Digital Commons Network^™

Merger Control Procedures And Institutions: A Comparison Of The Eu And Us Practice, William E. Kovacic

GW Law Faculty Publications & Other Works

The objective of this paper is to discuss and compare the role that different constituencies play in US andEU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU andUS procedures differ in terms of their basic design and in terms of the procedures that are naturally associated with …

Contemporary Trusts And Estates - An Experiential Approach, Naomi R. Cahn, Jerome Borison, Susan N. Gary, Paula A. Monopoli

GW Law Faculty Publications & Other Works

In this essay in a special issue dedicated to teaching trusts and estates, the co-authors of Contemporary Trusts & Estates: An Experiential Approach (2d. ed. Aspen 2014) reflect on how the teaching of trusts and estates can integrate policy, practice, doctrine, and centuries of tradition. They describe the genesis of their problem-based casebook and the influence of the Carnegie Report on their choice of pedagogic framework. Each of the co-authors embraced the fundamental principles advocated by the Carnegie Report, which counsels that legal education should integrate "theoretical and practical legal knowledge and professional identity." This essay goes on to outline …

A Holistic Look At Agency Enforcement, Robert L. Glicksman, David L. Markell

GW Law Faculty Publications & Other Works

The law review literature has long-recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits.

The purpose of this article is to fill a gap in the law review literature by considering agencies’ enforcementand compliance promotion function holistically. In doing so, the article approaches the challenge from an “inside-out” perspective, …

The Trans Panic Defense: Masculinity, Heteronormativity, And The Murder Of Transgender Women, Cynthia Lee, Peter Kar Yu Kwan

GW Law Faculty Publications & Other Works

When a heterosexual man is charged with murdering a transgender woman with whom he has been sexually intimate, an increasingly common defense strategy is to assert what has been called the trans panic defense. The defendant claiming trans panic will say that his discovery that the victim was biologically male (when he thought the victim was biologically female) provoked him into a heat of passion and caused him to lose his self-control. If the jury finds that the defendant was actually and reasonably provoked, it can acquit him of murder and find him guilty of the lesser offense of voluntary …

The European Procurement Directives And The Transatlantic Trade & Investment Partnership (T-Tip): Advancing U.S. - European Trade And Cooperation In Procurement, Christopher R. Yukins

GW Law Faculty Publications & Other Works

Regulatory efforts on both sides of the Atlantic, in anti-corruption and procurement, are become more interdependent, as the two systems, U.S. and European, evolve in parallel. That convergence continued as the European Union finalized its new directives on procurement, and the United States and Europe moved forward in negotiating a comprehensive free trade agreement, the Transatlantic Trade and Investment Partnership (T-TIP), which would (among other things) address barriers to trade in procurement. This piece reviews the T-TIP agreement’s potential impact on procurement, in the near and long term. The European T-TIP negotiators are likely to demand greater access to sub-central …

Characterization Of Metal Transport By The Streptococcus Sanguinis Endocarditis Virulence Factor Ssab, Sarah Brusko

UROP Posters

Streptococcus sanguinis, present in the biofilm colonizing human tooth surfaces, may be beneficial in the oral cavity, though it also serves as a causative agent of an extra-oral disease, infective endocarditis. Previous mutagenesis of lipoprotein genes from S. sanguinis strain SK36 identified the SsaB gene as necessary for virulence in a rabbit model of endocarditis. Based on homology, we suspected that SsaB was a metal transporter. A procedure utilizing inductively coupled plasma optical emission spectrometry was optimized and implemented for determination of the concentrations (μg metal per mg of cellular protein) of 17 metals in SK36 and ssaB mutant cell …

Roles And Regulations For Pharmacists In State-Level Disaster Relief Efforts, Rachel Lowe

Honors Theses

Objective: The purpose of this study is to determine what expanded roles have been identified for pharmacists by the states in disaster relief efforts, what regulations currently exist for pharmacists in disaster relief efforts in each state, and whether or not disaster relief and public health training should be added to the pharmacy school curriculum. Methods: A cross-sectional, descriptive design was used to survey fifty-three boards of pharmacy via email and Qualtrics Survey Software. Results: Analysis of the survey results showed that most states lack a disaster preparedness plan and expanded roles for pharmacists in disaster relief efforts, and most …

A Nonrigid Registration Method For Correcting Brain Deformation Induced By Tumor Resection, Yixun Liu, Chengjun Yao, Fotis Drakopoulos, Jinsong Wu, Liangfu Zhou, Nikos Chrisochoides

Computer Science Faculty Publications

Purpose: This paper presents a nonrigid registration method to align preoperative MRI with intraoperative MRI to compensate for brain deformation during tumor resection. This method extends traditional point-based nonrigid registration in two aspects: (1) allow the input data to be incomplete and (2) simulate the underlying deformation with a heterogeneous biomechanical model.

Methods: The method formulates the registration as a three-variable (point correspondence, deformation field, and resection region) functional minimization problem, in which point correspondence is represented by a fuzzy assign matrix; Deformation field is represented by a piecewise linear function regularized by the strain energy of a heterogeneous biomechanical …

The Termination Of Government Programs: A Case Study Of The Recovery Audit Contracting Program, Ryan Henry

Honors Theses

One common view is that a majority of government programs persist beyond their useful lifespans giving the impression that once installed, government programs are 'immortal'. However, termination of government programs is an essential element in the policy making process. Several factors determine the projected lifespan of a program, and a program may be effectively terminated using several mechanisms. An analysis of the Recovery Audit Contracting program, a program designed to prevent fraud, waste, and abuse in the Medicare and Medicaid systems, shows that watchdog programs are inherently more prone to termination than other types of government programs.

Cultural Factors Associated With Utilization Of Antenatal Care Services In Rural India, Anjali Om

UROP Posters

Despite vast economic growth in developing countries in the past few years, infant mortality continues to plague underdeveloped regions, particularly rural regions of India. Many of these deaths are caused by a lack of education and motivation in regard to utilization of antenatal and neonatal care services to prevent and treat consequences of unhygienic umbilical cord care.

For years, high incidences of neonatal tetanus have plagued rural areas of India as a result of cultural practices that encourage topical applications of cow dung to cut umbilical stumps either directly or by using ghee heated with cow dung to warm umbilical …

Mercury In Fish In North Mississippi Reservoirs: Statistical Analysis And Risk Assessment, Stacy Wolff

Honors Theses

Mercury (Hg) is a pollutant of particular concern because it is wide-spread, persistent, and poses a serious risk to human health. Once released into the atmosphere, it cycles through the environment by a series of complex biogeochemical processes. Upon deposition to aquatic ecosystems, inorganic mercury can be transformed to methylmercury by microorganisms. Methylmercury is a known human neurotoxin that can bioacculmulate in fish tissue and biomagnify up aquatic food chains. Consumption of contaminated fish is the primary route of human exposure to methylmercury. The Mississippi Department of Health has issued fish consumption advisories for Grenada and Enid Lakes in the …

The Beginning Of The End Of Internet Freedom, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Although the Internet was initially viewed as a medium for expression in which censorship would be impossible to implement, recent developments suggest exactly the opposite. Countries around the world--democracies as well as dictatorships--have implemented nationwide filtering systems that are changing the shape of Internet freedom. In addition to usual suspects like China, liberal democracies such as the United Kingdom and Australia have taken steps to implement nationwide Internet filtering regimes. In 2013, United Kingdom Prime Minister David Cameron announced a plan to require mandatory “family friendly” default filtering of all Internet access by the end of 2014. While such Internet …

Keeping The Internet Free In The Americas, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

To preserve and protect the Internet as a forum for the uninhibited, robust, and wide-open exchange of ideas and information in the Americas, governments must take active steps to facilitate such free speech values. The relationship between governments and Internet service providers is of pre-eminent importance in this regard, as ISPs are in the position to be the facilitators of the free flow of information and ideas. On the one hand, ISPs should not be shackled with intermediary liability for hosting harmful content. On the other hand, ISPs should not be granted the discretion to restrict communications flowing through their …

Table Of Contents, Depaul College Of Law

DePaul Business & Commercial Law Journal

No abstract provided.

Explaining The Decline In Fertility Rates In Post-War Italy, Susanna Rychlak

Honors Theses

The aim of this thesis is to examine the decline in fertility rate in post-war Italy and identify its causes. Fertility rate in Italy dropped dramatically across 1970-2010 in a stark departure from the nation's previous reproductive patterns. This has led to an increasingly aging population, and holds important implications for Italy's future. This study demonstrates that there has been a meaningful shift in cultural values that has led to fertility decline in Italy since 1970. In order to provide historical context for the importance of this cultural shift, the thesis first presents the Italian culture and familial structure of …

Continuous Monitoring Of Turning In Patients With Movement Disability, Mahmoud Ahmed El-Gohary, Sean Pearson, James Mcnames, Martina Mancini, Fay Horak, Sabato Mellone, Lorenzo Chiari

Electrical and Computer Engineering Faculty Publications and Presentations

Difficulty with turning is a major contributor to mobility disability and falls in people with movement disorders, such as Parkinson’s disease (PD). Turning often results in freezing and/or falling in patients with PD. However, asking a patient to execute a turn in the clinic often does not reveal their impairments. Continuous monitoring of turning with wearable sensors during spontaneous daily activities may help clinicians and patients determine who is at risk of falls and could benefit from preventative interventions. In this study, we show that continuous monitoring of natural turning with wearable sensors during daily activities inside and outside the …

Women, Law, And Human Rights In Cameroon: Progress Or Status Quo?, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

This paper assesses what progress there is in Cameroon regarding women’s statuses. Based on a qualitative strategy, the paper examines laws that are in place to address women’s plight in the country. The paper argues that while progress is being made on some levels, the status quo, that is, female marginalization is still entrenched in other facets. The paper advances recommendations for creating an egalitarian society.

Beyond The Strait And Narrow: The Import Of Queer Criminology For Criminology And Criminal Justice, Vanessa R. Panfil, Jody Miller

Sociology & Criminal Justice Faculty Publications

[Introduction] In March 2014, as part of its community relations service, the U.S. Department of Justice held a community service training for police officers that focused on developing strategies to better prevent and respond to bias crimes against transgender citizens. While the impetus for the training was recognition that this group is disproportionately affected by hate violence (see NCAVP, 2013), attendees of the training also highlighted the tumultuous relationships transgender individuals have had with law enforcement as another impetus for change. Transgender activists and the DOJ lauded the event as an important step for improved relationships between law enforcement and …

The Sociocultural Basis Of Epidemiology Of Hypertension Among Residents Of Ogun State, Vernon E. Norman

Walden Dissertations and Doctoral Studies

There is a high prevalence of hypertension in Nigeria. Limited knowledge of hypertension, how to prevent it, its outcomes, rapid urbanization, and the adoption of Western eating habits are implicated. Hypertension is an important issue because chronic disease places economic, social, and disease burdens on society. The purpose of this mixed-methods study was to investigate lifestyle practices, knowledge, and attitudes on risks and prevention of hypertension among residents of Ogun State, Nigeria (N = 79). The conceptual framework for this study focused on how knowledge, attitudes, and practices influence the dietary habits, behaviors, and ultimately blood pressure . The PEN-3 …

Teaching Gaby Brimmer: A Disability Studies Approach, Beth Jörgensen

Diálogo

Gaby Brimmer (1979), the collaborative “autobiography” of the Mexican disability rights activist, narrates her childhood and young adulthood through the voices of Brimmer herself; her mother, Sari Dlugacz Brimmer; her caregiver, Florencia Morales Sánchez; and Elena Poniatowska. This article presents ideas and resources for teaching Gaby Brimmer from a disability studies perspective, in courses on contemporary Spanish-American literature, women writers, genre theory, human rights and activism, or in a disability studies course.

Laboring Histories: The "Reconciliation" Of Maternity In The Poetry Of Laurie Ann Guerrero, Larissa M. Mercado-López

Diálogo

Drawing on Gloria Anzaldúa’s concept of “facultad,” this study of poetry by Laurie Ann Guerrero identifies an emergent “maternal facultad,” a consciousness honed through the bodily and social experiences of mestiza maternity. Guerrero’s poems, “Babies Under the Skin” and “Reconciliation,” reveal how such consciousness is ignited through the mother’s body; her transformed body and subjectivity implicate her in multiple histories and violences of colonization and the medical/birthing industry. This study argues for the need for mothers to continue writing their bodies—to speak the “mess” of the body and of mother-work—creating an epistemically fertile site of knowledge production.

Corporate Social Responsibility In The Nigerian Banking Sector, Cecily Joy Adeleke

Walden Dissertations and Doctoral Studies

Corporate social responsibility is presently defined by the World Business Council of Sustainable Development as persistent commitment by businesses to behave ethically and contribute to economic development while also increasing the quality of life of employees, their families, and the community. Guided by Freeman's stakeholder theory, this study examined the relationship between corporate social responsibility and the Nigerian bankers' reported satisfaction with the Nigerian banking sector. Survey data were collected from a convenience sample of 99 Nigerian bankers, including branch managers, zonal managers, tellers, marketers, and investors. A single-stage sampling procedure was used to elicit their satisfaction with the Nigerian …

Experiences And Perceptions Of Pregnant Unmarried Adolescents In Nigeria, Priscilla Ndidi Asonye

Walden Dissertations and Doctoral Studies

Sexual activity among unmarried adolescents is a major public health problem in Nigeria, because unmarried pregnant girls are more likely to have multiple sex partners and are less likely to use contraceptives, putting them at greater risk for sexually transmitted diseases (STD), unplanned pregnancy, abortion, social isolation, and poverty. Teen pregnancy and STD rates are on the rise in Nigeria, yet few data exist on the experience of the adolescents themselves. This phenomenological study was designed to explore the in-depth experiences of 10 pregnant, unmarried adolescent girls aged 16-19, including the factors contributing to their sexual activity. An ecological model …

Business Drivers For Environmental Regulations Compliance In Ghana's Mining Sector, Georgina Angorkor Ahorbo

Walden Dissertations and Doctoral Studies

Ghana's mining sector is a significant contributor to the national economy; however, environmental degradation continues to stigmatize the sector. The purpose of this phenomenological study was to explore experiences and perspectives of middle managers on how to drive compliance with EPA regulations and standards in Ghana's mining sector. Ajzen's theory of planned behavior was the conceptual framework for this phenomenological study. A purposive sample of 20 middle managers from Ghana's mining sector participated in interviews, which were transcribed and then coded to generate common themes. The primary research question involved exploring factors that promote employee compliance in Ghana's mining sector. …

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Faculty Scholarship

Should employees have the legal right to "be themselves" at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee's gender, race, or religion? And what if the basis for the employer's workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …

Urhobo Culture And The Amnesty Program In Niger Delta, Nigeria: An Ethnographic Case Study, John Oghenero Tobor

Walden Dissertations and Doctoral Studies

Despite abundant oil resources, the residents of the Niger Delta endure extreme poverty, polluted environments, poor infrastructure, and high unemployment. In the early 1990s, these problems led to a violent uprising against oil exploration. In 2009 the government of Nigeria attempted to end the uprising by implementing an amnesty program for the militants that was designed to address the region's problems. The amnesty program resulted in suspending the violence but so far has not resolved the region's problems. If these problems are not addressed, the uprising may resume. Although the Urhobo people comprised the largest number of militants from the …

The Effect Of Macroeconomic Variables On Stock Market Returns In Ghana (2000-2013), Charles Barnor

Walden Dissertations and Doctoral Studies

Variations in macroeconomic indicators affect the performance of the stock markets. In Ghana, although the performance of the Ghana Stock Exchange (GSE) has been affected by macroeconomic variables from January 2000 to December 2013, the mechanisms of these relationships have not been studied. The purpose of this research was to examine the relationships between selected macroeconomic variables and their effect on the stock market returns on the Ghana stock market. The research questions addressed whether macroeconomic variables had significant effect on stock market returns in Ghana within the specified period. The target sample was all 36 listed firms on the …

Biologics Price Competition And Innovation Act: Striking A Delicate Balance Between Innovation And Accessibility, Ude Lu

Minnesota Journal of Law, Science & Technology

No abstract provided.

Sustainable Communities And Wind Energy Project Acceptance In Massachusetts, Mariateresa A. Petrova

Minnesota Journal of Law, Science & Technology

No abstract provided.

Introduction: Envisioning Legal And Policy Pathways For Energy Innovation, Hari M. Osofsky

Minnesota Journal of Law, Science & Technology

No abstract provided.