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2011

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Law And Society, Penelope Andrews Jan 2011

Law And Society, Penelope Andrews

Articles & Chapters

No abstract provided.


Global Finance, Multinationals And Human Rights: With Commentary On Backer’S Critique Of The 2008 Report By John Ruggie, Faith Stevelman Jan 2011

Global Finance, Multinationals And Human Rights: With Commentary On Backer’S Critique Of The 2008 Report By John Ruggie, Faith Stevelman

Faculty Articles

This article references the excellent article of Larry Cata Backer, as it provides an analysis of the 2008 Report's "Protect, Respect, Remedy" (PRR) framework. Ruggie's most recent efforts, reflected in the 2010 Report, are directed at operationalizing the PRR framework set forth in the 2008 Report. Both these reports have been vetted internationally amongst governments, lawyers, academics and human rights advocates. How will governments, corporations, trade associations and rights advocates conceptualize and construct the fora and modes of recourse available to persons aggrieving human rights abuses? That question is the central focus of the 2010 Report and, as such, lies …


From Both Sides Now: The Job Talk’S Role In Matching Candidates With Law Schools, Anne Enquist, Paula Lustbader, John B. Mitchell Jan 2011

From Both Sides Now: The Job Talk’S Role In Matching Candidates With Law Schools, Anne Enquist, Paula Lustbader, John B. Mitchell

Faculty Articles

In the heavily competitive law school teaching job market, the so-called “job talk” has assumed increasing importance in the ultimate hiring decision. Nevertheless, there is little published information to assist a law school faculty in structuring or evaluating the job talk and a similar paucity of information for candidates to guide them in creating and preparing for the presentation of their talk. This article is intended to fill that void. The article guides the preparation of faculty and candidates for both the job talk itself and for the crucial Q&A period that follows the talk. The article represents the authors’ …


David Grove's Metaphors For Healing, David Pincus, Anees A. Sheikh Jan 2011

David Grove's Metaphors For Healing, David Pincus, Anees A. Sheikh

Psychology Faculty Articles and Research

Within the ever-expanding list of approaches to psychotherapy, there is a tendency to overlook deep imagery approaches. The current article reports on one such metaphor-based therapy developed by David Grove (Grove & Panzer, 1989). The approach is analyzed within the context of mainstream contemporary psychotherapy in general, the state of empirical understanding of common processes to psychotherapy, and in relation to other deep imagery-based approaches to therapy. Next, a step-by-step description of the techniques used within metaphor therapy are presented, along with a case example demonstrating the use of these techniques on a case involving pain symptoms. Finally, it is …


The Supreme Court’S Surprising And Strategic Response To The Civil Rights Act Of 1991, Michael Selmi Jan 2011

The Supreme Court’S Surprising And Strategic Response To The Civil Rights Act Of 1991, Michael Selmi

GW Law Faculty Publications & Other Works

This essay, which was prepared for a symposium issue in recognition of the twentieth anniversary of the Civil Rights Act of 1991, explores the Supreme Court’s response to the Congressional repudiation of its cases reflected in the 1991 Act. Relying on a positive political theory framework, I demonstrate that the Court appears to have responded in a strategically sophisticated manner designed to insulate their decisions from Congressional reversal. The 1991 Act reversed or modified eight Supreme Court decisions, and reflected concern regarding the conservative turn the Court had taken in discrimination cases. After the passage of the Act, plaintiffs have …


Train Wrecks, Budget Deficits, And The Entitlements Explosion: Exploring The Implications Of The Fourteenth Amendment's Public Debt Clause, Michael B. Abramowicz Jan 2011

Train Wrecks, Budget Deficits, And The Entitlements Explosion: Exploring The Implications Of The Fourteenth Amendment's Public Debt Clause, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

This Article explores the implications of the Fourteenth Amendment's Public Debt Clause for the debt ceiling and fiscal policy.


From Expert Administration To Accountability Network: A New Paradigm For Comparative Administrative Law, Francesca Bignami Jan 2011

From Expert Administration To Accountability Network: A New Paradigm For Comparative Administrative Law, Francesca Bignami

GW Law Faculty Publications & Other Works

Notwithstanding the radically changed landscape of contemporary administrative governance, the categories that guide comparative administrative law and that determine what will be compared remain similar to those used at the founding of the discipline in the late 1800s. These categories are rooted in confidence in an expert bureaucracy to accomplish public purposes and are mainly twofold - administrative organization and judicial review. This outdated model has limited the ability of comparative law to engage with contemporary debates on the administrative state, which instead display considerable skepticism of public administration and are premised on achieving the public good through a plural …


Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul J. Heald Jan 2011

Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul J. Heald

GW Law Faculty Publications & Other Works

This article provides an introduction to the study of brand-name sharing, and presents results from an empirical study of sharing rates among 131 famous brand names from 1940 through 2010, conducted through an examination of business names in the white pages telephone directories of Chicago, Philadelphia, and Manhattan. Perhaps the most dramatic finding of the study is that independent uses of the 131 brand names – that is, uses of those names by businesses other than those that made the names famous – have declined from 3000 to 1380 between 1960 and 2010, a 54% drop. The article then assesses …


User Experiments Of A Social, Faceted Multimedia Classification System, Liuliu Fu, Kurt Maly, Elizabeth Rasnick, Harris Wu, Mohammad Zubair Jan 2011

User Experiments Of A Social, Faceted Multimedia Classification System, Liuliu Fu, Kurt Maly, Elizabeth Rasnick, Harris Wu, Mohammad Zubair

Computer Science Faculty Publications

Internet document sharing systems such as Flickr store billions of user-contributed images. Many collections on the Web contain large numbers of multimedia objects such as images. While such systems are designed to encourage user contributions and sharing, they are not well-organized collections on any given subject and are not easy to browse for specific subject matters. We have built a system that systematically organizes a large multimedia collection into an evolving faceted classification. This paper discusses the evaluation of such a system through a number of usage studies in a university setting.


Naïve Textualism In Patent Law, Jonathan R. Siegel Jan 2011

Naïve Textualism In Patent Law, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

This symposium asks, “How much work does language do?” The answer these days is “too much.” Courts are letting statutory language do the work that used to be done by judges’ paying sensitive attention to context, history, policy, and background understandings. Or at least, they are apparently doing so — the even less appealing possibility is that courts are using statutory language as a cover for decisions reached on other grounds.

I have long argued that part of the judicial function in statutory interpretation is to apply “background principles” of law, or “field-specific canons of construction.” Courts, in construing statutes, …


Conflicting Interests In The Swiss Alps: A Comparative Study Of International Environmental Governance, Shelley Clark Jan 2011

Conflicting Interests In The Swiss Alps: A Comparative Study Of International Environmental Governance, Shelley Clark

Honors Theses

I owe a great deal ofthanks to the people who helped with my thesis. First, my advisor Dr. John Sonnett helped shape and edit my thesis more than anyone else. My third-reader Dr. Ann Fisher-Wirth and my second-reader Dr. Kees Gispen should also be given credit for the completion ofmy thesis. Dr. Fisher-Wirth has been an inspiration to me since my first year at Ole Miss. She planted the seeds of environmentalism in my head and also fostered the exchange program with the University ofFribourg. Completing the thesis component for the Honors College and the Croft Institute has been an …


The Mythic Method At Work In The Travel Writing Of Bruce Chatwin, Paul Theroux, And V.S. Naipaul, Benjamin Bryant Sloan Jan 2011

The Mythic Method At Work In The Travel Writing Of Bruce Chatwin, Paul Theroux, And V.S. Naipaul, Benjamin Bryant Sloan

Honors Theses

Bruce Chatwin, Paul Theroux, and V.S. Naipaul travel to remove what V.S. Naipaul calls their “area of darkness," by which he means those places in the world and places within themselves that are unexplored firsthand. They are much more interested in subjective impressions of the world than objective representations. In fact, these writers strive for subjectivity. But with subjectivity comes doubt and chaos, and a tool that these authors use to order their worlds and their works is the mythic method. All three of these writers are highly influenced by literary modernism and by sources across the ages, but in …


Policies Addressing Obesity: A Comparison Of South Korea And The United States, Sarah Elizabeth Rogers Jan 2011

Policies Addressing Obesity: A Comparison Of South Korea And The United States, Sarah Elizabeth Rogers

Honors Theses

The purpose of this project is to compare the actions taken by South Korea, one of the countries with the lowest obesity rate, and the United States, one of the countries with the highest obesity rate, and analyze the programs to draw lessons from which we can learn. Through this thesis project, I address the problem of the increasing prevalence of obesity in the United States, present information from available literature, compare the current programs and nutrition policies in South Korea and the United States, and justify ethical government intervention into nutrition. From the comparison between these countries and their …


Undervaluing Indeterminacy: Translating Social Science Into Law, Elizabeth Mertz Jan 2011

Undervaluing Indeterminacy: Translating Social Science Into Law, Elizabeth Mertz

DePaul Law Review

No abstract provided.


Relating To The Bible, Roy Gane Jan 2011

Relating To The Bible, Roy Gane

Perspective Digest

No abstract provided.


The Validity Of The Levitical Food Laws Of Clean And Unclean Animals: A Case Study Of Biblical Hermeneutics, Jiri Moskala Jan 2011

The Validity Of The Levitical Food Laws Of Clean And Unclean Animals: A Case Study Of Biblical Hermeneutics, Jiri Moskala

Journal of the Adventist Theological Society

No abstract provided.


The Validity Of The Levitical Food Laws Of Clean And Unclean Animals: A Case Study Of Biblical Hermeneutics, Jiri Moskala Jan 2011

The Validity Of The Levitical Food Laws Of Clean And Unclean Animals: A Case Study Of Biblical Hermeneutics, Jiri Moskala

Faculty Publications

No abstract provided.


The Question Of Identity For Iranian And Iranian-American Women In The American Diaspora, Danielle D. Williams Jan 2011

The Question Of Identity For Iranian And Iranian-American Women In The American Diaspora, Danielle D. Williams

Research Papers

No abstract provided.


Facilitating Coherence Across Qualitative Research Papers, Ronald J. Chenail, Maureen Duffy, Sally St. George, Dan Wulff Jan 2011

Facilitating Coherence Across Qualitative Research Papers, Ronald J. Chenail, Maureen Duffy, Sally St. George, Dan Wulff

The Qualitative Report

Bringing the various elements of qualitative research papers into coherent textual patterns presents challenges for authors and editors alike. Although individual sections such as presentation of the problem, review of the literature, methodology, results, and discussion may each be constructed in a sound logical and structural sense, the alignment of these parts into a coherent mosaic may be lacking in many qualitative research manuscripts. In this paper, four editors of The Qualitative Report present how they collaborate with authors to facilitate improvement papers' coherence in such areas as co-relating title, abstract, and the paper proper; coordinating the method presented with …


Acuril Xli: Proceedings From The Annual Conference: The Role Of Libraries And Archives In Disaster Preparedness, Response, And Research, Alicia K. Long, Vicki Gregory, Kathleen De La Peña Mccook Jan 2011

Acuril Xli: Proceedings From The Annual Conference: The Role Of Libraries And Archives In Disaster Preparedness, Response, And Research, Alicia K. Long, Vicki Gregory, Kathleen De La Peña Mccook

School of Information Faculty Publications

No abstract provided.


A Framework For The Extraction And Modeling Of Fact-Finding Reasoning From Legal Decisions: Lessons From The Vaccine/Injury Project Corpus, Vern R. Walker, Nathaniel Carie, Courtney C. Dewitt, Eric Lesh Jan 2011

A Framework For The Extraction And Modeling Of Fact-Finding Reasoning From Legal Decisions: Lessons From The Vaccine/Injury Project Corpus, Vern R. Walker, Nathaniel Carie, Courtney C. Dewitt, Eric Lesh

Hofstra Law Faculty Scholarship

This article describes the Vaccine/Injury Project Corpus, a collection of legal decisions awarding or denying compensation for health injuries allegedly due to vaccinations, together with models of the logical structure of the reasoning of the factfinders in those cases. This unique corpus provides useful data for formal and informal logic theory, for natural-language research in linguistics, and for artificial intelligence research. More importantly, the article discusses lessons learned from developing protocols for manually extracting the logical structure and generating the logic models. It identifies sub-tasks in the extraction process, discusses challenges to automation, and provides insights into possible solutions for …


Demands Of Dualism: Literacy And Content Area Instructional Beliefs In Alabama High Schools, Cindy Sager Adams Jan 2011

Demands Of Dualism: Literacy And Content Area Instructional Beliefs In Alabama High Schools, Cindy Sager Adams

All ETDs from UAB

The purpose of this quantitative study was to examine differences in content area teachers' general educational beliefs and their attitudes toward teaching reading in their social studies, science, and English language arts classrooms in Alabama high schools when both content area and teacher certificate levels were considered. Such a study is important because teachers work with students ill-prepared for the demands of required high school reading, upcoming college reading, or workplace literacy, in a state in which nearly 39% of its youth fail to graduate from high school. Nearly 80% of all Alabama grade 11 students read below the 50th …


Violating The Code: Inmates' Justifications For Failing To Uphold The Code, Anastasia Gwyn Brown Jan 2011

Violating The Code: Inmates' Justifications For Failing To Uphold The Code, Anastasia Gwyn Brown

All ETDs from UAB

Many theories have been created in hope of explaining why people deviate from societal norms to commit crimes. However, Elijah Anderson's Code of the Streets has recently grown in popularity as an explanation for street crime that construes criminal behavior more adequately than previous theories. Recent empirical evidence of researchers such as Anderson suggests the existence of an insidious street culture whose members identify themselves not with conventional norms, but instead with the standards of the street culture. To violate this street code would be to jeopardize self esteem and risk ostracism, further victimization, and often physical safety. However, people …


Exploration Of Attitudes Toward Individuals With Intellectual Disabilities, Stephanie Chopko Jan 2011

Exploration Of Attitudes Toward Individuals With Intellectual Disabilities, Stephanie Chopko

All ETDs from UAB

Individuals with disabilities, and with intellectual disabilities/mental retardation (ID/MR) in particular, have a long history of being overlooked in many different areas, including research, service provision, health care, education, and treatment. Recent research has suggested that the attitudes that are held by individuals in the general population toward individuals with ID/MR has not changed significantly over the past 50 years, both nationally and internationally. Attitudes can be powerful. Social psychologists have documented how the perception or attitude that an individual holds about another can lead to confirmation of that perception, even if it is not valid, by means of the …


Contracts, Consent, And Fate: Framing The Chinese Civil Service Examinations As Mechanisms Of Social Conditioning And Political Domination, Forrest Cale Mcsweeney Jan 2011

Contracts, Consent, And Fate: Framing The Chinese Civil Service Examinations As Mechanisms Of Social Conditioning And Political Domination, Forrest Cale Mcsweeney

All ETDs from UAB

Though the form of civil service examinations in pre-modern Imperial China was dynamic, their function was comparatively static. In every era, they were principally an institution designed to either assist or outright effect the creation of an economy of social hierarchy designed to ensure social an economic domination. This function changed only with respect to what kind of hierarchy was to be created: either aristocratic, gentry, or just as often ethnic. The exams' evolution culminated in an era of understood autocracy after the Song characterized by the state's structure as one ultimately tailored to enable the despotic rule of one …


The Graphic Novel: A Frontier Literary Form Edges Towards The English Classroom, Malgorzata Pflueger-Pieczynska Jan 2011

The Graphic Novel: A Frontier Literary Form Edges Towards The English Classroom, Malgorzata Pflueger-Pieczynska

All ETDs from UAB

Graphic novels, as not yet fully researched and examined forms under academia, suffer from their association in the public mind with the advertisement industry and cheap subject matter. This negative affiliation is especially popular in teachers' circles that use the graphic novel mostly as an instrument to improve reading skills rather than to present it as an extraordinary example of a frontier literary form. The graphic novel is one of many products that took off dynamically with the technological revolution using the visual as a communication's medium. Visual communication is not only one of the leading forms of passing information, …


How Do Proponents And Opponents Of The United Nations Convention On The Rights Of The Child Explain Their Views Regarding Children's Participatory Rights? A Multiple Case Study, Marilee Manning Ransom Jan 2011

How Do Proponents And Opponents Of The United Nations Convention On The Rights Of The Child Explain Their Views Regarding Children's Participatory Rights? A Multiple Case Study, Marilee Manning Ransom

All ETDs from UAB

The United Nations Convention on the Rights of the Child (CRC), an international human rights treaty, has been ratified by every State except the United States and Somalia. It contains enumerated rights, including five articles pertaining to children's participation rights such as the right to speech, privacy, association, and religion. Ratification of the CRC is controversial, particularly because religious and social conservatives deem the CRC potentially harmful to families. Major education groups are among the myriad of CRC supporters in the Untied States. Thus far, supporters have been unable to achieve ratification. The purpose of this multiple case study was …


Sacred Times: The Book Of Jubilees At Qumran, J. Amanda Mcguire Jan 2011

Sacred Times: The Book Of Jubilees At Qumran, J. Amanda Mcguire

Papers

Given the evidence that Jubilees was so influential at Qumran, this paper seeks to answer the following questions: How did the book of Jubilees understand sacred times in general and the Sabbath in particular? How did its sacred time theology affect the theology of the Qumran community? This paper will not contribute any novel or unique ideas regarding either Jubilees or the Qumran community, as such. It will, however, endeavor to bring the various facets of scholarship on the subjects together, making the relationship between the two more concrete.


Messianic Allusions Of Zechariah 13:6 Revisited, Ingram London Jan 2011

Messianic Allusions Of Zechariah 13:6 Revisited, Ingram London

Papers

This study seeks to demonstrate that the best way to understand Zech 13:6 is to locate the text within the larger structure of Zechariah in relation to parallel passages and the theological center of the larger context combined with careful textual analysis reveals that the text does indeed have at the very least messianic applications if not direct allusions whether primary or secondary.


Inverting Grice's Maxims To Learn Rules From Natural Language Extractions, Mohammed Shahed Sorower, Thomas Diettrich, Janardhan Rao Doppa, J. Walker Orr, Prasad Tadepalli, Xiaoli Fern Jan 2011

Inverting Grice's Maxims To Learn Rules From Natural Language Extractions, Mohammed Shahed Sorower, Thomas Diettrich, Janardhan Rao Doppa, J. Walker Orr, Prasad Tadepalli, Xiaoli Fern

Faculty Publications - Department of Electrical Engineering and Computer Science

We consider the problem of learning rules from natural language text sources. These sources, such as news articles and web texts, are created by a writer to communicate information to a reader, where the writer and reader share substantial domain knowledge. Consequently, the texts tend to be concise and mention the minimum information necessary for the reader to draw the correct conclusions. We study the problem of learning domain knowledge from such concise texts, which is an instance of the general problem of learning in the presence of missing data. However, unlike standard approaches to missing data, in this setting …