, Larkin A. Powell

School of Natural Resources: Faculty Publications

The Nebraska Sandhills are an important area for breeding ducks in the Great Plains, but reliable estimates of breeding populations are unavailable. Double-observer methodology was used to estimate abundance of breeding duck populations in the Nebraska Sandhills. Aerial transect surveys were conducted using methodology similar to the cooperative Waterfowl Breeding Population and Habitat Survey conducted by the U.S. Fish and Wildlife Service and Canadian Wildlife Service. Observations by two front-seat observers and one rear-seat observer were used to account for incomplete detectability. Transect-specific population size and detection probabilities were estimated using program SURVIV; estimates were species-specific by type of social …

Cerebral Perfusion In Chronic Stroke: Implications For Lesion-Symptom Mapping And Functional Mri, Jessica D. Richardson, Julie M. Baker, Paul S. Morgan, Chris Rorden, L. Bonilha, Julius Fridriksson

Faculty Publications

Lesion-symptom mapping studies are based upon the assumption that behavioral impairments are directly related to structural brain damage. Given what is known about the relationship between perfusion deficits and impairment in acute stroke, attributing specific behavioral impairments to localized brain damage leaves room for speculation, as impairments could also reflect abnormal neurovascular function in brain regions that appear structurally intact on traditional CT and MRI scans. Compared to acute stroke, the understanding of cerebral perfusion in chronic stroke is far less clear. Utilizing arterial spin labeling (ASL) MRI, we examined perfusion in 17 patients with chronic left hemisphere stroke. The …

Implications Of Hydrologic Data Assimilation In Improving Suspended Sediment Load Estimation In Lake Tahoe, California, Marc Leisenring

Dissertations and Theses

Pursuant to the federal Clean Water Act (CWA), when a water body has been listed as impaired, Total Maximum Daily Loads (TMDLs) for the water quality constituents causing the impairment must be developed. A TMDL is the maximum daily mass flux of a pollutant that a waterbody can receive and still safely meet water quality standards. The development of a TMDL and demonstrating compliance with a TMDL requires pollutant load estimation. By definition, a pollutant load is the time integral product of flows and concentrations. Consequently, the accuracy of pollutant load estimation is highly dependent on the accuracy of runoff …

Erosion And Adjustment: A Bourdieuian-Inspired Analysis Of Imprisonment And Release, Joshua David Seim

Dissertations and Theses

Sociologists of punishment generally agree that the American prison exacerbates social inequality, but the mechanisms by which it does so remain somewhat fuzzy. This thesis pulls from the tradition of Pierre Bourdieu (1930-2002), a canonical theorist of power and inequality, and specifically his three "thinking tools" of field, capital, and habitus, to unveil these mechanisms. Empirically, I turn to ethnographic data I collected in a minimum-security men's prison that is generally reserved for convicts who will be released to one of the three most populated counties in Oregon. I explore how soon-to-be-released prisoners (i.e., prisoners who will be released within …

Was Mechanization De-Skilling? The Origins Of Task-Biased Technical Change, James Bessen

Faculty Scholarship

Did nineteenth century technology reduce demand for skilled workers in contrast to modern technology? I obtain direct evidence on human capital investments and the returns to skill by using micro-data on individual weavers and an engineering production function. Weavers learned substantially on the job. While mechanization eliminated some tasks and the associated skills, it increased returns to skill on the remaining tasks. Technical change was task-biased, much as with computer technology. As more tasks were automated, weavers’ human capital increased substantially. Although technology increased the demand for skill like today, weavers’ wages eventually increased and inequality decreased, contrary to current …

Upper-Level Courses: Three Examplars, Mark Fagan, Tamar Frankel, Eric J. Gouvin, Kathy Z. Heller

Faculty Scholarship

I'm Mark Fagan, and I co-teach a course on securitization with Tamar Frankel at Boston University School of Law. We have come together to teach several interdisciplinary courses that combine law, business and public policy. Our course on securitization is a wonderful exemplar because it touches so many aspects of law as well as business and public policy.

We spent quite a bit of time wrestling with how to teach it. Do you teach it in a process fashion? Do you teach it by legal topic? Do you take examples and examine them? After much debate and discussion, we actually …

American Vertigo: Dual Use, Prison Physicians, Research, And Guantanamo, George J. Annas

Faculty Scholarship

Physicians can be used by governments for nonmedical purposes, and physician acceptance of their nonmedical use is usually denoted as "dual loyalty, " although it is more analytically helpful to frame it "dual use. " Dual use of physicians has been on display at Guantanamo where physicians have consistently been used to break hunger strikes as part of the military security mission in ways that directly violate medical ethics. Guantanamo itself has also been seen worldwide as a uniquely horrible prison, which can tell us little about other American prisons. The contrary seems to be true: Guantanamo, and the use …

Application Of Non-Invasive Flow Measurement Techniques For Quantitative Analysis Of A Biomedical Device, Amit Chainani

Theses

Researchers have extensively studied the techniques and applications of Particle Image Velocimetry (PIV) and Planar Laser Induced Fluorescence (PLIF). Developments in computing and imaging techniques have significantly aided the accuracy and efficiency techniques which are now commonly used to study velocity vectors, predicting acceleration and mixing profiles in modern fluid dynamics. This project focused on analyzing the flow field inside a MicroWell, a component of the assay kits that are processed by the Vitros ECi analyzer. The assay kits and analyzer are manufactured by Ortho Clinical Diagnostics, Rochester, NY. Reagents and samples are mixed in the MicroWell during various operations …

Insect Abundance And Variability In An Urban-Rural Landscape And Comparison To Foraging Habitat Selection Of Bats, Nicole Oehler

All-Inclusive List of Electronic Theses and Dissertations

I conducted a study of the relationship between prey availability and foraging habitat selection of Indiana bats (Myotis sodalis), big brown bats (Eptesicus fuscus), eastern red bats (Lasiurus borealis) and evening bats (Nycticeius humeralis) in an urban-rural landscape matrix of southwestern Indianapolis. Insects were collected from nine different habitat types found within the range of these species. Insect data were collected from 2006 to 2008 using sticky traps placed in each habitat type. Habitat types were ranked by importance to each bat species (based on previous studies) and then compared to the average number of prey insects captured per habitat …

Adult Survivorship And Juvenile Recruitment In Populations Of Crawfish Frogs (Lithobates Areolatus), With Additional Consideration Of The Population Sizes Of Associated Pond Breeding Species, Vanessa C. Kinney

All-Inclusive List of Electronic Theses and Dissertations

Crawfish Frog populations have declined significantly in both the northeastern and southwestern portions of their range, and are listed as state endangered in both Iowa and Indiana. They are animals with a secretive nature, and comparatively little is know about their basic life history and natural history. To address this gap, and to obtain the information necessary to manage for this species in areas of decline, I studied the breeding biology of two Crawfish Frog populations during 2009 and 2010. Using data collected from drift fence and pitfall trap arrays around breeding wetlands, I estimated breeding population sizes, operational sex …

Analysis Of Urban Heat Islands By Using Multi-Sensor And Multi-Temporal Remote Sensing Images, Rajasekar Umamaheshwaran

All-Inclusive List of Electronic Theses and Dissertations

This doctoral dissertation research has developed models to facilitate in characterization,analysis and monitoring of urban heat islands (UHI). Over the past few years there has been evidence of mass migration of the population towards urban areas which has led to the increase in the number of mega cities (cities with more than 10 million in population) around the world. According to the UN in 2007 around 60% (from 40% in 2000) of world populations was living in urban areas. This increase in population density in and around cities has lead to several problems related to environment such as air quality, …

Characteristics Of Difficult Patients In Prisons Compared To Difficult Patients In Primary Care Settings, Emily Kistler

All-Inclusive List of Electronic Theses and Dissertations

Research has found that patients perceived as being difficult by their physicians share a number of characteristics. These "difficult" characteristics include Axis I disorders, personality disorders, somatization, complex health problems, and aggression. Current research has focused on defining "difficult patients" in community populations, while other populations have gone overlooked. One population that has prevalence rates of the "difficult" characteristics identified in community samples is offenders. As a group, offenders tend to have high rates of mental illness, chronic health problems, and behavioral issues such as aggression. While difficult patients in prison may resemble difficult patients in the community, research has …

Two Dimensional Rate Gyro Bias Estimation For Precise Pitch And Roll Attitude Determination Utilizing A Dual Arc Accelerometer Array, William Scorse

Theses

In this thesis, a previously developed, novel one-dimensional attitude estimation device is expanded through the development and implementation of an innovative method for estimation of two-dimensional attitude making use of a unique low-cost, dual arc accelerometer array measuring longitudinal and transverse rotational rates in real-time. The device and method proposed is an expansion of a previously developed method for one-dimensional attitude determination and rate gyro bias estimation utilizing a one-dimensional accelerometer array. This new revolutionary device utilizes a dual arc accelerometer array and an algorithm for accurate and reliable two-dimensional attitude determination and rate gyro bias estimation in real-time. The …

Comparison Of Muscle Activation In The Active Straight Leg Raise And Double Straight Leg Lowering Tests, Megan Callahan

All-Inclusive List of Electronic Theses and Dissertations

Muscle Activation during the Active Straight Leg Raise and Double Straight Leg Lowering Tests Callahan, ME. Gage, M. Ferng, SF. Nesser, T. Context: Low back pain is a common medical condition that exists in athletic and general populations. It is difficult to for clinicians to diagnose low back pain because no gold standard clinical test has been established to diagnose low back pain. Limited previous research has assessed muscle activation during commonly used clinical tests that evaluate low back pain. Objective: To assess transverse abdominis/internal oblique (TrA/IO), external oblique (EO), and rectus abdominis (RA) muscles during two common low back …

Relationship Between Foot Pressures And Alterations Of Horizontal Velocities Of The Center Of Mass While Hurdling, Braden Cole

All-Inclusive List of Electronic Theses and Dissertations

This study analyzed the landing phase of hurdle clearance to investigate how the vertical displacement in the hurdler's center of mass and foot pressures at ground contact lead to a change in the hurdler's overall horizontal velocity of the center of mass. This study examined four male collegiate high hurdlers as they performed three trials of clearing one 42 inch high hurdle. The subjects were filmed during the three trials using three Panasonic cameras (60 Hz) and one JVC video camera (60 Hz), which was later used to provide video images in order to digitize each frame using the APAS …

A Thermoelectric Generation Subsystem Model For Heat Recovery Simulations, Andrew Freedman

Theses

Thermoelectric devices can convert thermal energy directly into electrical energy, or they can work in reverse and use electrical energy to create a temperature gradient for cooling or heating applications. The absence of moving parts, wide range of operating temperatures, scalability, and modular capabilities makes thermoelectrics attractive for energy generation applications. They have been considered for use with vehicle exhausts, co-generation, and other energy recovery from lost heat in thermodynamic cycles. Thermoelectric devices have relatively low efficiencies but there have been recent advances in thermoelectric materials potentially opening the door to more power applications. As material advancements continue and a …

Modeling Lean Six Sigma In The Small Packaging Industry In India, Robin Patel

Theses

This thesis is a result of my interest in implementing Lean Six Sigma into Indian packaging companies because the Indian industry is growing at 18-20% annually (Samal, 2010). This growth rate is expected to triple in the next five years. With USA outsourcing to foreign nations this substantial growth, as I envision the USA companies who are seeking India packaging materials will benefit from my original approach for converting the Indian packaging industry using Lean Six Sigma. I have a strong personal and professional desire to improve the manufacturing within India. It is the country in which I grew up …

Narrative Drawers: Reconsidering Familiar Precedents Of Drawer Furniture, David Adams

Theses

This written thesis represents the culmination of several years of research, conceptual development, and studio work and accompanies an exhibition of furniture work, titled Narrative Drawers: Reconsidering Familiar Precedents of Drawer Furniture, which was held in the Bevier Gallery at Rochester Institute of Technology in Rochester, New York, from April 24 - May 10, 2006. A portion of this research directly results from my efforts under a 2005 Graduate Research Grant awarded by the Center for Craft, Creativity and Design, Hendersonville, North Carolina. Four original pieces of furniture were made for this exhibition: Tradition, Perforated Chest of Drawers, Private Exhibition, …

A Study Of How Model-Centric Engineering Relates To Time-To-Market And Agility To Accommodate Customer-Required Changes, Craig A. Schroeder

All-Inclusive List of Electronic Theses and Dissertations

As customers increasingly demand immediate product variation, companies are required to shorten product design and manufacturing life cycles to remain competitive. The ability to respond quickly to continuous and unexpected change is the key to success in the manufacturing industry (Yu, Liu, & Chen, 2005). As a result, manufacturing firms are using model-centric engineering (MCE) in product development to remain competitive in their ever-changing global environment. The purpose of this study was to investigate the relationship between the use of model-centric engineering and a firm's competitiveness as defined by time-to-market and agility to accommodate customer-required changes. The study focused on …

Effects Of Monetary Incentives On Academic Performance Of Fourth-Grade Students From Low Socioeconomic Status, Sandra O. Dafiaghor

All-Inclusive List of Electronic Theses and Dissertations

Scientific investigations of monetary incentives on students' academic achievement have not explored effects on performance of students from low socioeconomic status (SES), nor has there been exploration of teachers' perceptions of how monetary incentives impact academic performance of students from low socioeconomic status. The present study explored how low SES students perceive their academic performances being impacted by extrinsic monetary incentives. The study also explored the fourth-grade teachers' beliefs about the impact of monetary incentive on students' academic performance. The study found that students believe monetary incentives will increase academic performance, depending on the size of the cash incentive. The …

Gay, Lesbian, And Bisexual Spirituality: An Intersectional Identity Study, Zachary G. Birch

All-Inclusive List of Electronic Theses and Dissertations

With college students becoming more interested in the spiritual dimensions of their lives (Astin, 2004; Lindholm, 2007), gay, lesbian, and bisexual (GLB) students may have a harder time finding the support to navigate their spiritual selves. Because of this, the intersection of spiritual identity and GLB identity was investigated. Specifically, this study sought to see if students. GLB identities affect their spiritual identities, if their spiritual identities affect their GLB identities, and if there was a connection and intersection between the two. Data were collected through semi-structured interviews with eight students. This study showed that there could be a relationship …