Digital Commons Network^™

Using Contract Law To Tackle The Coaching Carousel, Stephen F. Ross, Lindsay A. Berkstresser

Faculty Scholarship

This Article suggests that student-athletes can protect themselves (and, indirectly, fans and students at the university at which they are about to enroll) by securing a binding promise from the coach that he will not voluntarily leave the university throughout the student-athlete's career. This promise could be in a legally binding contract directly between the coach and student-athlete, or by adding to the coach's employment contract with the university a proviso expressly designating student-athletes as third party beneficiaries. Part I briefly describes the problems resulting from the coaching carousel and describes the potential for contracts that limit a coach's mobility …

When Bad Guys Are Wearing White Hats, Catherine A. Rogers

Faculty Scholarship

Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …

The Genealogy Detectives: A Constitutional Analysis Of 'Familial Searching', David H. Kaye

Faculty Scholarship

“Familial searching” in law enforcement DNA databases has been pilloried as a step “towards eugenics and corruption of blood” and “lifelong genetic surveillance” that is “inconsistent with a basic pillar of American political thought.” Courts have yet to address the issue fully, but several commentators contend that the practice is unwise, unjust, or unconstitutional. This Article examines the more significant constitutional claims. It concludes that although kinship matching should not be implemented simply because it is technologically seductive, neither should it be removed from the realm of permissible law enforcement information gathering on constitutional grounds. In reaching this conclusion, the …

Anti-Corruption Internationally: Challenges In Procurement Markets Abroad—Part Ii:The Path Forward For Using Procurement Law To Help With Development And The Fight Against Corruption, Daniel I. Gordon

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2012), discusses developing issues in international public procurement. Among other things, the paper suggests that there is growing recognition of the role that procurement can play in national development and the fight against corruption. In the paper the author points out that, while there is a worldwide trend toward more and more similar procurement systems, that trend does not mean that procurement systems are becoming, or should become, uniform. Moreover, the author contends in the paper that procurement law has only a limited role in national development …

Book Review Of The Max Planck Encyclopedia Of Public International Law (Rüdiger Wolfrum, Ed., Oxford University Press, 2012), Sean D. Murphy

GW Law Faculty Publications & Other Works

In 2004, the Max Planck Institute launched yet another generation of its widely-used encyclopedia on public international law, this time entitled the Max Planck Encyclopedia of Public International Law (MPEPIL), under the direction of Rüdiger Wolfrum. As befits a new century, the MPEPIL was first unveiled in an online version in 2008, followed in 2012 by a print version in ten volumes plus an index volume. Even a cursory comparison with the previous version reveals that this compendium is a whole new ball game. In terms of content, only 12 of the prior edition’s articles were taken verbatim into the …

Jus Ad Bellum, Values, And The Contemporary Structure Of International Law, Sean D. Murphy

GW Law Faculty Publications & Other Works

In “Religion, Violence, and Human Rights: Protection of Human Rights as Justification for the Use of Armed Force,” 41 Journal of Religious Ethics 1 (2013), James Johnson discusses an important dilemma for contemporary society: when should transnational military force be permitted to protect human rights? Professor Johnson uses the relatively recent doctrine of a “responsibility to protect” as the centerpiece of his paper, characterizing it as a reaction to legal concepts that emerged in the “Westphalian system.” Yet the doctrine, at least as it relates to the use of military force, is not a reaction to that system but, rather, …

National Treatment In Copyright And Related Rights: How Much Work Does It Do?, Robert Brauneis

GW Law Faculty Publications & Other Works

The obligation of national treatment makes an appearance in all five of the major active multilateral treaties concerning copyright and related rights, including the Berne Convention, the Rome Convention, the TRIPS Agreement, the WIPO Copyright Treaty (“WCT”), and the WIPO Performances and Phonograms Treaty (“WPPT”), a group I will collectively call the “five CRR treaties.” It is principally lauded for its substantive bite, as a rule requiring that treaty parties extend protection to non-nationals on the same terms as they do to their own nationals. Yet there are reasons to question whether the national treatment obligations imposed by the five …

Hipaa Turns 10: Analyzing The Past, Present, And Future Impact, Daniel J. Solove

GW Law Faculty Publications & Other Works

This essay, written in a journalistic style, examines HIPAA over the past decade. The essay discusses the creation of HIPAA, the evolution of HHS enforcement, the impact of the HITECH Act, and the overall influence and effect of HIPAA on healthcare providers and organizations using medical data. Professor Solove combines analysis with interviews of key regulators and practitioners.

The Financing Of Small Businesses: A Functional Analysis Of Three Legal Models, John Andrew Spanogle Jr.

GW Law Faculty Publications & Other Works

This paper discusses the three legal regimes which furnish models of laws designed to promote the use of moveables and intangibles to finance small businesses. One is the nantissement de fonds de commerce, a device used in the French law which creates a mortgage on a business - or at least some parts of it. The second is the registered charge of the European Bank's Model Law on Secured Transactions, which is modeled in large part on the English financing device called a floating charge. The third is the North American security interest used in Article 9 of the Uniform …

Civil Actions For Acts That Are Valid According To Religious Family Law But Harm Women's Rights: Legal Pluralism In Cases Of Collision Between Two Sets Of Laws, Benjamin Shmueli

Vanderbilt Journal of Transnational Law

This Article analyzes the implications of legal pluralism when religious family law conflicts with state civil tort law. Refusal to grant a get (a Jewish divorce bill) in Jewish law, divorcing a wife against her will in Muslim Shari'a law, and bigamy and polygamy in Muslim Shari'a law are practices permitted by personal-religious family law that harm human rights. This Article seeks to answer the question whether tort law should overrule family law, with the proviso that it be applied sensibly when deciding family matters; or whether the two disciplines of law are complementary, in the sense that liberal tort …

Returning Sovereignty To The People, Hallie Ludsin

Vanderbilt Journal of Transnational Law

Governments across the world regularly invoke sovereignty to demand that the international community "mind its own business" while they commit human rights abuses. They proclaim that the sovereign right to be free from international intervention in domestic affairs permits them unfettered discretion within their territory. This Article seeks to challenge those proclamations by resort to sovereignty in the people, a time-honored principle that is typically more rhetorical than substantive. Relying on classical interpretations of sovereignty, this Article infuses substance into the concept of sovereignty in the people to recognize that a government is entitled to sovereign rights only as the …

Liberalizing The Law In The Land Of The Lord: Limits To The Americanization Of Israeli Religious Jurisprudence, Andrea B. Jenkins

Vanderbilt Journal of Transnational Law

This Note presents an analysis of American and Israeli constitutional jurisprudence concerning matters of religion. Recently, there has been a shift in Israel's High Court of Justice toward implementing values of individual rights and religious pluralism. Some have analogized this shift in focus to the role played by the U.S. Supreme Court. However, fundamental differences remain between the American and Israeli approaches, stemming from divergent conceptions of national identity encapsulated in the states' respective foundational legal documents.

This Note examines the interplay of national identity and religious jurisprudence and its effect on individuals' legal rights. In doing so, it demonstrates …

International Student Athletes And Ncaa Amateurism: Setting An Equitable Standard For Eligibility After Proposal 2009-22, Zachary R. Roth

Vanderbilt Journal of Transnational Law

The United States is often called the land of opportunity. In many ways it has proven so, but this is not always the case. International student athletes are not granted equitable treatment with their American peers under National Collegiate Athletic Association (NCAA) amateurism rules. While the NCAA bylaws, through Proposal 2009-22, grant international student athletes the right to participate on professional teams, the proposal does not give the athletes the ability to truly exercise that right. Through the lens of Turkish basketball player Enes Kanter, this Note explores amendments to NCAA by laws that are necessary for the NCAA to …

Personal Account From Sister Mary Mccauley, Mary Mccauley

Postville Project Documents

An account of the Agriprocessors immigration raid by Sister Mary McCauley, who was the pastoral administrator for the parishes in northeastern Iowa at the time, telling of the actions taken by her and the surrounding community on the day of the raid and the weeks following.

Logistics For The Fifth Anniversary Event

Postville Project Documents

Information for the event commemorating the fifth anniversary of the Agriprocessors immigration raid.

Madécasse: Competing With A 4x Fairtrade Business Model, Scott Marshall, Darrell Brown, Bex Sakarias, Min Cai

Business Faculty Publications and Presentations

Brett Beach and Tim McCollum, co-founders of Madécasse, spent two years as Peace Corps volunteers in Madagascar. During that time, they fell in love with the country and its people. Recognizing the need of the Malagasy for stable jobs and fair wages and the connection between poverty and environmental destruction, Brett and Tim discussed possibilities for a social enterprise in the country.

Madagascar presents a beautiful yet challenging place to operate a business. It has a wide range of flora and fauna, approximately 70% of which are found nowhere else on Earth and it produces coffee, vanilla, sugar, cotton, pepper, …

My Child Is An Angel From Allah: Perspectives From Muslim Parents Of Children With Special Needs In The United Kingdom, Katie Bonawitz

All Electronic Theses and Dissertations

This applied dissertation investigated how Muslim parents of children with special needs bring understanding to raising their child with special needs. This researcher conducted a qualitative study to find out if Muslim parents from different ethnic backgrounds had similar experiences to those studied by Jegatheesan, Miller, and Fowler (2010). The researcher developed and administered qualitative interviews to four Pakistani Muslim parents in England and three Somali Muslim parents in Minnesota. These Muslim parents were asked questions regarding background of their child, community experiences, positive and negative school experiences, and whether faith or culture played a greater role as they reflected …

University Of Northern Iowa Fact Book, 2013-2014, University Of Northern Iowa

University of Northern Iowa Fact Book

Contents:

Quick Reference ... Inside Front Cover
Mission Statement ... 1
UNI Organizational Chart ... 2
UNI Administration ... 3
Definitions of Terms Used ... 4
Calendar ... 6
New Students ... 7
Enrollment ... 13
Alumni ... 31
Faculty and Staff ... 39
Budget and Finance ... 62
Library ... 69
General Information ... 127
Peer Institutions ... 141
References ... 149

In-Corp-O-Real: A Psychological Critique Of Corporate Personhood And Citizens United, Teneille R. Brown

Utah Law Faculty Scholarship

It seems absurd today that a robot’s political speech could ever warrant First Amendment protection. And yet, fifty years ago the same claim regarding corporations would have seemed equally absurd. But here we are, with anthropomorphized corporations enjoying political free speech rights equal to ordinary human beings. While corporations are constitutional people and robots presently are not, it is not obvious that this will, or should, remain this way forever. In the not-too-distant future, robots will more closely resemble human beings in appearance and function. When — not if — this happens, how will courts distinguish corporations from robots for …

Digital Divide: The Roles Of Access And Self-Efficacy On College Readiness, Kristen Rojas

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This study examined how the roles of computer access, demographics, and self-efficacy on college readiness mastery for high school seniors in an affluent suburb in Southeastern Florida. Data was collected from an online survey using a quasi-experimental setting and a convenient sample of 322 high school seniors at a single public high school location. Statistical analysis was done using SPSS software to determine if differences exist between access, demographics, and self-efficacy contribute to college readiness mastery.

Results from this study revealed that a digital divide existed; also, findings within groups were different for those with household income over $100,000, those …

Supramolecular Functionalization Of Single-Walled Carbon Nanotubes, Baris Yilmaz

Chemistry and Biochemistry

Single-walled carbon nanotubes (SWNTs) possess extraordinary mechanical strength, thermal and electrical conductivity. These properties make them very attractive in many applications in the fields of nanotechnology, electronics, and optics. However, most of the SWNT syntheses methods result in different types of chiralities, which determine the electronic and optical properties of the sample. Thus, it is important to selectively solubilize and purify carbon nanotubes if one wants to use them in technological applications. Selective separation of SWNTs by chirality has been the research focus of many scientists. Here, a comparative study for the solubility of SWNTs with polyaromatic hydrocarbons and conjugated …

Attempted Total Syntheses Of A Novel Lycopodine-Class Alkaloid And (R)-Myricanol, Compounds For The Treatment Of Alzheimer's Disease, Anthony John Ostlund

Chemistry and Biochemistry

Alzheimer's Disease (AD) is a significant challenge to both the pharmaceutical world as well as the synthetic organic chemistry world. One of the most important problems in this field is the lack of a unified approach to the most biologically active class of natural products for the treatment of AD, the lycopodine alkaloids. Presented herein is an attempt at the total synthesis of a novel member of this family. The synthesis spans three complete generations of retrosynthesis and forward progress. In the ultimate effort, the carbon backbone of the entire lycopodine class was successfully synthesized using a 6 step process …

Constitutional Value Judgments And Interpretive Theory Choice, Ian C. Bartrum

Scholarly Works

No abstract provided.

Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino

Scholarly Works

Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.

Managing U.S. News & World Report--The Enron Way, Nancy B. Rapoport

Scholarly Works

No abstract provided.

Wagging, Not Barking: Statutory Definitions, Jeanne Price

Scholarly Works

Legislative text is distinguished by the frequency with which it specifies the meaning of the words it employs. More than 25,000 terms are defined in the United States Code alone. In few other contexts is there a perceived need to so carefully and repeatedly clarify meaning. This Article examines the roles played by definitions in a reader's understanding and application of a legislative text; it demonstrates that the effects of defining are not as straightforward as we might assume. The discussion is framed by the distinction between legislation as a communication vehicle and as an instrument of governance. In some …

Mass Incarceration At Sentencing, Anne R. Traum

Scholarly Works

Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at sentencing would provide an additional response that can largely be implemented without wholesale reform. Mass incarceration presents a difficult problem for courts because it is a systemic problem that harms people on several scales-individual, family, and community-and the power of courts to address such broad harm is limited. This Article proposes that judges should consider mass incarceration, a systemic problem, in individual criminal cases at sentencing. Sentencing is …

Extracorporeal Membranous Oxygenation Mimics Aortic Dissection On Cat Scan., Philip Batista, Nicholas C. Cavarocchi, Hitoshi Hirose

Department of Surgery Faculty Papers

A 66 year-old female presented with refractory acute congestive heart failure, cardiogenic shock, and ventricular tachyarrhythmia. Veno-arterial extracorporeal membrane oxygenation (ECMO) was placed via femoral cannulation for salvage and stabilized. CAT scan of the chest performed as a part of heart transplant work-up, demonstrated an unequal distribution of intravenous contrast in the aortic arch (Figure 1). Radiologist’s preliminary reading was of “aortic dissection” while in fact this is truly “normal ECMO flow”.

Targeted Therapies In The Treatment Of Advanced Hepatocellular Carcinoma., Zhengyu Wei, Cataldo Doria, Yuan Liu

Department of Surgery Faculty Papers

Hepatocellular carcinoma (HCC) is the most common liver cancer and the third leading cause of cancer death. It has been a major worldwide health problem with more new cases being diagnosed each year. The current available therapies for patients with advanced HCC are extremely limited. Therefore, it is of great clinical interests to develop more effective therapies for systemic treatment of advanced HCC. Several promising target-based drugs have been tested in a number of clinical trials. One breakthrough of these efforts is the approved clinical use of sorafenib in patients with advanced HCC. Targeted therapies are becoming an attractive option …

Chairs Mentoring Faculty Colleagues, Jeff Kerssen-Griep

Journal of the Association for Communication Administration

Many academics struggle to manage the changes that come with suddenly being responsible for chairing a group of peers. As in skilled classroom instruction, leading an academic unit invokes specific structural, strategic, tactical, and interpersonal abilities. New chairs often quickly have to add ways of thinking and acting that are beyond the precise expertise that got them to that point in the first place. With our focus on understanding process, communication scholars may be better equipped than some others to understand this role shift’s dynamics, but often we struggle as mightily as our chemist or engineering or nursing peers to …