Digital Commons Network^™

Fall 2016 Supplement To Brauneis & Schechter, Copyright: A Contemporary Approach, Robert Brauneis, Roger E. Schechter

GW Law Faculty Publications & Other Works

This cumulative supplement contains additional materials for Brauneis and Schechter, Copyright: A Contemporary Approach (1st ed. 2012) that make it current through July 2016. Special features include a hyperlinked table of references to 19 recent cases decided since July 2015, which may be helpful in getting an overview of developments over this past year; a hyperlinked table of contents to all inserts; and a chapter-by-chapter guide to using the supplement, intended for professors who are creating or updating syllabi. The supplement contains nine principal cases with notes, as well as dozens of other updates.

What's Warren Buffett's Secret To Great Writing?, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

The gold standard in corporate communications is that of Warren Buffett’s letters to shareholders. When leaders of the National Association of Corporate Directors wanted to understand exactly why they are so valuable, they turned to Lawrence Cunningham, an incomparably informed and knowledgeable expert on the subject, having since 1995 been Buffett’s handpicked compiler and editor of The Essays Warren Buffett: Lessons for Corporate America. The editors of NACD’s quarterly, Directorship, published Cunningham’s article as their cover story in the summer of 2016. They explained:

The legendary chair and CEO of Berkshire Hathaway has nearly perfected the art of writing his …

Double Deference In Administrative Law, Emily Hammond

GW Law Faculty Publications & Other Works

Administrative law presumes a neat system of agency rulemaking and adjudication followed by judicial review. But the reality of the administrative state departs starkly from this model. One such departure is the use of audited self-regulatory organizations (SROs) -- private organizations comprised of specific industries that formulate binding law to regulate themselves. Although SROs operate subject to the oversight of federal agencies, their power is vast, reaching significant swaths of the national and international economies. There is little to constitutionally constrain such arrangements, and whereas the administrative law model values the norms of participation, deliberation, and transparency, the procedures used …

Technological Innovation, Data Analytics, And Environmental Enforcement, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Technical innovation is ubiquitous in contemporary society and contributes to its extraordinarily dynamic character. Sometimes these innovations have significant effects on the state of the environment or on human health and they have stimulated efforts to develop second order technologies to ameliorate those effects. The development of the automobile and its impact on life in the United States and throughout the world is an example. The story of modern environmental regulation more generally includes chapters filled with examples of similar efforts to respond to an enormous array of technological advances.

This Article uses a different lens to consider the role …

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 …

Introductory Chapter To Elgar Encyclopedia Of Environmental Law: Decisionmaking In Environmental Law, Robert L. Glicksman, Lee C. Paddock

GW Law Faculty Publications & Other Works

This introductory chapter provides an overview of the growth of environmental law and the decision making structures that governments have developed to adopt, administer, and enforce it. It traces the manner in which cooperative federalism and public participation have affected decision making structures in environmental law, primarily in the United States. It summarizes key challenges that policymakers continue to face in designing environmental laws, including choices on the allocation of authority among different levels of government, the appropriate mix of regulatory and non-regulatory tools to use in environmental protection initiatives, efforts to accommodate environmental protection and economic growth objectives, techniques …

The Case For Symmetry In Antidiscrimination Law, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

Antidiscrimination law faces a fundamental design question: the choice between symmetry and asymmetry. A symmetrical law prohibits discrimination on the basis of a trait for a universal class of persons, and for both “sides” of the trait. An asymmetrical law prohibits discrimination on the basis of one “side” of the trait, and for a limited class of persons. Current law is inconsistent in its design. For example, employment discrimination law prohibits race discrimination symmetrically (everyone is protected, and on the basis of any race), but prohibits disability discrimination asymmetrically (only the disabled are protected, and only on the basis of …

Towards A Law Of Coworkers, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

A growing body of research reveals what most Americans already know from experience: that our coworkers play a central role in our lives. The significance of coworker relationships is only magnified in an era of expanding work hours in the twenty-four-seven economy. But the law does not reflect this reality, and instead relegates coworkers to the status of legal strangers. This Article argues that the law’s failure to recognize coworker relationships undermines not only these relationships, but also the goals of work law, and makes the case for a law of coworker relationships that would promote the equal, fair, and …

Causal Responsibility And Patent Infringement, Dmitry Karshtedt

GW Law Faculty Publications & Other Works

It is not uncommon for multiple parties in the stream of commerce — manufacturers, distributors, end users — to be involved in the infringement of a single patent. Yet courts continue to struggle with such scenarios. Attempts to deal with them — particularly when plaintiffs asserted so-called method patents, which cover specific “steps,” or actions — have produced results that defy commonsense notions of legal responsibility. In method patent cases, the patentee must clear much higher legal hurdles to prevail against a manufacturer who designed and supplied an infringing device than against an end user who simply bought that device …

Photocopies, Patents, And Knowledge Transfer: 'The Uneasy Case' Of Justice Breyer's Patentable Subject Matter Jurisprudence, Dmitry Karshtedt

GW Law Faculty Publications & Other Works

One aspect of Justice Stephen Breyer’s discomfort with patents, as expressed in his opinion for the Supreme Court in Mayo v. Prometheus and his dissent from the order dismissing certiorari in LabCorp v. Metabolite, is strikingly similar to one of his critiques of copyright law in The Uneasy Case for Copyright, a well-known article he wrote as Professor Breyer more than forty-five years ago. In The Uneasy Case, Breyer argued that the burdens on duplication of technical articles imposed by copyright law restrict the flow of information and prevent scientists from enjoying spillover benefits of published research. His patent opinions …

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 Level Of Nmda Receptor In The Membrane Modulates Amyloid-Β Association And Perforation, Christian Peters, Fernando J. Sepúlveda, Eduardo Fernández-Pérez, Robert W. Peoples, Luis G. Aguayo

Biomedical Sciences Faculty Research and Publications

Alzheimer’s disease is a neurodegenerative disorder that affects mostly the elderly. The main histopathological markers are the senile plaques formed by amyloid-β peptide (Aβ) aggregates that can perforate the plasma membrane of cells, increasing the intracellular calcium levels and releasing synaptic vesicles that finally lead to a delayed synaptic failure. Several membrane proteins and lipids interact with Aβ affecting its toxicity in neurons. Here, we focus on NMDA receptors (NMDARs) as proteins that could be modulating the association and neurotoxic perforation induced by Aβ on the plasma membrane. In fact, our results showed that decreasing NMDARs, using enzymatic or siRNA …

Modeling Of Selection Of Supply Sources For Hospitals, Siva Raghava Sai Rohith Valiveti

Graduate Dissertations and Theses

Most of the hospitals in the USA carry out their purchasing of supplies, including pharmaceuticals, through Group Purchasing Organizations (GPO). GPO is an organization, which aggregates procuring volumes of their member hospitals and negotiates low prices from manufacturers or vendors. According to 2013 statistics, 98% of hospitals in U.S. are purchasing their bulk health care products through GPOs, and it saves U.S. health care industry approximately $36 billion annually. Through these hospitals enjoy advantages by purchasing through their GPOs, there are some disadvantages such as paying membership fees to their GPOs, restricting the purchasing power of the hospitals outside their …

A New Way To Estimate The Potential Unmet Need For Infertility Services Among Women In The United States, Arthur L. Greil, Kathleen S. Slauson-Blevins, Stacy Tiemeyer, Julia Mcquilan, Karina M. Shreffler

Sociology & Criminal Justice Faculty Publications

Background: Fewer than 50% of women who meet the medical/behavioral criteria for infertility receive medical services. Estimating the number of women who both meet the medical/behavioral criteria for infertility and who have pro-conception attitudes will allow for better estimates of the potential need and unmet need for infertility services in the United States.

Methods: The National Survey of Fertility Barriers was administered by telephone to a probability sample of 4,712 women in the United States. The sample for this analysis was 292 women who reported an experience of infertility within 3 years of the time of the interview. Infertile women …

Extreme Minimum Wages: Effects On The U.S. Hotel Industry, John O'Neill, Sean P. Mcginley

ICHRIE Research Reports

The subject report analyzes literature regarding minimum wages to explore the potential effects of what could be described as extreme increases in the minimum wage on the American hotel industry. The current presidential administration as well as several large municipalities are actively seeking, or recently passed laws that increase the minimum wage by an extreme amount. The subject report quantifies the forecasted effect on the U.S. hotel industry. The study concludes that the hotel industry in the U.S. would have a negative economic impact estimated at $2.53 billion if the current national minimum wage proposal is approved.Min

International Protection Of Free Trade In Procurement Under Nafta’S Chapter 10 On Public Procurement: The Pathway From Nafta To Wto Government Procurement Agreement To A Potential European-Us Transatlantic Trade And Investment Partnership, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The North American Free Trade Agreement (NAFTA), which entered into force on 1 January 1994, is an agreement between Mexico, Canada and the United States to ensure that covered goods and services fall under a comprehensive free trade agreement among the three countries. NAFTA included, in Chapter 10, provisions opening up many aspects of the parties’ procurement markets. As a practical matter, however, NAFTA’s procurement-related provisions have largely been overshadowed by the World Trade Organization (WTO) Agreement on Government Procurement (GPA), which includes the United States, Canada, and many other member parties, but not Mexico. Perhaps in part because Canada …

Zero Rating And The Holy Grail: Universal Standards For Net Neutrality, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

This chapter challenges the prevailing consensus among most academics, activists and policymakers that uniform normative definitions and standards for net neutrality and zero-rating – the Holy Grail of policymaking - do not yet exist. But it turns out the Holy Grail does exist. Using examples drawn from ongoing experiences in Latin America, I demonstrate that the existing international human rights law framework is an appropriate and adequate source for uniform universal standards on net neutrality. Using case studies from Mexico, Colombia, and Chile, I show how the application of relevant human rights standards contributes to effectively implementing and protecting net …

Having Your Cake And Eating It Too? Zero-Rating, Net Neutrality And International Law, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

This Article analyzes the international law response to the zero-rating conundrum. National debates rage across the globe on whether to permit zero-rating, which violates net neutrality, as a means of increasing connectivity, especially in the developing world. As a rule, these highly contentious discussions lack rigor, objectivity, and impact. They are characterized by a clash of dogmas: the sanctity of net neutrality principles, on the one hand, versus the imperative to close the digital divide, on the other. This Article seeks to bridge that dichotomy by invoking the applicable international law framework to analyze zero-rating as a limitation on net …

Money Can’T Buy You Love: Valuing Contributions By Nonresidential Fathers, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This article examines the roots of the disproportionate values the legal system assigns to paternal roles in the family law and child support system, looking to social norms, traditional family law, and the state's interests in the well-being of children. This hierarchy of values reveals itself in the current structure of child support laws and in the enforcement of parenting-time orders on the one hand and child support obligations on the other. The article considers how the allocation of disproportionate values impacts low-income fathers, mothers, children, and the state. The article envisions ways in which the family law system could …

The False Promise Of Custody In Domestic Violence Protection Orders, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This Article reveals the disconnect between the power and the will to enforce the custody and parenting time provisions of protection orders through criminal mechanisms and explores the further infirmity of civil enforcement by illustrating the shortcomings of available relief. Together, these barriers to effective enforcement threaten to render this court-granted protection meaningless and dangerously misleading. The barriers also undermine the many years of advocacy invested to secure these protections in the first place - reforms aimed at protecting victims and children from abusive parents.

This Article explores ways to bring together the will and the power to enforce all …

Exploration In The Effectiveness Of Solid Lipid Nanoparticle Formulations In Enhancing Ocular Delivery Of Win 55, 212 In The Management Of Glaucoma, Emily Ann Nesbit

Honors Theses

Glaucoma is a progressive and degenerative ocular disease which, without proper treatment, can result in permanent blindness. Due to a complex organization of lipophilic and hydrophilic ocular membranes, topical delivery of therapeutic agents has also proved to be a challenging task. Cannabinoids, such as Δ9-Tetrahydrocannabinol (THC), have intraocular pressure (IOP) lowering and neuroprotective capabilities. Due to the unfavorable physiochemical characteristics of these molecules, delivery into the eye through a topical route is very difficult. Previous research has shown that prodrug derivatization and formulations such as solid lipid nanoparticles (SLNs) improve the physiochemical characteristics and ocular bioavailability of such molecules. WIN …

Leading As Nudging: Optimizing Healthcare Delivery Systems Management In Mississippi, Grant Beebe

Honors Theses

Three factors predominantly affect the delivery of healthcare services in the State of Mississippi: 1) the ability to access comprehensive, preventative care; 2) negative perceptions of the Affordable Care Act and similar reform efforts on the part of state and federal agencies; and 3) evolving reimbursement structures affecting the revenue streams of providers. There is a growing consensus among residents, providers, managers, and policy makers, which are key stakeholders in the overall wellness of our State, that preventative care addressing these three factors could play a pivotal role in improving public health. Through the development of a nudge framework of …

Preparation And Evaluation Of Aripiprazole-Loaded Ph-Modulated Solid Dispersion Via Hot-Melt Extrusion Technology, Haley Mcfall

Honors Theses

The objective of this study was to prepare aripiprazole (ARI)-loaded solid dispersions (SDs) to enhance solubility and dissolution via hot-melt extrusion (HME) technology. ARI was chosen due to its poorly water-soluble properties. Solubility screenings of various polymers and acidifiers were performed to select appropriate excipients for the SD. Succinic acid (SA) and Kollidon 12 PF (PVP) were selected as the acidifier and the polymer, respectively. Differential scanning calorimetry and thermogravimetric analysis were used to determine the miscibility, interactions, and thermal stability of the drug and selected excipients. MODDE 8.0 is a design of experiment software that was implemented to produce …

Sex Differences In Elite Swimming With Advanced Age Are Less Than Marathon Running, Jonathon Senefeld, Michael J. Joyner, A. Stevens, Sandra K. Hunter

Exercise Science Faculty Research and Publications

The sex difference in marathon performance increases with finishing place and age of the runner but whether this occurs among swimmers is unknown. The purpose was to compare sex differences in swimming velocity across world record place (1st–10th), age group (25–89 years), and event distance. We also compared sex differences between freestyle swimming and marathon running. The world's top 10 swimming times of both sexes for World Championship freestyle stroke, backstroke, breaststroke, and butterfly events and the world's top 10 marathon times in 5-year age groups were obtained. Men were faster than women for freestyle (12.4 ± 4.2%), backstroke (12.8 …

Survivors Speak: A Qualitative Analysis Of Motivational Factors Influencing Breast Cancer Survivors’ Participation In A Sprint Distance Triathlon, Karen Marie Robinson, Linda B. Piacentine, Leslie J. Waltke, Alexander V. Ng, Judy A. Tjoe

Exercise Science Faculty Research and Publications

Aims and Objectives

To examine motivational factors influencing breast cancer survivors to participate in triathlon training, complete a triathlon and maintain an exercise thereafter.

Background

Routine exercise has been shown to improve quality of life and reduce recurrence for breast cancer survivors. Yet physical and psychological factors present barriers for initiating and maintaining an exercise routine. Research is limited in exploring factors of exercise motivation from the survivor's perspective.

Design

Qualitative design using focus groups and individual follow-up phone interviews to explore motivation for exercise initiation and maintenance.

Methods

One to two weeks after completing a triathlon, 11 breast cancer …

Hip External Rotator Strength Is Associated With Better Dynamic Control Of The Lower Extremity During Landing Tasks, Philip Malloy, Alexander Morgan, Carolyn M. Meinerz, Christopher Geiser, Kristof Kipp

Exercise Science Faculty Research and Publications

Hip external rotator strength is associated with better dynamic control of the lower extremity during landing tasks. J Strength Cond Res 30(1): 282–291, 2016—The purpose of this study was to determine the association between hip strength and lower extremity kinematics and kinetics during unanticipated single-leg landing and cutting tasks in collegiate female soccer players. Twenty-three National Collegiate Athletic Association division I female soccer players were recruited for strength testing and biomechanical analysis. Maximal isometric hip abduction and external rotation strength were measured using a hand-held dynamometer and expressed as muscle torque (force × femoral length) and normalized to body weight. …

Body Composition Measurement In Children With Cerebral Palsy, Spina Bifida And Spinal Cord Injury: A Systematic Review Of The Literature, Michele L. Polfuss, Paula E. Papanek, Fallon Meyer-Wentland, Andrea Moosreiner, Lenore R. Wilkas, Kathleen J. Sawin

Exercise Science Faculty Research and Publications

Pediatric obesity is a major health concern that has an increased prevalence in children with special needs. In order to categorize a child’s weight, an assessment of body composition is needed. Obtaining an accurate body composition measurement in children with special needs has many challenges associated with it. This perplexing scenario limits the provider’s ability to screen, prevent and treat an abnormal weight status in this vulnerable population. This systematic review summarizes common methods of body composition measurements, their strengths and limitations and reviews the literature when measurements were used in children with cerebral palsy, spina bifida and spinal cord …

Harbor Magazine: Preaching The Gospel Of Philanthropy Through The Analysis Of Benefit Corporations, Caroline Hughes

Honors Theses

Harbor magazine is a philanthropic, fashion magazine that advocates the use of sustainable goods in an industry of business moguls simply seeking monetary gain. The brands and philanthropists interviewed and highlighted in the publication have made a difference in some way to the community and the world, developing revolutionary companies that are radically altering the way business is conducted. The brands included in Harbor magazine are recognized as Certified Benefit CorporationsTM, promising to align their business intentions around a public good. Businesses, along with consumers, have an equal responsibility to the planet, and Harbor magazine seeks to make these powerful, …

Perceptions And Attitudes Regarding Preparedness For Campus Crises: A Focus Group Study Of Undergraduates At A Southern University, Christal Davis

Honors Theses

Objective: To explore student perceptions and attitudes toward disaster preparedness and university readiness for various disasters in order to promote future development of effective strategies to change the culture of preparedness on campuses. Methods: A total of 10 focus groups were conducted with 54 students. Participants completed general demographic information before discussing topics related to preparedness. Results: Findings revealed complacency and lack of preparedness among students for many of the disaster types discussed. Participants reported feeling most prepared for pandemic outbreaks, citing various campus preparedness efforts, while they showed the least amount of confidence in their preparedness for incidents of …