Digital Commons Network^™

The Expulsion Of Aliens And Other Topics: The Sixty-Fourth Session Of The International Law Commission, Sean D. Murphy

GW Law Faculty Publications & Other Works

This essay analyzes the work of the International Law Commission during its sixty-fourth session in Geneva from May 7 to June 1, and from July 2 to August 3, 2012. The session marked the first year of a new quinquennium (2012-2016), with the Commission having completed its work during the prior quinquennium on four major topics: transboundary aquifers; reservations to treaties; responsibility of international organizations; and effects of armed conflict on treaties. The central topic under discussion during the sixty-fourth session concerned the expulsion of aliens, which led to the adoption on first reading of thirty-two articles, together with commentaries, …

The 'Federal Law Of Marriage': Deference, Deviation, And Doma, W. Burlette Carter

GW Law Faculty Publications & Other Works

The article discusses the history of federal inroads into marriage by examining federal interventions during the nineteenth and early twentieth century, argues that, in some cases but not all, marriages' federal benefits are indeed intended to support natural procreation, argues that DOMA's underlying statutes are key to ascertaining the purposes of federal marriage benefits and burdens, distinguishes sexual orientation discrimination from race discrimination and offers a proposal for dealing with equal protection challenges to denials of marriage rights to same sex couples. The proposal, which depends upon dual standards of review, recognizes the historical denial of family rights to same …

What A Difference A Year Makes: The International Court Of Justice's 2012 Jurisprudence, Sean D. Murphy

GW Law Faculty Publications & Other Works

An analysis of any particular decision of the International Court of Justice sometimes misses broader, cross-cutting themes that animate the Court’s jurisprudence. This essay, prepared for an April 2013 symposium at the European University Institute, Robert Schuman Centre for Advanced Studies, in Florence, explores a few of the themes that emerged from the Court’s 2012 jurisprudence. First, notwithstanding the development of treaty regimes across a broad array of international law, there remains an enduring relevance of customary international law and general principles of law as sources of international law. Second, when identifying rules of customary international law, there is an …

Deconstructing Fragmentation: Koskenniemi's 2006 Ilc Project, Sean D. Murphy

GW Law Faculty Publications & Other Works

This essay – a contribution to a workshop organized to assess Martti Koskenniemi’s scholarship – focuses principally on Koskenniemi’s work as a member of the International Law Commission (ILC) from 2002 to 2006, and in particular his chairmanship of an ILC study group. Unlike Koskenniemi’s scholarship, which is solely his own or perhaps his in conjunction with a co-author, the ILC study group report on Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law (Report), and the 42 associated conclusions, were a group effort, though it is well-understood that Koskenniemi was the driving force in …

The Rise Of Directed Verdict: Jury Power In Civil Cases Before The Federal Rules Of 1938, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

Jury practice in the state and federal courts evolved dramatically in the nineteenth and early twentieth century. Around the time of the ratification of the Bill of Rights in 1791, important legal thinkers praised the civil jury as a bulwark against judicial tyranny. By the advent of the Federal Rules of Civil Procedure in 1938, many commentators regarded the civil jury as an antiquated nuisance. Diminishment of the jury and open exercise of judicial power, encouraged in the Federal Rules by procedures such as summary judgment, would not have been possible without earlier changes in jury practice. Two major changes …

Cross-Debarment: A Stakeholder Analysis, Christopher R. Yukins

GW Law Faculty Publications & Other Works

As more nations and organizations establish debarment (or "blacklisting") systems, to exclude corrupt or incompetent firms and individuals from contracting, a serious question has arisen: if a contractor is debarred, should other jurisdictions automatically exclude that contractor in a "cross-debarment"? This paper, which grew out of an October 2012 symposium at the World Bank, discusses the advantages and disadvantages of cross-debarment, from the standpoint of various stakeholders. The article concludes that some stakeholders (such as debarring officials themselves) might prefer that there be no automatic cross-debarment, so that government officials retain discretion -- and so leverage -- to persuade contractors …

Cave Ventilation Is Influenced By Variations In The Co2-Dependent Virtual Temperature, Enrique P. Sánchez-Cañete, Penélope Serrano-Ortiz, Francisco Domingo, Andrew S. Kowalski

International Journal of Speleology

Dynamics and drivers of ventilation in caves are of growing interest for different fields of science. Accumulated CO₂ in caves can be exchanged with the atmosphere, modifying the internal CO₂ content, affecting stalagmite growth rates, deteriorating rupestrian paintings or creating new minerals. Current estimates of cave ventilation neglect the role of high CO₂ concentrations in determining air density – approximated via the virtual temperature (T_v) –, affecting buoyancy and therefore the release or storage of CO₂. Here we try to improve knowledge and understanding of cave ventilation through the use of T …

Voice Identification Experts, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Schiro, 679 F.3d 521 (7th Cir. 2012) and the issue of reliability of voice identification or "earwitness identification." Given that mistaken eyewitness identification is a major contributor to wrongful convictions, courts should instruct jurors of the frequency of voice identification mistakes. In addition, jurors should be educated as to factors that promote or detract from accuracy. Jurors should be instructed to examine identification testimony carefully.

Screening Legal Claims Based On Third-Party Litigation Finance Agreements And Other Signals Of Quality, Michael B. Abramowicz, Omer Alper

GW Law Faculty Publications & Other Works

The advent of third-party litigation finance introduces a new gatekeeper to the legal process. Before deciding to lend money to a plaintiff, a litigation finance company will conduct at least some review and make an assessment of the quality of the case.

Since litigation finance loans are generally nonrecourse, a litigation finance company is likely to refuse to loan money to plaintiffs with the weakest cases. Such voluntary claim screening may improve social welfare by reducing the incidence of frivolous claims. But the volume of frivolous claims may still be higher than it would be in a world without third-party …

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 …

The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen

Research Collection Yong Pung How School Of Law

The exercise of prosecutorial discretion is a unique executive act that continues to be very well-protected from public scrutiny in many jurisdictions throughout the world. In this article, I attempt to survey virtually the entire body of case law on the limits of prosecutorial discretion in Singapore. Probably because prosecutorial discretion is protected by the Constitution, it took a while for the Singapore courts to retreat from its initial characterisation of the discretion as absolute and outside the scope of any form of review. Against a wider backdrop of increasing rights-consciousness (especially within the courts) and the public demand for …

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 …

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. …

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 …

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 …

Barrow Island Ute Guide - Non-Indigenous Invertebrates, Frogs, Reptiles & Weeds, Mike Grimm, Kristofer Collett, Jessica Harrison, Peter Davis, Marc Widmer, Andras Szito, Rob Emery, Peter Mangano, John Botha, David Robinson, Brad Maryan

Biosecurity published reports

Barrow Island, the second largest island in Western Australia, is a Class A Nature Reserve and home to a variety of rare and endangered fauna and flora, some of which occur nowhere else. To protect fauna and flora it is essential workers and visitors to the island are aware of the risks that a non-indigenous species (NIS) poses to the ecological balance of Barrow Island.

Workers and visitors to Barrow Island need to be aware and keep their eyes open for any unusual fauna and flora that might be in accommodation units, recreation areas or the work place. Reports from …

Recurrence Ptosis After Frontalis Suspension: Evaluation Of Associated Factors, V Layanun, U Tinnangwattana, S. Tirakunwichcha

Chulalongkorn Medical Journal

Background : Congenital blepharoptosis is a common eyelid problem. The treatment mostly used is frontalis suspension due to poor development of levator muscle. Frontalis suspension can be achieved in many ways such as autogenous fascia lata suspension, frontalis muscle transfer, synthetic material suspension including suture materials. Recurrence can be anticipated anyway in all procedures. Frontalis suspension using suture materials has been done for a long time in King Chulalongkorn Memorial Hospital since most patients were too young to use autogenous fascia lata. We would like to evaluate the recurrence rate and associated factors that influence the outcome. Objective : To …

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 …

Investigating English Teachers’ Views, Actual Practice And The Connection Between Them Regarding The Use Of Arabic During English Classes In The Uae High Schools, Ameirah Hassan Al Mohamed

Theses

This study investigated English Teachers’ views, actual practices and the connections among them regarding the use of Arabic during teaching English as foreign language in one of the Northern Emirates in the UAE high schools. The present study which took place in one Emiratis in UAE adopted Activity Theory (AT) to investigate English teachers’ views and their real practices on using Arabic while teaching English. The study employed a mixed method research design involving a survey, semi-structured interview and classroom observation. The study focused on the following research questions: 1) What are the English teachers’ views on using Arabic during …

Principals' Communication Styles And Processes And Their Relationship To School Performance, Shereen Mahmoud Saeed

Dissertations

This study aimed to describe principals' communication styles and processes and their relationships to school performance in Al Ain city in the UAE as perceived by school staff. The study was guided by three research questions and used the mixed research method. Data for this study were collected through a questionnaire and semi-structured phone interviews. The questionnaire was divided into four sections. The first section included demographic information of participants. The second part included 26 statements that were used to identify the communication processes at school. The third part was comprised of 25 statements that were used to describe the …

Exploring Knowledge, Attitudes And Practices Of Registered Nurses Regarding The Spread Of Nosocomial Infections, Eunice W. Kamunge

Seton Hall University Dissertations and Theses (ETDs)

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Werewolves As Translation: Bisclovret, Melion And Alphonse, Jessica L. Auz

Seton Hall University Dissertations and Theses (ETDs)

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Chemical Analysis Of Ophthalmic Solutions, Pagagiotis Tavlarakis

Seton Hall University Dissertations and Theses (ETDs)

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The Effect Of Grade Configuration On The Academic Achievement Of Special Needs Students: The Case Of New Jersey, Derrick E. Nelson

Seton Hall University Dissertations and Theses (ETDs)

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Style And Substance: Isabel Archer As A New Type Of "Lady", Sandra Gulbicki

Seton Hall University Dissertations and Theses (ETDs)

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The Correlation Of Repeat Sprint Measures To Predicted Vo2 In Recreationally Active Males, Matthew R. Miltenberger

Seton Hall University Dissertations and Theses (ETDs)

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Nurse Manager Caring And Workplace Bullying In Nursing : The Relationship Between Staff Nurses' Perceptions Of Nurse Manager Caring Behaviors And Their Perception Of Exposure To Workplace Bullying Within Multiple Healthcare Settings, Lynda Diana Olender

Seton Hall University Dissertations and Theses (ETDs)

This study examined the relationship between staff nurses’ perception of nurse manager caring behaviors and their perceived exposure to workplace bullying within multiple healthcare settings. It was based on the theoretical position that caring promotes reciprocal caring and healing for each other and for the larger universe as informed by Watson’s theory of human caring (1979, 2006, 2008). Results indicated a statistically significant, negative, linear relationship between the CFS-CM and the NAQ-R (r = -.534, p < .001), meaning that as staff nurses’ perceptions of their nurse manager caring increased, their perception of exposure to negative acts (meeting the definition of workplace bullying) significantly decreased. The sample consisted of primarily older, more experienced, staff nurses who worked 10 years or longer within their work environment. Data analysis also revealed that staff nurses who were females and those who worked in Medical/Surgical settings were significantly more likely to perceive their managers as caring (p < .05 respectively) and that a high workload significantly influenced the staff nurses perception of exposure to workplace bullying (p < .05). In view of the predicted nursing shortages as baby-boomer nurses retire at the same time the demand for health care is rising (AACN, 2009), these findings highlight the importance of caring leadership for the health and availability of nurses at the bedside, and may lead to shifting work priorities for nurse managers. Study findings may also foster the design and implementation of a caring curriculum and caring competencies applicable for the nurse managers’ role either within nursing academic or clinical settings.

Effect Of Occlusal Vertical Dimension On Lip Positions At Smile, Jang-Ching Chou

Master's Theses (2009 -)

Purpose: In full mouth reconstructive dentistry, the occlusal vertical dimension(OVD) is often increased to provide adequate restorative space or for esthetic reasons. The purpose of this study was to analyze the effect of occlusal vertical dimension on dimensional measurements of the smile.

Materials and Methods: 30 dental students, 12 male and 18 female between the ages of 21 - 30 participated in this study. Polyvinyl Siloxane bite splints of 2mm, 4mm, 6mm, 8mm thicknesses were fabricated on stone casts mounted on semi-adjustable articulators. A wall-mounted head positioning device, modified from a cephalometric unit was used to stabilize head positions. Three …