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2012

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Kiobel, Subject Matter Jurisdiction, And The Alien Tort Statute, Bradford R. Clark Jan 2012

Kiobel, Subject Matter Jurisdiction, And The Alien Tort Statute, Bradford R. Clark

GW Law Faculty Publications & Other Works

The Supreme Court is currently reviewing the Second Circuit’s decision in Kiobel v. Royal Dutch Petroleum, a case holding that federal courts lack jurisdiction under the Alien Tort Statute (“ATS”) over claims against corporations. Although the parties have focused on issues of corporate liability under the ATS, there is a logically antecedent question of subject matter jurisdiction that the Court should decide before considering corporate liability. All of the parties in Kiobel — whether corporate or individual — are aliens. Understood in its full legal and historical context, the ATS was a jurisdictional statute that did not apply to suits …


The Law Of Nations As Constitutional Law, Bradford R. Clark, Anthony J. Bellia Jr. Jan 2012

The Law Of Nations As Constitutional Law, Bradford R. Clark, Anthony J. Bellia Jr.

GW Law Faculty Publications & Other Works

Courts and scholars continue to debate the status of customary international law in U.S. courts, but have paid insufficient attention to the role that such law plays in interpreting and upholding several specific provisions of the Constitution. The modern position argues that courts should treat customary international law as federal common law. The revisionist position contends that customary international law applies only to the extent that positive federal or state law has adopted it. Neither approach adequately takes account of the Constitution’s allocation of powers to the federal political branches in Articles I and II or the effect of these …


The Benefits To Be Derived From Post-Negotiation Assessments, Charles B. Craver Jan 2012

The Benefits To Be Derived From Post-Negotiation Assessments, Charles B. Craver

GW Law Faculty Publications & Other Works

Lawyers negotiate regularly, but few ever take the time when they have completed such critical interactions to ask themselves how they did. If they hope to improve their bargaining capabilities, they should take a few minutes after their more significant interactions to ask themselves some basic questions. Were they thoroughly prepared, and did they establish elevated but realistic aspirations? How did the negotiation stages develop? What bargaining techniques did they employ, and how did they counteract the tactics used by the other side? What did they do that they wished they had not done? What did they not do that …


Outsourcing Covert Activities, Laura T. Dickinson Jan 2012

Outsourcing Covert Activities, Laura T. Dickinson

GW Law Faculty Publications & Other Works

Over the past decade, the United States has radically shifted the way it projects its power overseas. Instead of using full-time employees of foreign affairs agencies to implement its policies, the government now deploys a wide range of contractors and grantees, hired by both for-profit and nonprofit entities. Thus, while traditionally we relied on diplomats, spies, and soldiers to protect and promote our interests abroad, increasingly we have turned to hired guns. Contrast the first Gulf War to later conflicts in Iraq and Afghanistan. During the Gulf War the ratio of contractors to troops was 1 to 100; now, with …


Reflections On The Federal Procurement Landscape, Daniel I. Gordon Jan 2012

Reflections On The Federal Procurement Landscape, Daniel I. Gordon

GW Law Faculty Publications & Other Works

This paper, published in the Government Contractor, presents the reflections on the author's service as the Administrator for Federal Procurement Policy from 2009 through 2011. The author identifies his three goals for his tenure as Administrator: strengthening the federal acquisition workforce, driving fiscal responsibility in federal acquisition, and rebalancing the relationship with contractors. The author points to reversal of several negative trends, in particular, decline in the size of the federal acquisition workforce during the years 1992-2009, unsustainable annual increases in procurement spending during those years, and an unhealthy overreliance on contractors in performance of key government functions. In each …


A Site Of Alcohol Action At The Nmda Receptor M3-M4 Domain Interface, Hong Ren, Yuanhao Zhao, D.S Dwyer, Robert W. Peoples Jan 2012

A Site Of Alcohol Action At The Nmda Receptor M3-M4 Domain Interface, Hong Ren, Yuanhao Zhao, D.S Dwyer, Robert W. Peoples

Biomedical Sciences Faculty Research and Publications

The N-methyl-D-aspartate (NMDA) glutamate receptor is a major target of ethanol in the brain. Previous studies have identified positions in the third and fourth membrane-associated (M) domains of the NMDA receptor GluN1 and GluN2A subunits that influence alcohol sensitivity. The structural model of the NMDA receptor, predicted from the structure of the related GluA2 subunit, indicates a close apposition of the alcohol-sensitive positions in M3 and M4 between the two subunit types. We investigated possible interactions between the M3 and M4 domain positions of the two subunit types affecting the ethanol sensitivity of the receptor by using dual substitution mutants. …


Modeling Collective Dynamics Of Social Systems: Incorporating Various Social Mechanisms Into Agent-Based Models, Dene L. Farrell Jan 2012

Modeling Collective Dynamics Of Social Systems: Incorporating Various Social Mechanisms Into Agent-Based Models, Dene L. Farrell

Graduate Dissertations and Theses

I present three original papers demonstrating complex behavior arising from collective dynamics in agent-based models (ABM) focusing on evolutionary and cognitive mechanisms. The first report demonstrates the coupled emergence of cooperation and selfish punishment behavior in groups of individuals playing an iterated public goods game. The second report demonstrates the effects of mental modeling within groups of decision makers. The third report demonstrates a synthesis of evolutionary and cognitive mechanisms.


Black American Intergenerational Perspectives On Education, Black Identity And Whiteness: A Socio-Cultural And Historical Analysis, Denise G. Yull Jan 2012

Black American Intergenerational Perspectives On Education, Black Identity And Whiteness: A Socio-Cultural And Historical Analysis, Denise G. Yull

Graduate Dissertations and Theses

The aims of this study are to explore the socio-cultural contexts and experiences of Black Americans and their perspectives on the quality and value of education in their lives and to better understand how the socio-historical idea that Blacks are inferior has influenced the perception and disenfranchisement of Black youth in the U.S. educational system. This dissertation presents a qualitative study, incorporating historical documents and oral history interviews to collect first person accounts of the educational experiences of 53 Black people reflecting 4 different generations. The study found differences in the salience of race/racism in schools for individuals based on …


Delineating Interpersonal Communication Networks: A Study Of The Diffusion Of An Intervention Among Female Entertainment Workers In Shanghai, China, Yiyun Chen, Carl Latkin, David D. Celentano, Xiushi Yang, Xiaoming Li, Guomei Xia Jan 2012

Delineating Interpersonal Communication Networks: A Study Of The Diffusion Of An Intervention Among Female Entertainment Workers In Shanghai, China, Yiyun Chen, Carl Latkin, David D. Celentano, Xiushi Yang, Xiaoming Li, Guomei Xia

Sociology & Criminal Justice Faculty Publications

Diffusion of innovation (DOI) is widely cited in the HIV behavior change literature; however there is a dearth of research on the application of DOI in interventions for sex workers. Following a randomized-controlled trial of HIV risk reduction among female entertainment workers (FEWs) in Shanghai, China, we used qualitative approaches to delineate potential interpersonal communication networks and contributing factors that promote diffusion of information in entertainment venues. Results showed that top-down communication networks from the venue owners to the FEWs were efficient for diffusion of information. Mammies/madams, who act as intermediaries between FEWs and clients form an essential part of …


Central American-Americans In The Second Decade Of The Twenty-First Century: Old Scars, New Traumas, Disempowering Travails, Arturo Arias Jan 2012

Central American-Americans In The Second Decade Of The Twenty-First Century: Old Scars, New Traumas, Disempowering Travails, Arturo Arias

Diálogo

No abstract provided.


El No Regreso Del Regreso, Cynthia Meléndrez Jan 2012

El No Regreso Del Regreso, Cynthia Meléndrez

Diálogo

No abstract provided.


Poemas, Diego Aguilar Jan 2012

Poemas, Diego Aguilar

Diálogo

Includes "Olvido", "Recuerdo", and "Mausoleo"


Border Cross Warning: We Are Not Responsible For Items Lost During Your Oppression. My Forged Identities Speaking Back., Silvia Patricia Solís Jan 2012

Border Cross Warning: We Are Not Responsible For Items Lost During Your Oppression. My Forged Identities Speaking Back., Silvia Patricia Solís

Diálogo

No abstract provided.


Exilio Y Cárcel, Hilda Chacón Jan 2012

Exilio Y Cárcel, Hilda Chacón

Diálogo

No abstract provided.


About Memoria(Memory), Bibiana Suárez Jan 2012

About Memoria(Memory), Bibiana Suárez

Diálogo

No abstract provided.


From The Editor, Elizabeth Coonrod Martínez Jan 2012

From The Editor, Elizabeth Coonrod Martínez

Diálogo

No abstract provided.


Karla Suárez, Silente Viajera, Mabel Cuesta Jan 2012

Karla Suárez, Silente Viajera, Mabel Cuesta

Diálogo

No abstract provided.


Merging Exile Into Diaspora: Other Letters To Milena, Kristin Dykstra Jan 2012

Merging Exile Into Diaspora: Other Letters To Milena, Kristin Dykstra

Diálogo

No abstract provided.


A Young Woman Brought The First Flowers, Reina María Rodríguez, Kristin Dykstra Jan 2012

A Young Woman Brought The First Flowers, Reina María Rodríguez, Kristin Dykstra

Diálogo

No abstract provided.


Tropical Disturbances, Cristina García Jan 2012

Tropical Disturbances, Cristina García

Diálogo

No abstract provided.


Fragment From The Diary Of My Return To Chile In 1990, Ariel Dorfman Jan 2012

Fragment From The Diary Of My Return To Chile In 1990, Ariel Dorfman

Diálogo

No abstract provided.


The Shine In The Eyes Of The Naked, Adrián Castro Jan 2012

The Shine In The Eyes Of The Naked, Adrián Castro

Diálogo

No abstract provided.


Siempre Nos Quedará Madrid [Fragmentos], Enrique Del Risco Arrocha Jan 2012

Siempre Nos Quedará Madrid [Fragmentos], Enrique Del Risco Arrocha

Diálogo

No abstract provided.


Displacing Forces, Gint Aras Jan 2012

Displacing Forces, Gint Aras

Diálogo

No abstract provided.


Poems From One Day My Hands Will Touch The Ceiling, Erika M. Martínez Jan 2012

Poems From One Day My Hands Will Touch The Ceiling, Erika M. Martínez

Diálogo

Includes "From New Jersey", "For a Week", and "Displacement"


La Ciudad Donde Habito, Johanny Vázquez Paz Jan 2012

La Ciudad Donde Habito, Johanny Vázquez Paz

Diálogo

No abstract provided.


Los Primeros Dos Años Aquí (Son Los Más Duros), Néstor Díaz De Villegas Jan 2012

Los Primeros Dos Años Aquí (Son Los Más Duros), Néstor Díaz De Villegas

Diálogo

No abstract provided.


Poems, Michael J. Pagán Jan 2012

Poems, Michael J. Pagán

Diálogo

Includes "Fancy Limes at a Sponging House" and "The Biographical Fallacies Found in Migration's Anxious Knuckles"


Hector Duarte, María Isabel Ochoa Jan 2012

Hector Duarte, María Isabel Ochoa

Diálogo

No abstract provided.


Effects Of Perspective-Taking On Reading Comprehension, Apral Patrice Foreman Jan 2012

Effects Of Perspective-Taking On Reading Comprehension, Apral Patrice Foreman

Honors Theses

No abstract provided.