Digital Commons Network^™

The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms, and many members of the legal profession continue to do so today. Yet civil and criminal jury trials are vanishing in the United States. The disappearance of the civil jury presents a puzzle because the Seventh Amendment and state constitutional rights require that civil jury trial be “preserved” or “remain inviolate.”

Scholarship on the history of constitutional rights to civil jury trial has tended to focus exclusively on the Seventh Amendment, …

Probate Law Meets The Digital Age, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article explores the impact of federal law on a state fiduciary’s management of digital assets. It focuses on the lessons from the Stored Communications Act (“SCA”), initially enacted in 1986 as one part of the Electronic Communications Privacy Act. Although Congress designed the SCA to respond to concerns that Internet privacy posed new dilemmas with respect to application of the Fourth Amendment’s privacy protections, the drafters did not explicitly consider how the SCA might affect property management and distribution. The resulting uncertainty affects anyone with an email account.

While existing trusts and estates laws could legitimately be interpreted to …

Second Amendment, Constitutional Dysfunction Or Necessary Safeguard?, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This Essay was delivered at the Boston University School of Law Symposium titled “America’s Political Dysfunction: Constitutional Connections, Causes, and Cures.” The Essay challenges the assumption that the Second Amendment historically has provided a barrier to a desirable policy result: radical gun control or gun prohibition. It also challenges the assumption that such a policy is indeed desirable. The Essay traces the history of judicial engagement with the Second Amendment, including the Supreme Court’s most recent pronouncement recognizing the right to bear arms as an individual right in Heller and McDonald, and lower federal courts’ subsequent application of this right. …

A Concise Guide To Using Dictionaries From The Founding Era To Determine The Original Meaning Of The Constitution, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This Article explains how dictionaries published in the Founding Era may provide evidence of the original meaning of the Constitution. In addition, the Article identifies and discusses six potential problems with relying on definitions from these dictionaries, and cautions that these potential problems must be considered when using Founding Era dictionaries either to make claims about the Constitution’s original meaning or to evaluate claims about original meaning made by others. Finally, the Article includes an Appendix describing nine English language dictionaries and four legal dictionaries from the Founding Era that the Supreme Court has cited in constitutional cases, and indicates …

A Novel Phosphatidylinositol 3-Kinase (Pi3k) Inhibitor Directs A Potent Foxo-Dependent, P53-Independent Cell Cycle Arrest Phenotype Characterized By The Differential Induction Of A Subset Of Foxo-Regulated Genes, Richard Hill, Ravi Kiran Reddy Kalathur, Sergio Callejas, Laura Colaço, Ricardo Brandão, Beatriz Serelde, Antonio Cebriá, Carmen Blanco-Aparicio, Joaquín Pastor, Matthias Futschik, Ana Dopazo, Wolfgang Link

School of Biomedical Sciences

No abstract provided.

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 …

Litigation Finance And The Problem Of Frivolous Litigation, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Litigation finance companies have some incentives to screen plaintiffs applying for financing based on the strength of their claims, but a company may still have incentives to provide financing when the probability that a plaintiff would prevail at litigation is low. The result is that litigation finance may facilitate both meritorious and nonmeritorious claims. This Article argues that fee limitation rules for
litigation finance companies can improve their incentives to select only relatively high probability cases, thus enhancing the normative case for states to enact legal reforms allowing litigation finance. A simple version of the rule, which will work if …

Hedge Fund Activism Canadian Style

UBC Law Review

No abstract provided.

Location Matters: How Nuisance Governs Access To Property For Free Expression

UBC Law Review

No abstract provided.

An Indeterminate Theory Of Canadian Corporate Law

UBC Law Review

No abstract provided.

Tsilhqot'in Nation V. Bc: Reconfiguring Aboriginal Title In The Name Of Reconciliation

UBC Law Review

No abstract provided.

The Right To Control And Access Genetic Research Information: Does Mcinerney Offer A Way Out Of The Consent/Withdrawal Conundrum

UBC Law Review

No abstract provided.

Municipalities And The Duty To Consult Aboriginal Peoples: A Case Comment On Neskonlith Indian Band V. Salmon Arm (City) Case Comments

UBC Law Review

No abstract provided.

Declaratory Legislation: Legislatures In The Judicial Domain Case Comment

UBC Law Review

No abstract provided.

Cy Pres And The Optimal Class Action, Jay Tidmarsh

Journal Articles

This Article, prepared for a symposium on class actions, examines the problem of cy pres relief through the lens of ensuring that class actions have an optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: set attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the …

Education Leadership And Policy Analysis Promotion Criteria, Department Of Education Leadership And Policy Analysis, East Tennessee State University

Tenure and Promotion Criteria

No abstract provided.

Education Leadership And Policy Analysis Tenure Criteria, Department Of Education Leadership And Policy Analysis, East Tennessee State University

Tenure and Promotion Criteria

No abstract provided.

Water Resources Systems Analysis: A Bright Past And Challenging But Promising Future, David E. Rosenberg, Kaveh Madani

Civil and Environmental Engineering Faculty Publications

The field of water resources systems analysis is now experiencing one of its most exciting eras where scientists, decision makers, and funding agencies want to apply systems approaches to solve varied, complex, uncertain, and interdisciplinary resource management problems. Solving these problems presents great opportunities for us to engage in complex, real-world decision-making and make positive changes. However, to capitalize on these opportunities, we as a field must also overcome several large challenges related to problem identification, integration, blind use of systems tools, a focus on optimality, and harnessing big data. To overcome, we must look back to find what we …

Experiences Of Immigration Among Women From Taiwan, Robert Johnston

Master's Theses

This thesis explores the transformative effects of immigration from the 1960s through the 2010s among women from Taiwan living in the County of Santa Clara. The study focused on three substantive areas: (1) early life experiences and factors leading to immigration; (2) shifts in social identities after leaving Taiwan (e.g., political, national, and ethnic self-concepts in various contexts); and (3) practices of child-rearing. Several methodological tools were employed during the data collection phase of the research process, including interviews, surveys, and participant observations. The findings of this study suggested a dynamic process of change in which informants adapted to, were …

Hittingtime And Pagerank, Shanthi Kannan

Master's Theses

In this thesis, we study convergence of finite state, discrete, and time homogeneous Markov chains to a stationary distribution. Expressing the probability of transitioning between states as a matrix allows us to look at the conditions that make the matrix primitive. Using the Perron-Frobenius theorem we find the stationary distribution of a Markov chain to be the left Perron vector of the probability transition matrix.

We study a special type of Markov chain &mdash random walks on connected graphs. Using the concept of fundamental matrix and the method of spectral decomposition, we derive a formula

that calculates expected hitting times …

The Tempest, Marina Chappie

Master's Theses

This Creative Project in Creative Writing consists of an original feature-length screenplay titled The Tempest, which follows the story of a boy, Jax, who the night before the attack on Pearl Harbor in 1941, watches a US Army General hand off secret intelligence to Japanese soldiers on US soil. Silenced by the death of his friend, Jax hides the evidence, which his granddaughter, Miranda, uncovers seventy years later.

Miranda is a 14-year-old wallflower struggling to come to terms with the death of her mother when dementia threatens to take away her O'Pa Jax. She grew up listening to his wild …

Having Fun About Jesus:" Children's Constructions Of Their Relationship To Church, Henry James Zonio

Master's Theses

Children are not clay tablets upon which adults can etch predetermined futures. Rather, children are active agents who repeatedly interact with various social fields. Religion, one of those fields, is a major social institution that influences one's religious beliefs as well as one's secular behavior. Studying children's views on religion and how they relate to their religious communities makes explicit the ways children actively participate in their own religious socialization. Consequently, this study is an in-depth examination of children's participation in their religious communities at two evangelical Protestant churches in Northern California utilizing a multiple methods qualitative approach including participant …

An Analysis Of An Andean Cosmovisión: Nature, Culture, Ecology, And Cosmos, Christian Ardeleanu

Master's Theses

Modern life may offer certain benefits for humanity, but it can also create a barrier between humans and the natural world. In contrast, the millenarian Aymara culture of the Bolivian Andes exhibits a harmonic interrelation with nature, ecology, and the cosmos, and it also represents a living system of indigenous knowledge and knowledge production/transformation. The Aymara system of knowing and knowledge production, like other indigenous systems, should not be mistaken for antiquated elements of culture and folklore but should be seen as a distinct and dynamic epistemology. The Aymara cosmovisión is similar to the philosophy of ecology, sharing some general …

Effects Of Mlc Gene Modulation On Acetate Accumulation In Escherichia Coli Culture, Melvin Chen

Master's Theses

When Escherichia coli (E. coli) is grown in the presence of excess glucose, acetate is produced, oftentimes as an undesired by-product. Mlc is a global repressor for sugar transporters in E. coli, including glucose. This body of work examines the overexpression of Mlc via expression vectors in E. coli cultures under constitutive and inducible promoters. Sequence changes to the translational start codon and codon 52 of the mlc sequence inserted in the expression vectors were introduced. These changes were evaluated for their impact on glucose uptake rates, acetate production, and overall cell growth when Mlc was overexpressed in E. coli …

The One Table Of Christ's Word And Body: The Unity Of Scripture And Eucharist In Dei Verbum And Its Theological Precursors, Robert Matthew London

Electronic Theses and Dissertations

Henri de Lubac heavily impacted the Second Vatican Council, Dei Verbum in particular. De Lubac immensely contributed toward the renewal of the ancient doctrine of the One Table, especially with his eucharistic ecclesiology (that found its way into Lumen Gentium), and his retrieval of spiritual exegesis, especially through the genius of Origen. Chapters two and three of this dissertation present a synopsis of de Lubac's retrieval of scriptural exegesis and his eucharistic ecclesiology.

Henri de Lubac heavily impacted the Second Vatican Council, Dei Verbum in particular. De Lubac immensely contributed toward the renewal of the ancient doctrine of the One …

The Philosophers' Stone: Alchemical Imagination And The Soul's Logical Life, Stanton Marlan

Electronic Theses and Dissertations

Alchemy has been viewed within the context of the history of natural science as a precursor to and a primitive form of chemistry. The enigmatic goal of the alchemical process, the Philosophers' Stone, is the focus of this dissertation. A natural scientific approach has shed little light on the mythical, esoteric and symbolic attributes of the Stone, which are intrinsic parts of the alchemical imagination. From the larger perspective of the history of the human spirit, these neglected aspects of the Philosophers' Stone can be seen as vital dimensions of an ancient religious and spiritual philosophy, the goal of which …

Examining Professional History As Context For Instructional Meaning, Kristie L. Beyer Campbell

Graduate Research Papers

In this self-study, I examine my practice through the use of a professional history, very much like the self-study research involving personal histories. In this context I used the narrative of my own professional history to examine my language and the meanings within my professional history to understand how I talk about my practice. It is through this examination that I attempt to answer the research question: How are my thinking and understanding about literacy teaching and learning represented in the language within my professional history? The text were analyzed using a constant comparative method (Dye, Schatz, Rosenberg, & Coleman, …

What Is A Berber?: Characterizations Of Imazighen From Britain And Morocco, Byron Head

Honors Theses

This thesis seeks to investigate the similarities and differences in the characterization of Amazigh identity between nineteenth century British writings and contemporary (early twenty-first century) Moroccan news articles. The methods employed to do so included broad reading of both British and Moroccan writings, and analysis and sorting of the characterizations found therein. The results of this process showed that the British perspective, while nuanced, focused excessively on the Amazigh as violent and less civilized; contemporary Moroccan news sources portrayed the Amazigh as peaceful, organized, and seeking equal rights within Morocco. Conclusions of this study are thus: the British perspective, while …

The Role Of Earmarking In Modern Day Congress, Charles Owen

Honors Theses

This thesis is meant to analyze the correlation between earmarks and bi partisan voting behavior in the United Sates Congress. I collected earmarks data for the 111th Congress in order to understand how much was spent on both solo and joint earmarks. I then used this data to create a list of the top 87 bi partisan earmark partners for the 111th Congress. After creating the list of partners, I analyzed their voting behavior to see how often these bipartisan partners voted together in the 111th Congress because earmarks were present during this session. I then used the same partnerships …