Digital Commons Network^™

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 …

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, …

Exploring The Effects Of Environmental Factors, Policy, And Enforcement On Student Alcohol Use At The Univeristy Of Mississippi, William Curtis Mcgehee

Honors Theses

This work explores environmental factors related to student binge drinking at the University of Mississippi by using existing data from surveys, lawas, and student information at the University of Mississippi in hopes to identify alternative means of approaching the problem of student bing drinking. Findings include that a lack of presence of minority students, absence of on-campus housing for non-freshman students, and few well-advertised opportunities for community service may adversely affect bing drinking efforts at the University.

A Comparison And Cooperative Utilization Of Møller–Plesset Perturbation Theory And B3lyp Density Functional Theory On Weakly Bound Structures, Joshua Ryan Smith

Honors Theses

Harold Burson is the founder of Burson-Marsteller, a New York-based public relations firm, and has been recognized by PRWeek as "the century's most influential PR figure." He has received numerous awards from different organizations, run one of the largest public relations firm in the world, helped the field of public relations become a prominent profession and was one of the first individuals to push for international firms among other things. This thesis tries to reveal why so many see Harold Burson as a leader who has revolutionized the field. This is accomplished through interviewing friends, colleagues and family of Harold …

A New Legal Theory To Test Executive Pay: Contractual Unconscionability, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Lucrative pay to corporate managers remains controversial yet continues to evade judicial scrutiny for legitimacy. Although many arrangements likely would pass the most rigorous scrutiny, it seems equally clear that some would not. Some agreements are not the product of arm’s-length bargaining, can rivet managers on short-term stock prices at the destruction of long-term business value, and can misalign manager-shareholder interests. Yet even such objectionable arrangements are immune from serious legal oversight. In theory, they are open to judicial review under corporate law, but shareholders challenging pay contracts face formidable procedural hurdles in derivative litigation and substantive obstacles from corporation …

Rhetoric Versus Reality In Arbitration Jurisprudence: How The Supreme Court Flaunts And Flunks Contracts (And Why Contracts Teachers Need Not Teach The Cases), Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Supreme Court rhetoric about the role of contracts and contract law in arbitration jurisprudence differs sharply from the reality of its applications. In the name of contracts, the Court administers a self-declared national policy favoring arbitration, a policy directly benefiting the judicial branch of government. This often puts the Court’s preferences ahead of those of contracting parties while declaring its mission as solely to enforce contracts in accordance with contract law. The Court thus cloaks in the rhetoric of volition a policy in tension with constitutionally-pedigreed access to justice and venerable principles of federalism.

This Article documents the rhetoric-reality gap …

Removing Property From Intellectual Property And (Intended?) Pernicious Impacts On Innovation And Competition, F. Scott Kieff

GW Law Faculty Publications & Other Works

Commentators have poured forth a loud and sustained outcry over the past few years that sees property rule treatment of intellectual property (IP) as a cause of excessive transaction costs, thickets, anticommons, hold-ups, hold-outs, and trolls, which unduly tax and retard innovation, competition, and economic growth. The popular response has been to seek a legislative shift towards some limited use of weaker, liability rule treatment, usually portrayed as “just enough” to facilitate transactions in those special cases where the bargaining problems are at their worst and where escape hatches are most needed. This essay is designed to make two contributions. …

Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, F. Scott Kieff, Richard A. Epstein

GW Law Faculty Publications & Other Works

Many advocates for using compulsory licensing (“CL”) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this paper we take issue with that proposition on several grounds. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this …

The Ftc, Ip, And Ssos: Government Hold-Up Replacing Private Coordination, F. Scott Kieff, Richard A. Epstein, Daniel F. Spulber

GW Law Faculty Publications & Other Works

In its recent report entitled “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream …

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, …

The Rise And Fall Of Comparative Constitutional Law In The Postwar Era, David Fontana

GW Law Faculty Publications & Other Works

In the first few decades after World War II, comparative constitutional law rose to a prominent position in American law schools, only to disappear in many ways in the years after the Warren Court in part because of the Court’s decisions. During the years after World War II, Justices of the Supreme Court (from William Douglas to Felix Frankfurter to Earl Warren) and deans of major American law schools (like Harvard Law School Dean and later Nixon Solicitor General Erwin Griswold) traveled the country and the world encouraging everyone to examine the constitutional law of other countries. Law reviews featured …

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 …

Making Good Use Of Adaptive Management, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Over the last two decades, natural resource scientists, managers, and policymakers have increasingly endorsed “adaptive management” of land and natural resources. Indeed, this approach, based on adaptive implementation of resource management and pollution control laws, is now mandated in a variety of contexts at the federal and state level. Yet confusion remains over the meaning of adaptive management, and disagreement persists over its usefulness or feasibility in specific contexts. This white paper is intended to help legislators, agency personnel, and the public better understand and use adaptive management. Adaptive management is not a panacea for the problems that plague natural …

Solar Energy Development On The Federal Public Lands: Environmental Trade-Offs On The Road To A Lower-Carbon Future, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The federal government has endorsed more extensive use of the federal public lands for the production of solar power, both to reduce the greenhouse gas emissions that contribute to climate change and to bolster the security of domestic energy supplies. Spurred by grant money made available under the American Recovery and Reinvestment Act of 2009, the Bureau of Land Management (BLM) in 2010 approved nine utility-scale solar projects on public lands in California and Nevada. These projects were designed to avoid adversely affecting the habitats of endangered and threatened species that frequent the desert southwest and cultural resources important to …

Quantitative Carré Differential Interference Contrast Microscopy To Assess Phase And Amplitude, Donald D. Duncan, David G. Fischer, Amanda Dayton, Scott A. Prahl

Electrical and Computer Engineering Faculty Publications and Presentations

We present a method of using an unmodified differential interference contrast microscope to acquire quantitative information on scatter and absorption of thin tissue samples. A simple calibration process is discussed that uses a standard optical wedge. Subsequently, we present a phase-stepping procedure for acquiring phase gradient information exclusive of absorption effects. The procedure results in two-dimensional maps of the local angular (polar and azimuthal) ray deviation. We demonstrate the calibration process, discuss details of the phase-stepping algorithm, and present representative results for a porcine skin sample.

The Effect Of High Dose Total Body Irradiation On Acth, Corticosterone, And Catecholamines In The Rat, Eric P. Cohen, Eric D. Bruder, William E. Cullinan, Dana R. Ziegler, Hershel Raff

Biomedical Sciences Faculty Research and Publications

Total body irradiation (TBI) or partial body irradiation is a distinct risk of accidental, wartime, or terrorist events. Total body irradiation is also used as conditioning therapy before hematopoietic stem cell transplantation. This therapy can result in injury to multiple tissues and might result in death as a result of multiorgan failure. The hypothalamic–pituitary–adrenal (HPA) axis could play a causative role in those injuries, in addition to being activated under conditions of stress. In a rat model of TBI, we have established that radiation nephropathy is a significant lethal complication, which is caused by hypertension and uremia. The current study …

A Pilot Study Assessing The Value Of An “Educational Hospitalist” In An Obgyn Residency Program, Joseph E. Patruno Md, Craig Koller M.Ed, Kara Coassolo Md, Meredith L. Rochon Md, Thomas Hutchinson Md

Department of Obstetrics & Gynecology

No abstract provided.

Can Non-Invasive Sampling Determine The Inflammatory Status Of The Intra-Uterine Environment?, Daniel G. Kiefer Md, Sean M. Keeler Md, Jolene C. Muscat Md, Michael Demishev Md, Anthony M. Vintzileos Md, Nazeeh Hanna Md

Department of Obstetrics & Gynecology

No abstract provided.

Induction Of Labor With Oxytocin: When Should Oxytocin Be Held?, Liany C. Diven Md, Julia Gogle Rn, Meredith Rochon Md, Sherrine Eid Mph3, John C. Smulian Md,Mph, Joanne N. Quiñones Md, Msce

Department of Obstetrics & Gynecology

No abstract provided.

Midtrimester Dilation And Evacuation (D&E) Versus Prostaglandin Induction: A Comparison Of Composite Outcomes (Poster), Kari A. Whitley Md, Meredith L. Rochon Md, Kevin Trinchere, Wendy Prutsman Msn, Crnp

Department of Obstetrics & Gynecology

No abstract provided.

Preterm Labor: Can The Initial Cervical Dilation Predict Gestational Age At Delivery?, Olga E. Jackson Md, Mph, Joanne N. Quiñones Md, Msce

Department of Obstetrics & Gynecology

No abstract provided.

A Cost Analysis Of Postoperative Pain Management In Endometrial Cancer Patients: Robotic Department Of Surgery Vs. Laparoscopy Department Of Surgery, Martin A. Martino Md, Jocelyn Shubella, Rachel Miller Pa-C, Joycelyn C. Schindler Md, Sharon R. Kimmel Phd, Mha, Shamol Williams Msii, Richard Boulay Md, M Bijoy Thomas Md

Department of Obstetrics & Gynecology

No abstract provided.

Ethical Leadership And Good Governance In Nigerian Local Governments, Bartholomew Okechukwu Okagbue

Walden Dissertations and Doctoral Studies

Research literature identifies ethical leadership, a leadership grounded in ethical norms and practice, as a critical vehicle for achieving organizational goals and fostering good governance. However, little research on leadership has focused on the public sector, leaving a gap in the literature. Leadership in governance is a concern in local government in Nigeria; in spite of the 1976 reforms, the country still lacks good governance and corresponding socioeconomic development. The purpose of this qualitative case study was to explore an ethical leadership model, and determine how such a model could inspire and sustain good governance in Nigerian local government administration. …

A Case Study Of Primary Healthcare Services In Isu, Nigeria, Raymond Ogu. Chimezie

Walden Dissertations and Doctoral Studies

Access to primary medical care and prevention services in Nigeria is limited, especially in rural areas, despite national and international efforts to improve health service delivery. Using a conceptual framework developed by Penchansky and Thomas, this case study explored the perceptions of community residents and healthcare providers regarding residents' access to primary healthcare services in the rural area of Isu. Using a community-based research approach, semistructured interviews and focus groups were conducted with 27 participants, including government healthcare administrators, nurses and midwives, traditional healers, and residents. Data were analyzed using Colaizzi's 7-step method for qualitative data analysis. Key findings included …

Content Area Literacy: Relationship Between Lesson Design And Professional Development, Jodi Owens-Kristenson

Walden Dissertations and Doctoral Studies

Despite Minnesota's investment in professional development in content area literacy, secondary students are not showing expected literacy gains. A lack of literacy proficiency limits future options for students. The purpose of this study was to examine content-area literacy strategy inclusion and its relationship to professional development in the context of complexity theory, efficacy theory, transformational learning theory, structured teaching, and constructivism. A cross-section correlation survey research study was conducted to investigate the relationship of time spent in systematic professional development, type of professional development, rate of strategy inclusion, and confidence in literacy strategy inclusion in lesson design. Convenience sampling was …

Values, Perceptions, Conceptions, And Peacebuilding: A Case Study In A Mexico City Neighborhood, Mauricio Meschoulam

Walden Dissertations and Doctoral Studies

Mexico is not a country at peace. Despite the government's fight to restore stability, violence has erupted since 2006 in several areas of the territory. According to Vygotsky's social constructivism and to Galtung's integral perspective of peace, some elements of peacelessness are informed by values, perceptions, and conceptions about violence and peace. These topics have not been qualitatively investigated in Mexico. The purpose of this case study was to explore the process involving the social construction of values, perceptions, and conceptions in regard to organized criminal violence and peace possibilities in Mexico. Research questions focused on the role of mass …

Increasing Students' Academic Involvement: Chilean Teacher Engagement With Learners In Blended English As A Foreign Language Courses, Christopher P. Johnson

Walden Dissertations and Doctoral Studies

Learning English as a foreign language (EFL), a highly valued skill in the Chilean marketplace, is an arduous and complex personal endeavor requiring high student motivation. Reflecting this challenge is the heightened anxiety among EFL students, whose work has been associated with historically meager results. Blended learning, the fusion of face-to-face and online content delivery and assessment, offers a promising solution to EFL learner reticence. Evidence suggests that an active online teacher presence in a blended EFL course can enhance student engagement. The purpose of this study was to discover the perceptions of EFL instructional specialists concerning (a) student involvement …

Emotional Support In Managing Cardiovascular Diseases Among Hispanic And Non- Hispanic Menopausal Women, Claudette Andrea

Walden Dissertations and Doctoral Studies

Effective recognition and proper treatment of cardiovascular diseases (CVDs) in Hispanic woman is a public health problem that needs further investigation. Guided by the stress and coping social support theory, the purpose of this cross-sectional survey study was to examine the relationship between attitudes, emotional support, and the perception of success in managing cardiovascular diseases (CVDs) in 335 Hispanic women living in Atlanta, Georgia. Correlations, independent-sample t tests, simple linear regression, and multiple linear regressions showed ethnicity as a moderating variable between the perception of success in handling CVD and emotional support, while emotional support was shown to be a …

Barriers To Healthcare Access For Members Of The Bronx Ghanaian Immigrant Muslim Community In New York City, Adam A. Musah

Walden Dissertations and Doctoral Studies

Cultural beliefs on healthcare in the 21st century by the African immigrants in the United States have contributed to the severity of illnesses in their communities. The results of this research identified the healthcare barriers experienced by members of the Bronx Ghanaian Immigrant Muslim Community (BGIMC) in New York City. The purpose of this research was to investigate the influence of education, immigration status, health insurance status, and cultural beliefs on the BGIMC members' perceived access and willingness to use healthcare services for various ailments. A sample of 156 male and female members of the BGIMC completed the survey questionnaire. …

Responses Of Successful Latina Students To Academic Challenges Of Prerequisite Nursing Courses, Julie Wiggins Nadeau

Walden Dissertations and Doctoral Studies

Nursing schools struggle to prepare enough nurses to meet the health care needs of a diverse and aging population in the United States. Many students do not complete their degrees, contributing to the problem. The purpose of this qualitative study was to explore and describe how successful Latina students experience and respond to the academic challenges of prerequisite nursing courses. The nursing shortage; healthcare needs of Hispanic patients; student outcomes; self-efficacy, achievement goal orientation, and academic help-seeking; and Hispanic cultural values framed the study. Using semistructured private interviews, the researcher explored the lived experiences of 6 successful Latina students when …