Digital Commons Network^™

Who Should Determine Whether An Agency’S Explanation Of A Tax Rule Is Adequate?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay is Professor Pierce’s contribution to the annual Duke Law Journal symposium on administrative law. The topic of this year’s symposium is “Taking Administrative Law to Tax.” The other participants in the symposium make three main points: (1) IRS and Treasury have long engaged in practices that are inconsistent with the APA, specifically including issuance of legislative rules without complying with the notice and comment procedure described in APA section 553; (2) courts should require IRS and Treasury to comply with the APA; and, (3) several opinions issued by the Supreme Court in recent years suggest that courts are …

Digital Planning: The Future Of Elder Law, Naomi R. Cahn

GW Law Faculty Publications & Other Works

More than half of individuals over the age of 65 use the Internet or e-mail — and they are a fast-growing population on the Internet. Like most people, however, they have probably not considered how to dispose of their digital life if they become incapacitated or when they die, even though they are in the most likely age group to have drafted a will. Indeed, even if they do engage in planning, they cannot be confident that their wishes will be carried out: only a few states have laws covering probate and digital assets, there is no generally accepted method …

§ 5:33 Waiver Of Privilege — Voluntary Disclosure Or Failure To Claim, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

Evidence subject to the attorney-client privilege is protected against compelled discovery or disclosure. However, the privilege can be waived if the client who holds the privilege (or the attorney acting on his behalf) fails to claim the privilege or voluntarily discloses the subject matter of the privileged communication. This Section discusses the law governing privilege waiver by voluntary disclosure or failure to claim the privilege.

§ 5:35 Fed. R. Evid. 502--Limitations On Waiver Of Privilege And Work Product Immunity, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

In their first twenty years (1975-1995), the federal rules of evidence changed little. However, changes have accelerated since 1993, with creation of the Evidence Rules Advisory Committee which meets regularly and proposes changes to the rules almost every year. One change, which grew out of the work of a special committee, was the addition of an entirely new provision, Rule 502, which governs waiver of attorney-client privilege. This rule became law in 2008 through congressional enactment (privilege rules must be passed by Congress in order to take effect). Sections 5:35 discusses this new provision. Under "Attorney-Client Privilege and Work Product; …

§ 5:10 Potential Constitutional Limitations On Claims Of Privilege — The Constitutional Right To Produce Evidence, Laird Kirkpatrick, Christopher B. Mueller

GW Law Faculty Publications & Other Works

Generally under the law a litigant is entitled to every person's evidence in order to pursue a claim or defense. A primary exception to this rule is where the evidence is privileged and hence protected from compelled disclosure. However, even privileged evidence can be compelled to be disclosed in some circumstances, such as where it is critical exculpatory evidence needed by a criminal defendant. This Section discusses the conflict between the law of privilege and a criminal defendant's constitutional right to produce evidence in his defense.

The World Is Not Flat: Conference Planning And Presentation As Part Of A Multidimensional Understanding Of Scholarship, Iselin Magdalene Gambert, Karen Thornton, Amy R. Stein

GW Law Faculty Publications & Other Works

Scholarship. For many academics, the word is filled with a combination of excitement, anticipation, obligation, and dread. Academics are expected to reliably produce scholarship, much like sculptors are expected to produce art, baristas cappuccinos, and stockbrokers profits. While “scholarship” has perhaps traditionally been viewed as strictly words on a page, some scholars view it to be a multidimensional enterprise, something that encompasses the many aspects of the life of a scholar. The idea of scholarship as comprising more than just the generation of a tangible written product is taken up in Maksymilian Del Mar’s Living Legal Scholarship, which asserts “five …

Judicial Innovations To Screen Eyewitness Identifications, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article explains how, in State v. Lawson, 291 P.3d 673 (Or. 2012), the Oregon Supreme Court reconsidered the role trial judges must play in screening eyewitness identification. The court recognized the shortcomings of eyewitness evidence, including a high number of wrongful convictions stemming from misidentification, but also recognized that eyewitness identification may be the only evidence connecting a guilty defendant to a crime. In weighing eyewitness identification admissibility questions, Oregon Evidence Code rules (similar to their Federal Rule of Evidence counterparts) 401, 602 and 701 all must be considered by the trial judge.

With Great Power Comes Great Responsibility: Proposed Principles Of Digital Due Process For Ict Companies, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Information and Communications Technology (ICT) companies like Google/YouTube, Facebook, Yahoo, and Twitter are in control of an enormous amount of expression on the Internet. More so than any individual country, these companies are responsible for making decisions with regard to a vast amount of Internet expression. They host billions of pages of Internet content, while responding on a daily basis to countless requests from countries and individuals around the world to take down content that is deemed objectionable or illegal. These powerful ICT companies have become the de facto sovereigns of cyberspace, with the power to balance freedom of expression …

Portraits Of Middle Eastern Gulf Female Students In Australian Universities, Susan Delahunty

Theses: Doctorates and Masters

This research explores the experiences and insights of ten Middle Eastern Gulf women as they cross international borders to study in Australian universities. The literature indicates that international students in Australia establish their identity within the context of their overseas existence. This is particularly important as Muslims may feel they are being placed in a precarious situation due to, more often than not, terrorism being linked to Islam. Also, when Muslim women wear Islamic or traditional attire, the general public tends to look upon them with curiosity. With this in mind, the complex and changed contexts faced by ten Middle …

Teaching Excellence : An Illusive Goal In Higher Education Teaching And Learning, Heather Sparrow

Theses: Doctorates and Masters

In the last decades of the 20th Century, and through the first decade of the 21st Century, both the natural world and human society have experienced dramatic change. Contemporary society world-wide has high expectations of the contribution that universities can make in helping people learn to live with change, to lead change, to manage change, and to support improvement in all spheres of life. The global community seeks ‘excellence’ across all higher education roles: community engagement and leadership, research and innovation, and teaching and learning. However, universities are not always regarded as effective in fulfilling the needs of students, business …

Biomarkers Of Disease : Concentrations In The Serum Of Women During Natural And Stimulated Ovarian Cycles And During Early Pregnancy, Melissa Stemp

Theses: Doctorates and Masters

Molecular biomarkers are chemical signatures that all cell types possess. They are used in medicine to evaluate both normal biological events and pathogenic processes. A series of biomarkers associated with cancer of the breast, ovaries and other parts of the female reproductive tract and the monitoring of pregnancy were measured in disease‐free women. The biomarkers measured were prostate specific antigen (PSA), CA125, CA15‐3, CA72‐4, and pregnancy associated plasma protein‐a (PAPP‐A). The patterns of change during natural and stimulated ovarian cycles and early pregnancy were investigated to determine if these biomarkers could reflect normal events relating to ovulation and implantation/placentation. In …

An Integrated Computer-Aided Modular Fixture Design System For Machining Semi-Circular Parts, Uday H. Farhan

Theses: Doctorates and Masters

Productivity is one of the most important factors in manufacturing processes because of the high level of market competition. In this regard, modular fixtures (MFs) play an important role in practically improving productivity in flexible manufacturing systems (FMSs) due to this technology using highly productive computer numerical control (CNC) machines. MFs consist of devices called jigs and fixtures for accurately holding the workpiece during different machining operations. The design process is complex, and traditional methods of MF design were not sufficiently productive.

Computer-aided design (CAD) software has rapidly improved as a result of the development of computer technology, and has …

Sources And Supply Of Kelp Detritus : Quantifying Mechanisms Of Production, Thibaut De Bettignies

Theses: Doctorates and Masters

In temperate waters, rocky reefs dominated by extremely productive kelp beds export considerable primary production. Despite the extensive body of work on kelp detritus as a trophic subsidy, many questions remain about the production of this detritus. The aim of this thesis was to determine the rate and mechanisms of kelp detritus production, for Ecklonia radiata, the dominant kelp species in temperate Australia. Most of the work was conducted in Marmion Lagoon located 20 km North of Perth, south-western Western Australia, a region strongly influenced by oceanic swell and winter storms. The study comprised of four major components: the impact …

Photography And The Paradigm Of The Trace, Daniel Nevin

Theses: Doctorates and Masters

The idea that photographs can be explained as traces made by the things they depict has been a recurring paradigm in theories about the nature of the photographic medium. Walter Benjamin, Charles Sanders Peirce, Susan Sontag, Andre Bazin and Roland Barthes are a few of the many theorists who have used the paradigm of the trace to explain the nature of photographs. The paradigm can also be argued to have been a significant influence in the work of prominent artists such as Gerhard Richter, Adam Fuss and Cornelia Parker whose work has explored the photographic medium. Through an exegesis and …

Countering-Insurgency : A Comparative Analysis Of Campaigns In Malaya (1948-1960), Kenya (1952-1960) And Rhodesia (1964-1980), William J. Bailey

Theses: Doctorates and Masters

History has lessons for the present; could this be the case for modern counterinsurgency operations in countries resembling Iraq and Afghanistan? This research set out to study three historical counter-insurgencies campaigns in, Malaya (1947-1960), Kenya (1952- 1960) and Rhodesia (1964-1980), with a view to establishing whether or not the Colonial authorities had a substantial advantage over modern forces when combating insurgencies. If this was the case, are these advantages transferable to aid forces involved in modern counterinsurgencies?

The research questions focussed on how important the role of the Colonial Forces was to the eventual outcome, examining the principal factors that …

Optimal Power Generation In Microgrids Using Agent-Based Technology, Thair Mahmoud

Theses: Doctorates and Masters

The existing power grids that form the basis of the respective electrical power infrastructures for various states and nations around the world, are expected to undergo a period of rapid change in the near future. The key element driving this change is the emergence of the Smartgrid. The Smartgrid paradigm represents a transition towards an intelligent, digitally enhanced, two-way power delivery grid. The aim of the Smartgrid is to promote and enhance the e_cient management and operation of the power generation and delivery facilities, by incorporating advanced communications, information technology, automation, and control methodologies into the power grid proper. Smartgrid's …

Understanding And Disrupting Institutional Settings : Using Networks Of Conversations To Re-Imagine Future Farming Lives, Robert Campbell

Theses: Doctorates and Masters

Farmers in Australia and elsewhere face the challenge of remaining profitable whilst dealing with adverse structural arrangements and public expectations to better manage environmental degradation. This thesis draws on arguments that dominant paradigms in agricultural science and environmental management have often been ineffective in addressing these apparently competing demands and appear poorly suited to ‘messy’ situations characterized by uncertainty and complexity, and in which diverse stakeholders are motivated by varying goals and values. Engaging with such situations requires a philosophy and methodology that accepts a multiplicity of perspectives and which seeks to learn about and reflect upon novel ways of …

Exploring Predictors Of Sport Commitment In Coaches, Erin Bormann

Theses: Doctorates and Masters

The Sport Commitment Model (SCM) has been used to gain insight about the factors that influence people’s decision to continue participation in sport. Majority of the studies that are grounded in the SCM have been conducted with athletes. To date, few studies have examined sport commitment of coaches however, these did not assess two commitment dimensions per se (functional or “want to” and obligatory or “have to” commitment to sport), rather each has measured certain predictor variables and inferred commitment dimensions based on clustering of predictors [i.e. 13]. This study had one main purpose, to examine the SCM amongst coaches. …

The Governance Schema Of Regional And Rural Public Hospital Nurses: How Relevant Are The Dimensions Of Stewardship Governance And Trust In Management?, Kim Clark

Theses: Doctorates and Masters

This study broadly pertained to the issue of public health sector governance. The field of healthcare governance had been characterised as having challenges of greater intricacy and sensitivity than those found in any other sector (Philippon & Braithwaite, 2008). While increasingly regarded as important to health system performance, governance had, however, been evaluated as poorly understood in conceptual and practical terms and subject to competing ideas regarding its role and challenges (Brinkerhoff & Bossert, 2013). Specifically, the thesis elucidated frontline regional and rural hospital nurses’ cognitive schema of strategic aspects of governance practice of managers in the Western Australian Country …

Lichens As A Biomonitoring Tool For Detecting Heavy Metal Air Pollution Associated With Industrial Activities In Collie, South-Western Australia, Meenu Chathurika Vitarana

Theses: Doctorates and Masters

During the last few decades, various techniques for using lichens as biomonitors have been developed for monitoring air pollution and forest ecosystem health. Lichens have been used effectively to determine the dispersion of heavy metals emitted by industrial point-sources; however the approach has not been commonly used in Australia. This thesis aimed to determine the effectiveness of using a lichen biomonitoring approach to measure the heavy metal pollutants emitted from coal-fired power stations and related industries in Collie, south-western Australia, an area with concern over poor air quality. Three different approaches to lichen biomonitoring were investigated. The first explored lichen …

On The Recognition Of Emotion From Physiological Data, Warren Creemers

Theses: Doctorates and Masters

This work encompasses several objectives, but is primarily concerned with an experiment where 33 participants were shown 32 slides in order to create ‗weakly induced emotions‘. Recordings of the participants‘ physiological state were taken as well as a self report of their emotional state. We then used an assortment of classifiers to predict emotional state from the recorded physiological signals, a process known as Physiological Pattern Recognition (PPR). We investigated techniques for recording, processing and extracting features from six different physiological signals: Electrocardiogram (ECG), Blood Volume Pulse (BVP), Galvanic Skin Response (GSR), Electromyography (EMG), for the corrugator muscle, skin temperature …

Power Relationships And Authentic Organisational Learning : Daring To Break The Silence On Meaningful Dialogue In Policing Organisations, Lindsay B. Garratt

Theses: Doctorates and Masters

The 21st century presents great opportunities and threats for business: national and global markets are demanding high performance, innovation, creativity, and flexibility. Public sector organisations are continually asked to do more with less, with equal if not greater efficiency and creativity demands as the private sector. Organisational learning is a concept touted as an important and necessary strategy for organisations to keep pace with the rapid changing global environment that now plays host to opportunities as well as great economic and social volatility. However the reality for many is that they become proficient at the kind of organisational learning that …

Complexity And Creative Capacity : Reformulating The Problem Of Knowledge Transfer In Environmental Management, Kelly Chapman

Theses: Doctorates and Masters

The Ningaloo Reef is Australia’s largest fringing coral reef and an iconic tourist destination; however tourism development in Ningaloo has been ad hoc and the area is challenged by human pressure on numerous fronts. In response to these challenges a number of research agencies brought together a range of scientists to study the effects of human interaction on the reef. Moving from research to practice has been understood to depend on the adaptive capacity of the institutions responsible for governing human activities, in this case in the Ningaloo area. Knowledge transfer describes the suite of strategies used to try to …

My Worst Ever Night At The Best School Ball Ever : Creating Taboo Theatre For Teenagers, Jeremy F. Rice

Theses: Doctorates and Masters

My Worst Ever Night at the Best School Ball Ever (School Ball) is a new play for teenage audiences. The action takes place on the night of a ball for final year students. A prank with a goat goes horribly wrong, a photo of a girl pissing in a pot plant is widely circulated, and everyone finds out about the boy in a sexual relationship with a teacher. At the heart of the play are teenagers, armed with mobile phones, trying to find their way in a contradictory and confusing world.

The creative development of School Ball centred on practice-based …

Silver (Ag) Nanoparticle Based Masks For The Development Of Antireflection Subwavelength Structures In Gaas And Si Solar Cells, Nazme A. Moushumy

Theses: Doctorates and Masters

This thesis focuses on the design and development of silver nanoparticles that can be used as masks for the development of antireflection subwavelength grating (SWG) structures. We particularly investigate the impact of silver thin film thickness and the effect of annealing temperature on the fabrication of silver nanoparticles of controlled size and spacing distributions. We also use these measured distributions to predict the performance of subwavelength grating structures developed using dry and isotropic etching of semiconductor substrates.

Silver (Ag) thin films of different thicknesses are deposited on Silicon (Si) and Gallium Arsenide (GaAs) semiconductor substrates and annealed at different temperatures. …

School Administrators' Beliefs Regarding The Relationship Between School Improvements And Formal School Registration, Harm P. Witten

Theses: Doctorates and Masters

In 2004, the Government of Western Australia introduced an inspection-type formal school registration process for Non-Government (Independent) Schools, fulfilling the legislative requirement of a new School Education Act of 1999 (Part 4, Sec.159). This formal school registration process featured twelve criteria that are used to evaluate the quality of education. The government claimed that it would ensure a good education for all students in Western Australian, including those students enrolled in Independent Schools. However, very little is known about this formal school registration process, the twelve criteria used in it, or even if school administrators believe that it has helped …

Transatrial Access For Left Atrial Pressure (Lap) Monitoring Line Placement In Arterial Switch Operation (Aso) In Neonates, Mohammad Irfan Akhtar, Mohammad Hamid, Muneer Amanullah, Khalid Ahsan

Department of Anaesthesia

Left Atrial pressure monitoring is a useful and accurate method to guide Left ventricle filling in the patients who undergo Arterial switch operation for transposition of great arteries. We have used a different technique in three TGA patients for LA pressure monitoring line placement. After cleaning and draping,right internal jugular vein (rt IJV) located through 22G venous cannula, guide wire was put in followed by sliding the 22Gx8cm vygon arterial catheter over the guide wire into the right atrium that was directed transatrially into LA by the operating surgeon during atrial septum repair. The catheter was secured by silk on …

Job Satisfaction Of Primary School Leaders In Abu Dhabi Emirate In Light Of The New School Model Requirements. A Field Study, Khaula Khamis Al Kaabi

Theses

This study aimed at identifying the extent of job satisfaction among female primary school principals in Abu Dhabi in light of the New School Model requirements. Moreover, it highlighted the causes and obstacles that hindered job satisfaction among female school principals. The researcher used the descriptive analytical method to achieve the goals and reveal the effect of some of the variables like experience and the principals’ age on their job satisfaction. A researcher prepared 46-item survey that covered 7 areas related to the elements of job satisfaction. They are as follows:

(Satisfaction with the nature of their job as school …

The Uae English Pre- Service Teachers Field Experience Challenges Coping To Teach Within A Major Curricular Reform, Sahar Ali Salem

Theses

The purpose of this study was to investigate the challenges the UAE University (UAEU) English pre-service teachers faced during their field experience within a major curricular reform. The study focused on five UAEU English pre-service teachers enrolled in a practicum course during their field experience and their five cooperative teachers. A semi-structured interview, a questionnaire and an observation checklist were employed to explore the field experience challenges that the UAEU English pre-service teachers encountered. The use of multiple resources helped to create a general profile and in turn helped to improve the trustworthiness of the research findings. The implication derived …

English Language Teachers' Perceptions Of Strategies Used To Teach And Assess Efl Vocabulary In Elementary Schools In Al Ain, United Arab Emirates, Warqa Salem Ai Ameri

Theses

The purpose of the study was to investigate vocabulary teaching strategies used by English language teachers in AI Ain public schools in the United Arab Emirates. The research focuses on three areas: investigating the strategies that teachers use to teach vocabulary, strategies teachers use to consolidate newly learned vocabulary and strategies teachers use to assess vocabulary learning. Such a study is important to evaluate and categorize the most frequent and effective strategies in the context of vocabulary instruction in AI Ain.

The research used quantitative and qualitative approaches exemplified in a questionnaire and an interview. A questionnaire was used to …