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2011

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Reading Culture And Nigeria’S Quest For Sustainable Development, Kingsley Nwadiuto Igwe Jan 2011

Reading Culture And Nigeria’S Quest For Sustainable Development, Kingsley Nwadiuto Igwe

Library Philosophy and Practice (e-journal)

The paper highlights the role of reading culture as an aspect of the educational system in the development of a nation. With Nigeria as the nation in focus, it laments the neglect of its education sector including libraries over the years in terms of funding and inadequate infrastructures for human resource development; and emphasizes on the fact that qualitative and functional education remains the focal point for development. The paper also enumerates constraints to the improvement of reading culture. Strategies for the improvement and development of reading culture in Nigeria were suggested, of which if implemented will see the country …

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Security And Crime Prevention In Academic Libraries: A Case Study Of The Kano State College Of Education, Kano, Nigeria, Andrew Leo Ogbonyomi Jan 2011

Security And Crime Prevention In Academic Libraries: A Case Study Of The Kano State College Of Education, Kano, Nigeria, Andrew Leo Ogbonyomi

Library Philosophy and Practice (e-journal)

The security and prevention of crimes in academic libraries have always been major concerns to the librarians of these libraries. Attempts of many authors to suggest solutions to these disturbing issues have not yielded the required solution. In this research work, the researcher looked into a case study of an institution, which is making frantic efforts to fight theft, mutilation, vandalism and defacement of its information materials. This research work discovered that poverty, carelessness and selfishness among the patrons of the Kano State College of Education Library are major causes of crimes in the library, while poor funding, inadequate staffing …

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Factors Affecting Student Use Of Information Technology: A Comparative Study Of Federal University Of Technology, Owerri And Niger Delta University, Amazoma, Joyce Chinyere Oyadonghan, Felix Mmanuoma Eke Jan 2011

Factors Affecting Student Use Of Information Technology: A Comparative Study Of Federal University Of Technology, Owerri And Niger Delta University, Amazoma, Joyce Chinyere Oyadonghan, Felix Mmanuoma Eke

Library Philosophy and Practice (e-journal)

A survey of two universities in Nigeria explored the use of information technology by students. Registered student users of FUTO and NDU library make adequate use of IT resources. However the return of duly completed questionnaire shows that 500 level students of FUTO and 400 level of students of NDU uses the IT in the library more than other levels as shown in table 1. The use of photocopying machine ranked highest amongst the student of both University. But a similar study on the use of internet and electronic resources by Dental science students at Baba Farid university of health …

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A Mixed Mode Analysis Of The Impact Of Requirement Volatility On Software Project Success, Rahul Thakurta Jan 2011

A Mixed Mode Analysis Of The Impact Of Requirement Volatility On Software Project Success, Rahul Thakurta

Journal of International Technology and Information Management

Requirement volatility has been identified as a significant risk factor behind software project success. This paper describes our findings of a 2-phase study comprising of interviews and surveys on the preparedness of organizations in managing requirement volatility and the resultant effect on project success and failure. Findings illuminate on the current level of awareness and management response to the problem of requirement volatility affecting software projects. The subjective treatment of project success/failure is brought out, and the association with requirement volatility is explored. Results are expected to lead to better governance mechanisms and improve project success rates under requirement volatility.

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A Hybrid Machine Learning System For Stock Market Forecasting, Lokesh Kumar, Anvita Pandey, Saakshi Srivastava, Manuj Darbari Jan 2011

A Hybrid Machine Learning System For Stock Market Forecasting, Lokesh Kumar, Anvita Pandey, Saakshi Srivastava, Manuj Darbari

Journal of International Technology and Information Management

A hybrid machine learning system based on Genetic Algorithm (GA) and Time Series Analysis is proposed. In stock market, a technical trading rule is a popular tool for analysts and users to do their research and decide to buy or sell their shares. The key issue for the success of a trading rule is the selection of values for all parameters and their combinations. However, the range of parameters can vary in a large domain, so it is difficult for users to find the best parameter combination. In this paper, we present the Genetic Algorithm (GA) to overcome the problem …

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Managing Virtual Team Performance: An Exploratory Study Of Social Loafing And Social Comparison, Limin Zhang, Fang Chen, Joseph Latimer Jan 2011

Managing Virtual Team Performance: An Exploratory Study Of Social Loafing And Social Comparison, Limin Zhang, Fang Chen, Joseph Latimer

Journal of International Technology and Information Management

This study investigates the effects of social comparison and social loafing on virtual team performance when teams engage in asynchronous ideation process. The results of the study suggest that the effects of social comparison and social loafing co-exist in virtual teams. Team members may choose to engage in different behaviors (social loafing vs. social comparison) in different team interactions. Furthermore, team members tend to elaborate on the ideas generated by co-workers. As a result, teams with less social loafing will produce richer elaboration on ideas generated.

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Throwing Precaution To The Wind: Nepa And The Deepwater Horizon Blowoutthrowing Precaution To The Wind: Nepa And The Deepwater Horizon Blowout, Robert L. Glicksman, Sandra Zellmer, Joel Mintz Jan 2011

Throwing Precaution To The Wind: Nepa And The Deepwater Horizon Blowoutthrowing Precaution To The Wind: Nepa And The Deepwater Horizon Blowout, Robert L. Glicksman, Sandra Zellmer, Joel Mintz

GW Law Faculty Publications & Other Works

On April 20, 2010, BP’s Deepwater Horizon oil platform blew up. Eleven workers were killed in the explosion. When the platform sank to the bottom of the Gulf of Mexico two days later, oil erupted out of the riser - a 5,000-foot pipe connecting the platform to the well on the ocean floor. After a number of failed attempts to stop the leak, BP eventually capped the well in July, three months after the explosion. Nearly 5,000,000 barrels of oil were released into the Gulf, making the Deepwater Horizon the largest offshore oil spill in world history. In this paper, …

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Government Governance And The Need To Reconcile Government Regulation With Board Fiduciary Duties, Lisa M. Fairfax Jan 2011

Government Governance And The Need To Reconcile Government Regulation With Board Fiduciary Duties, Lisa M. Fairfax

GW Law Faculty Publications & Other Works

Corporate governance scandals inevitably raise concerns about the extent to which corporate directors failed in their responsibility to monitor the corporation and its managers, especially in terms of the latter's’ misdeeds. Corporate governance reforms strive to shore up directors' roles by seeking to ensure that boards have sufficient incentives to engage in effective oversight and to hold the boards more accountable. The current financial crisis has ushered in an era of significant government reform of the financial system and involvement in corporate governance matters. Such involvement has increased board of directors' responsibilities but has not reconciled those responsibilities with board …

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Building Better Bailouts: The Case For A Long-Term Investment Approach, Jeffrey Manns Jan 2011

Building Better Bailouts: The Case For A Long-Term Investment Approach, Jeffrey Manns

GW Law Faculty Publications & Other Works

The Article seeks to fill a crucial gap in the Dodd-Frank Wall Street Reform and Consumer Protection Act: the failure to create a framework for dealing with future financial bailouts. It argues that the federal government’s ad hoc, “break even” approach to the recent bailouts not only shortchanged taxpayers, but more importantly failed to provide deterrence against the type of reckless risk-taking that led to the financial crisis. This Article argues that the key to legitimizing future bailouts and limiting moral hazard is to institutionalize a long-term investment-oriented approach that delineates clear contours and conditions for aid. It calls for …

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The Changing Face Of Legal Education: Its Impact On What It Means To Be A Lawyer, Thomas D. Morgan Jan 2011

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.

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Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan Jan 2011

Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan

GW Law Faculty Publications & Other Works

It is appropriate to want lawyers to be mature, moral people and to help legal education reinforce those qualities. It is also appropriate to be sure students understand lawyers’ fiduciary responsibilities and the ways lawyers fall short of meeting them. It only confuses work on those issues, however, to call them part of teaching "professionalism." Law is not a "profession" as that term has traditionally been used. Calling law a profession does not help understanding the challenges lawyers face.

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What Should We Do About Administrative Law Judge Disability Decisionmaking?, Richard J. Pierce Jr Jan 2011

What Should We Do About Administrative Law Judge Disability Decisionmaking?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

The Social Security Advisory Board, the Congressional Budget Office, and independent researchers at MIT and the University of Maryland have concluded that the Social Security disability programs have become excessively generous and fiscally unsustainable. The percentage of the population that has been determined to be disabled has doubled, the cost of the programs has increased over four-fold, and the programs are predicted to have exhausted their funding sources by 2018. All of the studies attribute the looming crisis in this area in large measure to Social Security Administration (SSA) Administrative Law Judges (ALJs).

In this article, Professor Pierce argues that …

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What Should We Do About Social Security Disability Appeals?, Richard J. Pierce Jr Jan 2011

What Should We Do About Social Security Disability Appeals?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

Applicants for Social Security Disability benefits whose applications have twice been rejected can appeal that decision to one of the agency’s administrative law judges (ALJs). The appeals process is heavily weighted in the applicant’s favor: the agency is not represented in the appeal hearing, all government employees participating in the hearing have a duty to assist the applicant, the ALJ himself does not have medical expertise, and as a practical matter ALJ decisions are final. As a result, appellants have an extremely high success rate before ALJs, even though agency analyses indicate that a large number of these successful appellants …

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A Primer On Demand Response And A Critique Of Ferc Order 745, Richard J. Pierce Jr Jan 2011

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.

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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 …

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Nothing To Hide: The False Tradeoff Between Privacy And Security (Introduction), Daniel J. Solove Jan 2011

Nothing To Hide: The False Tradeoff Between Privacy And Security (Introduction), Daniel J. Solove

GW Law Faculty Publications & Other Works

"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so.

In addition to attacking the "Nothing-to Hide Argument," Solove exposes the fallacies of pro-security arguments that have often been used to justify government surveillance and data mining. These arguments - such as the "Luddite Argument,"the "War-Powers Argument," the "All-or-Nothing …

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The Pii Problem: Privacy And A New Concept Of Personally Identifiable Information, Daniel J. Solove, Paul M. Schwartz Jan 2011

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 …

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Privacy Law Fundamentals, Daniel J. Solove, Paul M. Schwartz Jan 2011

Privacy Law Fundamentals, Daniel J. Solove, Paul M. Schwartz

GW Law Faculty Publications & Other Works

"Privacy Law Fundamentals" is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases. Included here for download are The Table of Contents and Chapter 1.

The book explains the major provisions of all of the major privacy statutes, regulations, cases, including state privacy laws and FTC enforcement actions. It provides numerous charts and tables summarizing the privacy statutes (i.e. statutes with private rights of action, preemption, and liquidated damages, among other things). Topics covered include: the media, domestic law enforcement, national security, government …

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The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle Jan 2011

The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper, prepared for a Symposium at the Benjamin Cardozo School of Law to mark the 20th anniversary of the Supreme Court’s decision in Employment Division v. Smith, focuses on the constitutionally appropriate forms for, and limits on, government protection of religious freedom. Part I articulates in general terms the primary constitutional strategy of mandatory accommodations – protection of religion and its secular analogues in matters of speech, association, and equality – and the limits on such accommodations, with an emphasis on a jurisdictional limit to the state’s capacity to decide questions of religious significance. Part II extends this concept …

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The Dodd-Frank Act: A Flawed And Inadequate Response To The Too-Big-To-Fail Problem, Arthur E. Wilmarth Jr. Jan 2011

The Dodd-Frank Act: A Flawed And Inadequate Response To The Too-Big-To-Fail Problem, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") was enacted in July 2010. Dodd-Frank's preamble proclaims that one of the statute's primary purposes is to "end 'too big to fail' [and] to protect the American taxpayer by ending bailouts." Dodd-Frank does contain useful reforms, including potentially favorable alterations to the supervisory and resolution regimes for systemically important financial institutions ("SIFIs"). However, Dodd-Frank falls far short of the fundamental reforms that would be needed to eliminate (or at least greatly reduce) the public subsidies that are currently exploited by "too big to fail" ("TBTF") financial institutions.

After briefly describing …

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The Draft Oci Rule - New Directions And The History Of Fear, Christopher R. Yukins Jan 2011

The Draft Oci Rule - New Directions And The History Of Fear, Christopher R. Yukins

GW Law Faculty Publications & Other Works

After years of rancor and debate, the Office of Federal Procurement Policy and the FAR Councils in April 2011 finally issued a proposed revision to the regulations governing organizational conflict of interests (OCIs) in federal procurement. The proposed rule marked an extraordinary change of direction - in some ways, it would reorder policy priorities built up over years of case law - but also may have reflected the drafters’ nagging ambivalence about the new direction. The proposed OCI rule marked a significant change in direction in part because policymakers’ core concerns - their core fears concerning conflicts of interest - …

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The Dodd-Frank Act's Expansion Of State Authority To Protect Consumers Of Financial Services, Arthur E. Wilmarth Jr. Jan 2011

The Dodd-Frank Act's Expansion Of State Authority To Protect Consumers Of Financial Services, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) created the Consumer Financial Protection Bureau (CFPB) and delegated to CFPB the combined rulemaking and enforcement authorities of seven federal agencies that previously were responsible for protecting consumers of financial services. Congress decided to establish a single federal authority dedicated to consumer financial protection after federal banking agencies failed to protect American homeowners from unsound and predatory lending practices during the housing boom that occurred between 2001 and 2006. Federal regulators allowed lenders to make more than 10 million high-risk mortgages during those years. When the housing bubble burst in …

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International Law And Domestic Legal Systems: Incorporation, Transformation, And Persuasion (Introduction), Dinah L. Shelton Jan 2011

International Law And Domestic Legal Systems: Incorporation, Transformation, And Persuasion (Introduction), Dinah L. Shelton

GW Law Faculty Publications & Other Works

This book discusses developments in international law and their relationship to national legal systems. The introduction of the book notes that countries who received their independence from authoritarian regimes are more receptive to international law. A country may adopt either a monist approach to international law, where it considers international law part of its domestic law, or a dualist approach, in which a country separates its national law from international law. The introduction then proceeds to identify sources of international law, including treaties and countries’ methods of complying, customary international law, and declarations. The introduction concludes by noting the increasing …

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The Legal Status Of Normative Pronouncements Of Human Rights Treaty Bodies, Dinah L. Shelton Jan 2011

The Legal Status Of Normative Pronouncements Of Human Rights Treaty Bodies, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This essay examines international human rights treaties and the statements that tribunals and other organizations make about them. Next, the essay discusses the general non-binding nature of treaties and describes use of General Comments and other interpretive statements. The essay concludes that increasing unofficial commentary on human rights organs’ decisions and increased compliance will encourage more states to comply and make it “increasingly difficult for a single state to hold out.”

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Postmortem Life On-Line, Naomi R. Cahn Jan 2011

Postmortem Life On-Line, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This article briefly explores the status of online assets once the owner becomes incapacitated or dies. It provides practical suggestions on how to marshal assets and ensure that they are appropriately handled, while also addressing some of the underlying theoretical issues involved in the relationship between online life and death.

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Masculinities And Child Soldiers In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain Jan 2011

Masculinities And Child Soldiers In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain

GW Law Faculty Publications & Other Works

A fairly substantial amount of literature has been generated over the years regarding the forms of masculinity that emerge in times of armed conflict and war. This war-focused literature (which links to, among other things, masculinities studies) has drawn from broader theoretical research identifying an organic link between patriarchy, its contemporary manifestations, and various forms of masculinity as they arise within societies and institutions. It builds on, and extends, the more general scholarship that has deepened our understanding of how masculinities are constructed and differentiated. While the war literature has made significant conceptual and practical use of the term "masculinity" …

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Linking Gender Security With The Armed Conflict To Peace Continuum, Naomi R. Cahn, Fionnuala D. Ni Aolain, Dina Francesca Haynes Jan 2011

Linking Gender Security With The Armed Conflict To Peace Continuum, Naomi R. Cahn, Fionnuala D. Ni Aolain, Dina Francesca Haynes

GW Law Faculty Publications & Other Works

In the immediate aftermath of armed conflict, security is critical to the possibility that refugees, displaced persons, and former combatants will return home, that the rule of law can be established, and that the state can move forward positively. Security in a post-conflict society is critical to preventing further conflict. Available empirical evidence suggests that conflicts are highly cyclical and for societies experiencing internal conflict there is up to a 50% risk that conflict will again reignite. Security issues are at the heart of the reconstruction process for the local population, national leaders, and the international community. Security is also …

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Old Lessons For A New World: Applying Adoption Research And Experience To Art, Naomi R. Cahn Jan 2011

Old Lessons For A New World: Applying Adoption Research And Experience To Art, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This article suggests that knowledge derived from adoption-related research and experience can be used to improve law, policy and practice in the world of assisted reproductive technologies (ART), particularly with respect to sperm, egg and embryo "donations." While there are numerous and significant differences between adoption and ART, the article identifies several areas in which adoption's lessons could be useful. These include secrecy and the withholding of information; a focus on the best interests of children; the creation of "nontraditional" families, particularly as more single, gay and lesbian adults use ART; the impact of market forces; and legal and regulatory …

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Marriage, Parentage And Child Support, Naomi R. Cahn, June Carbone Jan 2011

Marriage, Parentage And Child Support, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

While child support calculations have become a matter of routine, the parental determinations, on which they rest, have not. Marriage once served as a system to channel childrearing into two-parent families. Within this system, the marital presumption discouraged efforts to inquire too closely into circumstances that might rebut a husband’s paternity and the stigma against non marital births and divorce eliminated much of the need for such determinations. Today, forty-one percent of American births are non marital and Americans lead the world in family instability. Yet, no comprehensive system has arisen to replace marriage or the marital presumption. This articles …

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Problems In Climate Change And Human Rights, Dinah L. Shelton Jan 2011

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 …

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