Digital Commons Network^™

Second Report On Crimes Against Humanity, Sean D. Murphy

GW Law Faculty Publications & Other Works

In July 2014, the U.N. International Law Commission placed the topic “Crimes against humanity” on its current program of work and appointed a Special Rapporteur. According to the topic proposal, the objective of the Commission is to draft articles for what could become a Convention on the Prevention and Punishment of Crimes against Humanity.

In July 2015, based on the Special Rapporteur’s First Report, the Commission provisionally adopted the first four draft articles with commentary. In this Second Report, which will be debated by the Commission during the summer of 2016, the Special Rapporteur proposes an additional six draft articles, …

How The Creation Of Appellate Courts In England And The United States Limited Judicial Comment On Evidence To The Jury, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

The practice of judicial comment on the evidence has traditionally been the main form of jury control. Previous scholarly work has focused on the loss of the power in state courts, and has attributed the decline of judicial comment to a strict separation of functions between judge and jury and to regional differences in legal culture. This article examines two jurisdictions in which the power of comment long remained strong, at least in theory: the High Court of England, with its predecessors, and the federal courts in the United States. In both jurisdictions, judicial power to comment has been limited …

Individual Sanctions For Competition Law Infringements: Pros, Cons And Challenges, William E. Kovacic, Florian Wagner-Von Paap, Autorite De La Concurrence, Daniel Zimmer, Andreas Stephan

GW Law Faculty Publications & Other Works

Following the substantive harmonization in Regulation (EC) no. 1/2003, the European Commission has started more recently to focus on the harmonization of procedure and sanctions, and in January 2016, the European Parliament called for penalties against natural persons. This special issue looks at the current state of individual sanctions on the EU Member State level, examines from a comparative perspective the institutional challenges which these individual sanctions present, especially for leniency programmes, and discusses the pros and cons of introducing further individual, in particular criminal sanctions in Europe. It examines the experience with criminal sanctions in France, Germany, the United …

On The Evolution Of Property Ownership Among Former Slaves, Newly Freedmen, Eleanor Marie Brown

GW Law Faculty Publications & Other Works

One might think of the slave property system of provision grounds (or “provisioning”) in the West Indies as a happy coalition of interests between planters (who wanted to provide slaves incentives to feed themselves), Westminster (who wanted well-fed slaves to ensure the productivity of the sugar sector, a hefty tax contributor to the Exchequer), and slaves (who saw the advantages of a system which ensured that they were fed and encouraged private enterprise). Yet while this was generally true, notably, not all members of the plantocracy viewed these developments as positive. An outspoken minority feared that the roots of the …

Introduction. A New Field: Comparative Law And Regulation, Francesca Bignami

GW Law Faculty Publications & Other Works

The contemporary regulatory process is global. Markets and the problems they generate—consumer privacy, chemicals safety, and many others—cross borders and so too do regulatory efforts to address those problems. The process, however, by which national and international jurisdictions decide common regulatory problems defies the traditional mold of hierarchical state law. There is no world government with the power to impose a single set of principles and procedures on the multiple jurisdictions, and therefore the global regulatory process is characterized as much by diversity and discord as it is by coordination and convergence.

The new field of comparative law and regulation …

Regulation And The Courts: Judicial Review In Comparative Perspective, Francesca Bignami

GW Law Faculty Publications & Other Works

After a historical survey of the literature, this chapter puts forward a new analytical scheme to capture variation in comparative judicial review. The earliest, and still relevant, classification developed in the scholarly literature turns on the difference between judicial review of administrative action by the ordinary courts in the English common law and by a special body (Conseil d’Etat) connected to the executive branch in the French droit administratif. This is followed chronologically by the contrast that has been drawn by Robert Kagan and public-choice scholars between the litigious and formal American system of law and public policy and the …

Guns, Bird Feathers, And Overcriminalization: Why Courts Should Take The Second Amendment Seriously, Robert J. Cottrol, George Mocsary

GW Law Faculty Publications & Other Works

Who should the state punish? Why? Should punishment be proportional? This article surveys, in the context of these fundamental criminal-law questions, the Second Amendment’s constitutional history and jurisprudence. A vast body of evidence shows that the framers of both the Second and Fourteenth Amendments intended to protect the individual’s right to keep and carry arms for protection against both governmental and private aggression.

Yet courts, unwilling to allow disfavored groups the means of self-defense, or fearing being blamed for criminal firearm activity, have failed to enforce the right to bear arms to any meaningful extent. After the Civil War, the …

Using The Student-Edited Law Review To Teach Critical Professional Skills, Karen Thornton

GW Law Faculty Publications & Other Works

At a time when law schools are being urged to add experiential learning opportunities to their curricula, law reviews may have been overlooked because the need is so obvious. Producing a journal is a professional endeavor requiring leadership by student editors who are in the process of forging their professional identity. Law schools have a responsibility to teach critical professional skills as part of the pedagogy to shape future lawyers. This article summarizes the need for law schools to provide experiential learning opportunities, unpacks the criticism faculty authors have heaped on student-led law reviews, and the describes a symposium-style training …

The Illegality Defence In Corporate Law Claims Against Directors And Officers, Wai Yee Wan

Research Collection Yong Pung How School Of Law

If a company incurs substantial fines or other pecuniary losses as a result of its unlawful conduct, can the company obtain an indemnity from its director/officer for having caused the company to incur such fines and losses? In particular, can the director/officer utilise the defence of illegality, notwithstanding that he has breached his duties owed to the company? The illegality defence, which raises the twin issues of the relationship between the unlawful act to the corporate claim and the attribution of the unlawful act to the company, has been the subject of detailed analysis recently in England, Singapore and Hong …

Robust Information Cascade With Endogenous Ordering, Yi Zhang

Research Collection School Of Economics

We analyze a sequential decision model with endogenous ordering in which decision makers are allowed to choose the time of acting (exercising a risky investment option) or waiting. We show the existence of a unique symmetric equilibrium and characterize information cascade under endogenous ordering. Further, if there are two or more risky investment options, individuals tend to wait longer with competition. Hence, we could end up with a dilemma: more options might be worse.

Meritocracy Voting: Measuring The Unmeasurable, Peter C. B. Phillips

Research Collection School Of Economics

Learned societies commonly carry out selection processes to add new fellows to an existing fellowship. Criteria vary across societies but are typically based on subjective judgments concerning the merit of individuals who are nominated for fellowships. These subjective assessments may be made by existing fellows as they vote in elections to determine the new fellows or they may be decided by a selection committee of fellows and officers of the society who determine merit after reviewing nominations and written assessments. Human judgment inevitably plays a central role in these determinations and, notwithstanding its limitations, is usually regarded as being a …

Shrinkage Estimation Of Dynamic Panel Data Models With Interactive Fixed Effects, Xun Lu, Liangjun Su

Research Collection School Of Economics

We consider the problem of determining the number of factors and selecting the proper regressors in linear dynamic panel data models with interactive fixed effects. Based on the preliminary estimates of the slope parameters and factors a la Bai (2009) and Moon and Weidner (2015), we propose a method for simultaneous selection of regressors and factors and estimation through the method of adaptive group Lasso (least absolute shrinkage and selection operator). We show that with probability approaching one, our method can correctly select all relevant regressors and factors and shrink the coefficients of irrelevant regressors and redundant factors to zero. …

Hot Property In New Zealand: Empirical Evidence Of Housing Bubbles In The Metropolitan Centres, Ryan Greenaway-Mcgrevy, Peter C. B. Phillips

Research Collection School Of Economics

Using recently developed statistical methods for testing and dating exuberant behaviour in asset prices we document evidence of episodic bubbles in the New Zealand property market over the past two decades. The results show clear evidence of a broad-based New Zealand housing bubble that began in 2003 and collapsed over mid-2007 to early 2008 with the onset of the worldwide recession and the financial crisis. New methods of analysing market contagion are also developed and are used to examine spillovers from the Auckland property market to the other metropolitan centres. Evidence from the latest data reveals that the greater Auckland …

The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …

Semiparametric Estimation Of Partially Linear Dynamic Panel Data Models With Fixed Effects, Liangjun Su, Yonghui Zhang

Research Collection School Of Economics

In this paper, we study a partially linear dynamic panel data model with fixed effects, where either exogenous or endogenous variables or both enter the linear part, and the lagged-dependent variable together with some other exogenous variables enter the nonparametric part. Two types of estimation methods are proposed for the first-differenced model. One is composed of a semiparametric GMM estimator for the finite-dimensional parameter θ and a local polynomial estimator for the infinite-dimensional parameter m based on the empirical solutions to Fredholm integral equations of the second kind, and the other is a sieve IV estimate of the parametric and …

Alfred D. Gilchrist Architectural Drawings - Accession 1103, Allfred D. Gilchrist

Manuscript Collection

The collection consists of architectural drawings and other related items of Alfred D. Gilchrist (1873-1944). Gilchrist predominately operated in South Carolina and North Carolina from 1913 to 1940. He started working in Rock Hill, SC as the manager of the Rock Hill office of Hook and Rogers, Architects in 1913 and by 1920, he opened his own office in Rock Hill which he maintained through 1940.

The drawings consist of homes, public buildings (i.e. schools, city government buildings, etc.), and private businesses that were mainly located in York County (SC) and Chester County (SC). Some of Mr. Gilchrist’s architectural …

The Ten Tribes Of Wier In America - Accession 715 No. 6, Family History - Wier Family, William Swansea Wier

Manuscript Collection

The Ten Tribes of Wier in America was compiled and printed by William Swansea Wier in Atlanta, Georgia in 1933. The book covers the family and descendants of Thomas and Mary Withrow Wier from the 1700s through 1933. They eventually settled in Greenwood, S.C. There are handwritten notes in the book presumably added by the author. Other surnames found in the volume include: Blake, Britt, Dunbar, Gregg, Peden, McDill, McDowell, Mull, and Scott. The book includes photographs and a folding generational chart. Please see the attached document.

Shaw Land Surveying Inc. Records - Accession 988, Shaw Land Surveying Inc.

Manuscript Collection

The Shaw Land Surveying, Inc. Records consist of the survey plats and field books pertaining to David Shaw and to Shaw Land Surveying, Inc. Shaw earned his professional surveying license in 1994 and operated his surveying business from 1994 until his death on November 5, 1998. The surveys are arranged in alphabetical order by the client requesting survey, how originally organized by David Shaw, and not necessarily the property owner, however, property owners of individual plats are cross-referenced in Appendix/Index I. There are often several surveys per job and many were performed by other surveyors, which are cross-referenced by the …

Brookgreen Gardens Sculpture Photograph Collection - Accession 1543, Brookgreen Gardens

Manuscript Collection

This collection consists of an artificially bounded book of 76 photographs taken of 74 sculptures at Brookgreen Gardens around the 1940s, possibly as early as the 1930s. Brookgreen Gardens is located in Murrells Inlet, South Carolina, and was established as a sculpture garden and wildlife preserve. The bound volume of photographs was given to Carnegie Library at Winthrop College in January of 1951.

Mccrory's Five And Dime Store Records - Accession 1467, Mccrory's Five And Dime Store Records

Manuscript Collection

This collection contains correspondence, titles, and leases concerning James S. White Jr. and McCrory’s Dime Store, as well as, blueprints, newspaper clippings, and a McCrory’s Store inventory. McCrory’s Dime Store was located on Main Street in Rock Hill, South Carolina in a building built in 1901. McCrory’s operated from 1937 through 1997 and from 1960-1961 was the site of several “sit-in” protests by black students from nearby Friendship Jr. College.

'Face' And Psychological Processes Of Laid-Off Workers In Transitional China, Bingxin Wang, Kenneth M. Greenwood

Research outputs 2014 to 2021

Objective:

The objective was to explore the psychological experiences of laid-off workers in contemporary transitional China and to formulate a theoretical model of these.

Methods:

In-depth interviews of 26 laid-off workers were conducted and analysed using grounded theory techniques.

Results:

Four themes underline the psychological processes of these laid-off workers - feeling of loss, feeling of physical pain, feeling of fatalism, and final acceptance. These are characterized by Chinese culture and its philosophy - feeling of loss is dominated by their loss of face (diu mianzi), physical pain is a somatization of their mental painfulness, their fatalism is traced back …

Building Online Community On Snac: A Netnographic Study Of The Early Years Sector, Ruth Wallace, Leesa Costello, Amanda Devine

Research outputs 2014 to 2021

‘‘Build it and they will come,’’ an adage critiqued as a common misconception of participatory engagement with online communities. Previous research indicated that a netnographic approach based upon researcher– participant engagement would provide the best opportunity to build and sustain a successful support community [...].

The Uyghur Population And Genetic Susceptibility To Type 2 Diabetes: Potential Role For Variants In Capn10, Apm1 And Fut6 Genes, Feifei Zhao, Dolikun Mamatyusupu, Youxin Wang, Honghong Fang, Hao Wang, Qing Gao, Hao Dong, Siqi Ge, Xinwei Yu, Jie Zhang, Lijuan Wu, Manshu Song, Wei Wang

Research outputs 2014 to 2021

Genome-wide association studies have successfully identified over 70 loci associated with the risk of type 2 diabetes mellitus (T2DM) in multiple populations of European ancestry. However, the risk attributable to an individual variant is modest and does not yet provide convincing evidence for clinical utility. Association between these established genetic variants and T2DM in general populations is hitherto understudied in the isolated populations, such as the Uyghurs, resident in Hetian, far southern Xinjiang Uyghur Autonomous Region, China. In this case–control study, we genotyped 13 single-nucleotide polymorphisms (SNPs) at 10 genes associated with diabetes in 130 cases with T2DM and 135 …

First Year Business Students' Perceptions Of Academic Support Through Embedding. A Practice Report, Carmela De Maio, Anibeth Desierto

Research outputs 2014 to 2021

This paper explores the perceptions of first year Business students to embedding sessions and additional support workshops offered through a collaboration between learning advisors and lecturers in a first year foundational unit. Through a social constructivist lens and utilising action research methods, questionnaires (n = 42) were administered to two cohorts of students at the conclusion of the unit in 2011 and 2012 to explore firstly, whether or not they perceived the embedding sessions to be of benefit and, secondly, whether having the learning advisor in the class made them more likely to utilise additional support outside class time. In …

Population Dynamics And Management Implications For American White Pelicans (Pelecanus Erythrorhynchos) Breeding At Marsh Lake, Lac Qui Parle Wildlife Management Area, Minnesota, Jon J. Dimatteo

Biological Sciences

The American white pelican (Pelecanus erythrorhynchos) is a prominent breeding bird in Minnesota, but little information has been available on their production, population dynamics, growth and development, or demographic characteristics. I examined life-history traits of American white pelicans nesting colonially at Marsh Lake, Lac qui Parle Wildlife Management Area, Minnesota. Marsh Lake is an impounded river floodplain lake on the Upper Minnesota River that holds the largest American white pelican breeding colony in Minnesota (and one of the largest American white pelican breeding colonies in North America). An analysis of colony population levels and spring streamflow data indicated that more …

Blurred Lines: Privacy Management, Family Relationships, And Facebook, Joshua H. Miller, Carly Danielson, Erin Sahlstein Parcell, Kristine Nicolini, Theresa Boucher

Iowa Journal of Communication

Social media has enhanced and complicated family communication dynamics. For example, while Facebook gives many family members a space for connection, "friending" a family member on Facebook, or choosing not to do so, can make privacy management challenging and may serve as a potential source of conflict within the family. Such dynamics inspired the authors to ask college students how Facebook use has negatively influenced their family relationships and communication. Sensitized by Petronio's (2002) Communication Privacy Management (CPM) theory, we qualitatively analyzed online survey responses (n = 80) and identified four themes in our participants' family experiences with conflicts related …

Annual Report Of The Registrar 2015/2016, University Of Northern Iowa

Institutional Effectiveness & Planning Documents

Contents:

--- Definitions
--- Some Comparisons
--- Annual Report Data
--- Summary of Attendance
--- Attendance by Session
--- Degrees Granted 2015/16
--- Degree Summary 2015/16
--- Program Certificates 2015/16
--- Miscellaneous Enrollment Information
--- Degrees Granted by College, Degree and Racial/Ethnic Classification

Justice By Proxy: Combatting Forced Labor In The Greater Mekong Subregion By Holding U.S. Corporations Liable, Sasha Beatty

Vanderbilt Journal of Transnational Law

Human trafficking in Southeast Asia is still a thriving and lucrative industry. Despite these blatant human rights violations, international and local laws have struggled to keep ahead of the rapidly growing human trafficking industry. The result is a legal system that cannot effectively combat human trafficking in this region. This Note highlights the United States' significant financial contribution to the growth of this slavery industry, particularly in the purchase of significant quantities of goods produced by forced labor in this region. This Note argues that a way to expedite change in this region should be from external, foreign law targeting …

Recalibrating The Scales Of Municipal Court Justice In Missouri: A Dissenter’S View, Kimberly Jade Norwood

Scholarship@WashULaw

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.

What Does The Research Say About Standards-Based Grading? A Research Primer, Matt Townsley, Tom Buckmiller

Faculty Publications

Traditional grading practices have been used for over one hundred years, and to date, there have been no meaningful research reports to support it. As such, some schools are transitioning to standards-based grading, a practice based upon several evidence-based principles. The purpose of this research primer is to provide an overview of the research literature on standards-based grading.