Digital Commons Network^™

State Action Problems, Christian Turner

Scholarly Works

The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, like the Supreme Court did in Shelley v. Kraemer, are either vastly overinclusive or fail to explain our law and values. A better approach is to understand the state action doctrine in institutional terms. I introduce a two-step, institutionally focused state action theory that is a natural consequence of a broader public/private theory of legal systems. In the first step, a court identifies a “state action problem,” meaning a privately made law that …

Employers United: An Empirical Analysis Of Corporate Political Speech In The Wake Of The Affordable Care Act, Elizabeth Weeks Leonard, Susan Scholz, Raquel Meyer Alexander

Scholarly Works

Is the Patient Protection and Affordable Care Act (ACA) bad for business? Did the countries' most prominent companies game the Securities and Exchange Commission (SEC) disclosure process to make negative political statements about ObamaCare? Immediately following the ACA's enactment on March 23, 2010, a number of companies drew scrutiny for issuing SEC filings writing off millions – and in AT&T's case, one billion dollars – against expected earnings for 2010 alone, based on a single, discrete tax-law change in the ACA. Congressional and Administration officials accused the firms of being "irresponsible" and using "big numbers to exaggerate the health reform's …

Is The Corporate Director's Duty Of Care A "Fiduciary' Duty? Does It Matter?, Christopher M. Bruner

Scholarly Works

While reference to "fiduciary duties" (plural) is routinely employed in the United States as a convenient short-hand for a corporate director's duties of care and loyalty, other common-law countries generally treat loyalty as the sole "fiduciary duty." This contrast prompts some important questions about the doctrinal structure for duty of care analysis adopted in Delaware, the principal jurisdiction of incorporation for U.S. public companies. Specifically, has the evolution of Delaware's convoluted and problematic framework for evaluating disinterested board conduct been facilitated by styling care a "fiduciary" duty? If so, then how should Delaware lawmakers and judges respond moving forward?

In …

Gene X Environment Effects Of Serotonin Transporter, Dopamine Receptor D4, And Monoamine Oxidase A Genes With Contextual And Parenting Risk Factors On Symptoms Of Oppositional Defiant Disorder, Anxiety, And Depression In A Community Sample Of 4-Year-Old Children, John V. Lavigne, Laura B.K. Herzing, Edwin H. Cook, Susan A. Lebailly, Karen R. Gouze, Joyce Hopkins, Fred B. Bryant

Psychology: Faculty Publications and Other Works

Genetic factors can play a role in the multiple level of analyses approach to understanding the development of child psychology. The present study examined gene-environment correlations and Gene x Environment interactions for polymorphisms of three target genes, the serotonin transporter gene, the D4 dopamine reactor gene, and the monoamine oxidase A gene in relation to symptoms of anxiety, depression, and oppositional behavior. Saliva samples were collected from 175 non-Hispanic White, 4-year-old children. Psychosocial risk factors included socioeconomic status, life stress, caretaker depression, parental support, hostility, and scaffolding skills. In comparison with the short forms (s/s, s/l) of the serotonin transporter …

Lateralization Of Simulated Sources And Echoes On The Basis Of Interaural Differences Of Level, Raymond H. Dye Jr, Jacquelyn P. Hill, Leslie M. Ryan, Alexander E. Cupler, Kevin M. Bannon

Psychology: Faculty Publications and Other Works

This experiment assessed the relative weights given to source and echo pulses lateralized on the basis of interaural differences of level (IDLs). Separate conditions were run in which the to-be-judged target was the first (source) or second (echo) pulse. Each trial consisted of two intervals; the first presented a 3000-Hz diotic pulse that marked the intracranial midline and the pitch of the target frequency. The second presented the sequence of a source followed by an echo. Target frequency was always 3000 Hz, while the non-target pulse was presented at 1500, 3000, or 5000 Hz. Delays between the source and echo …

Histological Changes In The Bone Structure Induced At 12 Weeks By Experimental Administration Of Bisphosphonates, Horea Artimoniu Almaşan, Mihaela Baciut, Oana Cristina Almaşan, Simion Bran, Grigore Baciut

Turkish Journal of Veterinary & Animal Sciences

Histological changes in bone structure were induced at 12 weeks by experimental administration of bisphosphonates, which have been associated with osteonecrosis of the jaws. The purpose of this study was to determine the effect of local administration of bisphosphonate on bone formation in rats. Surgically created bone defects were evaluated at 12 weeks by histological examination after bisphosphonate administration. Fifteen Wistar rats that underwent surgery to create a bone defect at the right femur were divided in 3 groups: 2 experimental groups and a control group. The 1st experimental group received bisphosphonate as a single 1-mL dose into the bone …

The Aig Story (Chapter 18, Nationalization), Lawrence A. Cunningham, Maurice R. Greenberg

GW Law Faculty Publications & Other Works

This is the final chapter of The AIG Story, a book about the growth of a large international insurance company that pioneered the opening of new markets and helped forge milestone international trade agreements, followed by an account of its near-destruction, first at the hands of an overzealous state attorney general and underwhelming board of directors, and then, as detailed in this chapter, at the hands of federal government officials overwhelmed by a financial crisis they could not understand. This chapter begins in mid-2008, when AIG’s losing financial products bets presented the company with a huge liquidity problem, though it …

The Congressional War On Contractors, Jessica Tillipman

GW Law Faculty Publications & Other Works

The U.S. Suspension & Debarment regime is designed to ensure that the federal government does business only with “responsible” partners. One of the most fundamentally (and frequently) misunderstood aspects of the FAR 9.4 suspension & debarment system is that these tools are only to be used for the purpose of protecting the Government, not to punish contractors for their past misconduct. Unfortunately, recent congressional initiatives demonstrate many legislators’ desire to transform debarment into a tool of punishment by banishing contractors from the procurement system “with little consideration of whether such action is needed or fair."

Instead of focusing on the …

Incentive Effects From Different Approaches To Holdup Mitigation Surrounding Patent Remedies And Standard-Setting Organizations, F. Scott Kieff, Anne Layne-Farrar

GW Law Faculty Publications & Other Works

Debates about patent policy often focus on the potential for the threat of a court-imposed remedy for patent infringement to cause manufacturing entities and others to suffer patent holdup, especially when standardized industries are involved. This article uses lessons from the broader economics and political science literatures on holdup to explore various approaches to setting remedies for patent infringement—namely injunctions and money damages in the form of lost profits or reasonable royalties—with an eye towards the nature and extent of various forms of holdup they each might generate. In so doing, the article contrasts various narrower sub-categories of the broad …

Jurisgenerative Constitutionalism: Procedural Principles For Managing Global Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Global Legal Pluralism recognizes the inevitability (and sometimes even the desirability) of multiple legal and quasi-legal systems purporting to regulate the same act or actor. However, the resulting pluralism—just as inevitably—creates conflicts among norms that are potentially intractable. Thus, legal systems must address how best to respond to the realities of pluralism. This inquiry has constitutional dimensions because it goes to the constitutive character of communities and their relationships with other communities, be they international, transnational, national, subnational, or epistemic.

One response to pluralism is jurispathic: “kill off” all competing laws by declaring that one set of norms—and only one—shall …

Legal Beagle Blog (January 2013), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Emerging Policy And Practice Issues (2012), Steven L. Schooner, David J. Berteau

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2012), attempts to identify the key trends and issues for 2013 in U.S. federal procurement. Budgetary and financial insecurity emerge as the most significant emerging issues in government contracting. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. Among other things, it discusses the pending sequestration, procurement spending rates, agency purchasing data (particularly at the Defense Department, Department of Homeland Security, and the Department of State and the Agency for International Development), grants spending, …

Brief Communication: Evolution Of A Specific O Allele (O1vg542a) Supports Unique Ancestry Of Native Americans, Fernando A. Villanea, Deborah A. Bolnick, Cara Monroe, Rosita Worl, Rosemary Cambra, Alan M. Leventhal, Brian M. Kemp

Faculty Publications, Urban and Regional Planning

In this study, we explore the geographic and temporal distribution of a unique variant of the O blood group allele called O1vG542A, which has been shown to be shared among Native Americans but is rare in other populations. O1vG542A was previously reported in Native American populations in Mesoamerica and South America, and has been proposed as an ancestry informative marker. We investigated whether this allele is also found in the Tlingit and Haida, two contemporary indigenous populations from Alaska, and a pre-Columbian population from California. If O1vG542A is present in Na-Dene speakers (i.e., Tlingits), it would indicate that Na-Dene speaking …

46(1) Front Matter

UBC Law Review

No abstract provided.

Tort's Response To Surrogate Motherhood: Providing Surrogates With A Remedy For Breached Agreements

UBC Law Review

No abstract provided.

2013 Acropolis, Whittier College

Acropolis (Yearbook)

2013 Acropolis yearbook for Whittier College.

Mass Spectrometric Analysis Of Oxidized Eicosapentaenoic Acid Sodium Salt, Kelsey D. Jordan, Rita K. Upmacis

Faculty Papers and Publications

Eicosapentaenoic acid (EPA) is an omega-3 polyunsaturated fatty acid (PUFA) with 20 carbon atoms and 5 carbon-carbon double bonds. Mammalian cells cannot synthesize long chain PUFAs such as EPA de novo, and, thus, the most effective way to enrich cells in EPA is by dietary intake of fish oils. EPA supplementation causes an increase in its concentration in plasma lipids and in cell membrane phospholipids. Many beneficial effects of EPA supplementation have been noted, including (1) the potential to sensitize cancerous tumors towards chemotherapy, (2) the promotion of cardiovascular health, and (3) the alleviation of some mental disorders, but results …

The Dsm-5 Dimensional Trait Model And The Five Factor Model, Whitney L. Gore

Theses and Dissertations--Psychology

The current thesis tests empirically the relationship of the dimensional trait model proposed for the fifth edition of the American Psychiatric Association’s (APA) Diagnostic and Statistical Manual of Mental Disorders with five-factor models (FFM) of personality disorder (PD). The DSM-5 Personality and Personality Disorders Work Group proposes to diagnose the disorders largely in terms of a 25 trait dimensional model organized within five broad domains (i.e., negative affectivity, detachment, antagonism, disinhibition, and psychoticism). Consistent with the authors of DSM-5, it was predicted that negative affectivity would align with FFM neuroticism, detachment with FFM introversion, antagonism with FFM antagonism, disinhibition with …

Reinforcing, Subjective, And Cognitive Effects Of Methamphetamine During D-Amphetamine Maintenance, Erika Pike

Theses and Dissertations--Psychology

Translational research suggests that agonist replacement may be a viable treatment approach for managing methamphetamine dependence. This study sought to determine the effects of d-amphetamine maintenance on methamphetamine self-administration in stimulant using participants. A cognitive battery was used to determine the performance effects of methamphetamine alone and during d-amphetamine maintenance. During each maintenance condition, participants first sampled a dose of intranasal methamphetamine then had the opportunity to respond on a progressive ratio task to earn portions of the sampled dose. Subject-rated drug-effect and physiological measures were completed prior to and after sampling methamphetamine. Methamphetamine was self-administered as function …

Emotion Recognition And Social Functioning In Children With And Without Attention Deficit Hyperactivity Disorder, Rebecca Flake Aldea

Theses and Dissertations--Psychology

This study examined the emotion recognition of children (ages 7-9 years) with and without Attention Deficit Hyperactivity Disorder (ADHD). Children completed two emotion recognition measures, the Diagnostic Analysis of Nonverbal Accuracy 2 (DANVA2) and the Child and Adolescent Social Perception measure (CASP). Children and their parents also completed an assessment of children’s social skills, the Social Skills Improvement System (SSIS). Children with ADHD reported a significantly greater level of depressive symptoms and had significantly lower full scale IQ scores than children without ADHD. When these differences were accounted for, children with ADHD continued to show a handful …

Examining The Interaction Of Neonatal Alcohol And Hypoxia In Vitro, Megan L. Carter

Theses and Dissertations--Psychology

Exposure to ethanol (ETOH) during fetal development results in a range of cognitive/behavioral deficits. There are differences in sensitivity to the effects of ETOH that could be explained by other factors, such as hypoxia. Similar mechanisms of damage underlie both ETOH, more specifically ETOH withdrawal, and hypoxia. Based on this overlap, it was hypothesized that sub threshold levels of these insults may interact to produce increased damage in sensitive brain regions. This study used a rodent organotypic hippocampal slice culture model to investigate the interaction of hypoxia and ETOH withdrawal and to determine possible developmental differences in the sensitivity to …

Great Sexpectations: The Application Of Sexual Social Exchange Theory To Date Rape, Kellie R. Lynch

Theses and Dissertations--Psychology

In a two-part study, dating sexual expectations will be evaluated and the sexual social exchange theory will be investigated in a date rape trial. In Part 1, participants (N = 100) will be presented with one of two fictional date scenarios that will differ only on the cost of the date (i.e., $30 or $175). Participants will then indicate what behaviors (sexual and not sexual) are appropriate at the end of a first date and then a fifth date. It is predicted that all participants will expect sexual intercourse more on the fifth date than the first, and that …

Development And Validation Of A Measure Of Self-Critical Rumination, Laura M. Smart

Theses and Dissertations--Psychology

Shame and self-criticism are closely related constructs that have strong associations with many forms of psychopathology as well as general psychological distress. Rumination is a maladaptive form of repetitive thinking that is associated with a number of psychological disorders. Although measures of many different types of rumination (e.g. depressive rumination, angry rumination) have been developed, none assess self-critical rumination. The purpose of the present study, therefore, was to develop a measure of self-critical rumination. An initial pool of items for the Self-Critical Rumination Scale (SCRS) was developed by adapting existing rumination measures and through a writing task administered to both …

Bayesian Analysis Of Parental Drinking Motives And Children's Adjustment, Aaron A. Duke

Theses and Dissertations--Psychology

Harm reduction strategies can mitigate against some of the deleterious effects of alcohol on families. These strategies are most feasible and cost-effective when they can be targeted at those who are most at risk. Previous studies examining the relation between parents’ alcohol use and their children’s psychological adjustment have failed to consider important contextual questions such as drinking motives. The current investigation set out to identify the extent to which parents’ drinking motives predict internalizing and externalizing psychopathology in their children. The investigation consisted of cross sectional analysis of parents’ drinking motives and their children’s adjustment using data from 154 …

The Impact Of Acculturation And Labeling On African Americans' Stigmatization Of Mental Illness, Tahirah Abdullah

Theses and Dissertations--Psychology

Although African Americans endorse more stigma towards those with mental illnesses than European Americans and are quite susceptible to stigma’s detrimental effects on help-seeking for mental health problems, stigma has not been adequately studied for African Americans. Given that stigma is a key barrier to obtaining help for mental health problems, it is imperative that we gain a more nuanced understanding of stigma. This study used experimental design and vignettes to examine the influence of acculturation and labeling on African Americans’ stigmatization of depression, social phobia, alcohol dependence, and schizophrenia. Results indicated that schizophrenia was generally the most stigmatized disorder …

Does Botox Buffer The Negative Effects Of Social Rejection?: A Test Of The Facial Feedback Hypothesis, Vicki Sharif

Theses and Dissertations--Psychology

Can a common facial cosmetic procedure buffer against the negative impact of adverse social interactions? This pilot tested the hypothesis that an injection of botulinum toxin (Botox) to the corrugator supercilii muscles used in anger, compared to a placebo injection to the same location, will reduce the impact of social rejection on mood, self-esteem, control, meaningful existence, and aggression. Freezing facial musculature was hypothesized to alter the first physical signal of negative emotional reactions, thereby reducing the impact of social rejection on distress and aggression. This was the first study using Botox to examine the effects of reduced facial feedback …

The Effects Of Posttraumatic Stress Disorder, Mild Traumatic Brain Injury, And Combined Posttraumatic Stress Disorder/Mild Traumatic Brain Injury On Returning Veterans, Hannah L. Combs

Theses and Dissertations--Psychology

Veterans of the Iraqi and Afghanistan conflicts have frequently returned with injuries such as mild traumatic brain injury (mTBI) and posttraumatic stress disorder (PTSD). More recently, concern has been raised about the large number of returning soldiers who are diagnosed with both. Literature exists on the neuropsychological factors associated with either alone, however far less research has explored the effects when combined (PTSD+mTBI). With a sample of 206 OEF/OIF veterans, the current study employed neuropsychological and psychological measures to determine whether participants with PTSD+mTBI have poorer cognitive and psychological outcomes than participants with PTSD-o, mTBI-o, or veteran controls (VC), when …

Individual Differences In Escalation Of Tobacco Use: Impulsivity And Alcohol Use, Dustin C. Lee

Theses and Dissertations--Psychology

Like adolescents, young adults are at risk of initiating tobacco use and escalating to daily use and tobacco dependence. However, not every young adult who uses cigarettes intermittently becomes tobacco dependent, and the time-course of those who transition to daily use varies widely. Individual differences likely contribute to the variability observed in patterns of tobacco use. This dissertation uses a multi-modal research approach to examine dimensions of impulsivity and alcohol use that are associated with vulnerability for escalation of cigarette smoking, and whether alcohol’s effects on behavioral disinhibition impact cigarette consumption. Study 1 investigated the associations between dimensions of trait …

Investigation Of The Monty Hall Dilemma In Pigeons And Rats, Jessica P. Stagner

Theses and Dissertations--Psychology

In the Monty Hall Dilemma (MHD), three doors are presented with a prize behind one and participants are instructed to choose a door. One of the unchosen doors is then shown to not have the prize and the participant can choose to stay with their door or switch to the other one. The optimal strategy is to switch. Herbranson and Schroeder (2010) found that humans performed poorly on this task, whereas pigeons learned to switch readily. However, we found that pigeons learned to switch at level only slightly above humans. We also found that pigeons stay nearly exclusively when staying …

Discriminating Between Adhd, Adhd With A Comorbid Psychological Disorder And Malingered Adhd In A College Sample, Kimberly Dawn Williamson

Theses and Dissertations--Psychology

The current study examined the efficacy of various neuropsychological measures for differentiating ADHD and comorbid ADHD from malingered ADHD in a large state university sample. The sample consisted of 23 nonclinical individuals assigned to malinger ADHD (NLM), 9 nonclinical individuals responding honestly (NLH), 22 individuals with diagnoses of ADHD only (ADHD-H), 9 individuals with comorbid ADHD/Learning Disorder presentations (ADHD-LD), and 13 individuals with comorbid ADHD/Anxiety presentations (ADHD-ANX). Due to limited sample sizes, the ADHD-LD and ADHD-ANX participants were pooled to create a comorbid ADHD group (ADHD-CO n = 22). The study utilized a simulation design with a NLM group instructed …