Digital Commons Network^™

Too Big And Unable To Fail, Arthur E. Wilmarth Jr., Stephen Lubben

GW Law Faculty Publications & Other Works

Financial regulation after the Dodd-Frank Act has produced a blizzard of acronyms, many of which revolve around the “too big to fail” (TBTF) problem. OLA, OLF, SPOE, and TLAC are new regulatory tools that seek to build a new regime for resolving failures of systemically important financial institutions (SIFIs). The explicit goal of this new regime is to enable a SIFI to fail, just like United Airlines or Blockbuster Video, without requiring a government bailout. In this article, we express significant doubts about the new regime’s ability to work as advertised. The “single point of entry” (SPOE) resolution strategy, which …

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 …

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 …

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 …

Gender And The Sharing Economy, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

While the sharing economy has been celebrated as a flexible alternative to traditional employment for those with family responsibilities, especially women, it presents challenges for gender equality. Many of the services that are “shared” take place in the context of intimacy, which can have substantial consequences for transacting, particularly by enhancing the importance of identity of both the worker and the customer. Expanding on previous research on intimate work — a critical area that exists largely in limbo between the law of the market and the law of the family — this Article, written for the Cooper-Walsh Colloquium, explores 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 …

Human Oocytes And Embryos Viewed By Time-Lapse Videography, And The Development Of An Embryo Deselection Model, Yanhe Liu

Theses: Doctorates and Masters

Despite its wide application today, in vitro fertilization (IVF) treatment continues to have relatively low efficacy, largely due to inaccuracy in selecting the best quality embryo(s) from the cohort for transfer. Novel methodologies for improved selection are being developed, and time-lapse observation of human embryos is gaining increasing popularity due to the more detailed morphokinetic information obtained plus uninterrupted culture conditions. The morphokinetic information enables the use of quantitative timings in developmental milestones of embryos and qualitative measures of abnormal biological events, to assist embryo selection/deselection. This project aimed to identify current limitations in the use of such measures and …

Evaluation Of A Mosquito Control Intervention And Recommendations For Development Of Best Practice Protocols By The Shire Of Kalamunda, Kerry Staples

Theses: Doctorates and Masters

Abstract

The mosquito control program implemented by the Shire of Kalamunda Environmental Health Service has been assessed. Mosquito species and abundance has been evaluated along with an assessment on the current level of pesticide resistance and downstream S‐methoprene levels post‐treatment. The rate of Ross River virus transmission within the Shire has also been considered, along with the relationship between local species and virus transmission.

Methodology

Floating Emergence Traps were used in 15 storm‐water gullies to determine the effectiveness of S‐methoprene briquets in prevention of adult mosquito emergence over 124 days. Samples were taken monthly from October 2014 to March 2015. …

An Experimental And Numerical Study Of Surface Interactions In Turbulent Swirling Jets, Zahir Uddin Ahmed

Theses: Doctorates and Masters

Convective heat transfer and drying processes are found in industrial applications from gas turbine blade cooling to drying of food products and paper. In many instances, these processes rely on either a single or an array of fluid jets which impinge onto a surface. Traditionally, non-swirling impinging jets have been used, but interest surrounds possible advantages from imposing swirl into these jets to further promote heat and mass transfer at the surface. The challenge of resolving this question is that including swirl further complicates fluid-surface interactions. Studies are faced with the complexity of flow behaviour, the need for intricate measurement …

Factors Affecting Csr Disclosure In Nepalese Banks: A Global Reporting Initiative Perspective, Gopi Bidari

Theses: Doctorates and Masters

This thesis examines the extent of Corporate Social Responsibility (CSR) disclosures made by Nepalese banks in their annual reports based on GRI G4 guidelines. Also, this thesis accentuates the relationships between the influencing factors (i.e. bank size, bank age, bank profitability and ownership structure) and the CSR disclosure levels (i.e., economic, social, environmental and the overall CSR disclosures).

A sample of 82 banks was selected from the Nepal Stock Exchange for the year 2014. CSR related information was collected from the annual reports of the sample banks. Content analysis and multiple regression analysis tools were used to test the developed …

Actor Training And Emotions: Finding A Balance, Susan Leith Taylor

Theses: Doctorates and Masters

Actor training is a challenging and personally confronting course of study during which students can undergo intense emotional upheaval. Australian conservatoires and vocational drama schools teach acting students to access and expand their emotional range as part of their professional skill repertoire. A variety of methods and techniques are used to assist and enable them to accomplish this. Sometimes, student actors are requested to tap into personal memories, which can have severe emotional repercussions. Many exercises in other areas of training can also be very emotionally confronting. Finding a balance between having emotions available for use in acting work and …

An Investigation Into Student And Teacher Perceptions Of, And Attitudes Towards, The Use Of Information Communications Technologies To Support Digital Forms Of Summative Performance Assessment In The Applied Information Technology And Engineering Studies Courses In Western Australia, Steven Puay Chong Chia

Theses: Doctorates and Masters

This study investigated the connections between teachers’ and students’ perceptions of, and attitudes towards, the use of Information and Communications Technologies (ICT) to support assessment in senior secondary courses in Western Australia, and the feasibility of such support in various forms. This investigation focused on the main characteristics of these perceptions, and attitudes and their relationships with curriculum, pedagogy, assessment and ICT. The findings provide guidelines for educators in using ICT to support summative performance assessment. My study was part of the main research study undertaken by Edith Cowan University (ECU) and the Curriculum Council of Western Australia (CCWA) and …

Web Accessibility Compliance For E-Government Websites In The Gulf Region, Muhammad Saleem

Theses: Doctorates and Masters

The World Wide Web is a digital platform that helps people access and retrieve information in an accessible and equitable manner. However, people with disabilities can face a number of challenges when it comes to using the Web and accessing content on websites. According to Henry, web accessibility means “that people with disabilities can use the Web. More specifically, Web accessibility means that people with disabilities can perceive, understand, navigate, and interact with the Web, and that they can contribute to the Web” (2005, para.1). While different countries across the globe tackle issues of equitable access to the web via …

Measuring The Quality And Identifying Influencing Factors Of Sustainability Reporting: Evidence From The Resources Industry In Australia, Siew Hoon Ong

Theses: Doctorates and Masters

The lack of a standardised reporting framework in sustainability reporting has resulted in companies producing unaudited generic sustainability information that are not reflective of companies’ actual sustainability performance. The disclosures also differ in quality and hinder comparison. This study addresses these problems with the development of a new scoring index that integrates the hard and soft principles in Clarkson, Li, Richardson and Vasvari’s (2008) environmental index with performance indicators of the Global Reporting Initiatives (GRI) framework. The newly developed index comprises all three aspects of sustainability (economic, environmental and social) and adopts a standardised scoring scale that is reflective of …

The Documentary Mind: In The Subject Of A Practitioner’S Perspective On Changes In Documentary Concept And Production, Harold Robert (Bob) Hardie

Theses: Doctorates and Masters

This autoethnographic study examines the influences of recent digital technology upon the practice and philosophy of documentary filmmaking. To assess the impact of new digital methodology on the film production process, The Musicians, a wholly-digital, 55-minute documentary film, was produced as an example. This music-based subject was chosen to specifically demonstrate the potential advantages of lightweight digital equipment and its extended recording capacity in orchestral documentation. The capability of non-linear digital editing to process large amounts of imagery, together with its ability to manage multiple image and audio streams concurrently, was also examined. This exegesis also reviews the impact of …

Deflector Effects In Fixed Bed (Biomass) Combustors And Non-Combusting Packed Beds, Babak Rashidian

Theses: Doctorates and Masters

Combustion can be used to thermally process biomass fuels and yield both heat and power in a sustainable manner. At present, direct combustion of solid biomass is the primary approach for generating electricity and heat when these fuels are used at a commercial scale.

Deflectors have been used in the freeboard section of industrial combustors to reduce radiant heat loss through flue gases and for particle emissions abatement. Freeboard deflectors can also influence emissions and freeboard temperature distributions by changing the flow dynamics. Despite much research into laboratory scale biomass combustion and packed beds, there have been no systematic studies …

Factors Influencing Young Bystanders' Decisions To Intervene When Witnessing Cyber-Aggression: A Mixed Methods Exploration, Lisa Jodi Patterson

Theses: Doctorates and Masters

With the modern proliferation of computers, the Internet and smart phones, adolescents are at increased risk of cyber-aggression: negative, harmful behaviour expressed through electronic means and aimed at an individual (or group of individuals). Cyber-aggression can have serious consequences for the social, emotional and physical health of both targets and perpetrators. Some experts recommend tackling cyberaggression using the strategies applied to face-to-face forms of aggression and bullying in school environments. One such strategy is to encourage peer bystanders to intervene in a positive way, which has been demonstrated to influence both the duration and severity of bullying episodes in the …

A Design Thinking Approach To Professional Development In Reasonable Adjustment: A New Methodology For Trainers In The Vocational Education And Training Sector Of Western Australia, Russell Thom

Theses: Doctorates and Masters

This research has demonstrated that design thinking (DT) could be used as a professional development (PD) methodology for Vocational Education and Training (VET) trainers in understanding and applying reasonable adjustment (RA). The use of design thinking has the further benefit of raising the trainer’s empathy and understanding of the impact of injury and disability upon a person’s life and the significance of RA outside of the training context.

A workshop (PD session) was designed and conducted to explorer the relevance and success of the PD framework and the use of design thinking in developing an understanding and applying RA. The …

Uncovering The Unpublished Chamber Music Of George Frederick Boyle Volume I: Dissertation, Ryan Davies

Theses: Doctorates and Masters

This dissertation examines the chamber works for piano and strings by Australian--‐born American composer, pianist, and teacher, George Frederick Boyle (1886–1948). Boyle was somewhat of a prodigy in his younger years and contributed much to Australia’s burgeoning concert scene. In 1905 he left Australia to study with Ferruccio Busoni, and from 1910 until his death he lived and worked in the United States, where he was on the faculty of some of the most prestigious music schools. Despite Boyle's eminence as a pianist, composer and educator, today he is almost forgotten. This dissertation offers a reappraisal of George Boyle through …

Creativity, Design And Management In Australian Fashion Enterprises, Bruno Santarelli

Theses: Doctorates and Masters

In this study a number of Australian fashion enterprises are investigated in an effort to understand how product development is managed and creativity facilitated. Of particular interest was the interaction between the various actors in the creative process and the manner in which they influenced creative output. The study was underpinned by a wideranging review of the literature that reflects the multidisciplinary nature of creativity and innovation in business.

The study is timely because Australian fashion enterprises are operating in an increasingly challenging market with a perfect storm of competitive drivers at play. Technology enables instant dissemination of fashion trends …

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 …

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 …

Spinning Our Wheels And Deepening The Divide: Call For An Evidence-Based Approach To The Fish Pain Debate, Steven J. Cooke

Animal Sentience

There is vigorous ongoing debate about whether fish feel pain and have the capacity to suffer. The body of literature dedicated to the topic is increasing but what is particularly problematic is that the majority of the contributions represent opinion pieces and thus fall within the realm of advocacy. Many of the empirical research papers purporting that fish do or do not feel pain have problems with cavalier use of definitions, poor experimental design, or statistical/technical issues and tend to include advocacy statements in their interpretations. Rather than continuing to spin our wheels and deepen the divide, I would advocate …

Inactivation Of Cytomegalovirus In Breast Milk Using Ultraviolet-C Irradiation: Opportunities For A New Treatment Option In Breast Milk Banking, Megan L. Lloyd, Nurul Hod, Jothsna Jayaraman, Elizabeth A. Marchant, Lukas Christen, Peter Chiang, Peter E. Hartmann, Geoffrey R. Shellam, Karen N. Simmer

Research outputs 2014 to 2021

Pasteurized donor human milk is provided by milk banks to very preterm babies where their maternal supply is insufficient or unavailable. Donor milk is currently processed by Holder pasteurization, producing a microbiologically safe product but significantly reducing immunoprotective components. Ultraviolet-C (UV-C) irradiation at 254 nm is being investigated as an alternative treatment method and has been shown to preserve components such as lactoferrin, lysozyme and secretory IgA considerably better than Holder pasteurization. We describe the inactivation of cytomegalovirus, a virus commonly excreted into breast milk, using UV-C irradiation. Full replication was ablated by various treatment doses. However, evidence of viral …

Photonic Microstructures For Energy-Generating Clear Glass And Net-Zero Energy Buildings, Mikhail Vasiliev, Ramzy Alghamedi, Mohammad Alam, Kamal Alameh

Research outputs 2014 to 2021

Transparent energy-harvesting windows are emerging as practical building-integrated photovoltaics (BIPV), capable of generating electricity while simultaneously reducing heating and cooling demands. By incorporating spectrally-selective diffraction gratings as light deflecting structures of high visible transparency into lamination interlayers and using improved spectrally-selective thin-film coatings, most of the visible solar radiation can be transmitted through the glass windows with minimum attenuation. At the same time, the ultraviolet (UV) and a part of incident solar infrared (IR) radiation energy are converted and/or deflected geometrically towards the panel edge for collection by CuInSe₂ solar cells. Experimental results show power conversion efficiencies in excess …

Re-Conceptualising Graduate Employability: The Importance Of Pre-Professional Identity, Denise Jackson

Research outputs 2014 to 2021

Despite efforts to broaden the concept of graduate employability, there remains an overarching focus on developing industry-relevant employability skills. The skills-based approach is, however, too narrow and does not fully capture the complexity of graduate work-readiness. This paper argues for the redefining of graduate employability by embracing pre-professional identity (PPI) formation. PPI relates to an understanding of and connection with the skills, qualities, conduct, culture and ideology of a student's intended profession. The ‘communities of practice’ model is drawn upon to demonstrate how PPI can be developed during university years. Here, a student makes sense of his/her intended profession through …

Suppression Of Neutrophil-Mediated Tissue Damage—A Novel Skill Of Mesenchymal Stem Cells, Dongsheng Jiang, Jana Muschhammer, Yu Qi, Andrea Kügler, Juliane C. De Vries, Mona Saffarzadeh, Anca Sindriaru, Seppe V. Beken, Meinhard Wlaschek, Mark A. Kluth, Christoph Ganss, Natasha Y. Frank, Markus H. Frank, Klaus T. Preissner, Karin Scharffetter-Kochanek

Research outputs 2014 to 2021

Mesenchymal stem cells (MSCs) are crucial for tissue homeostasis and regeneration. Though of prime interest, their potentially protective role on neutrophil-induced tissue damage, associated with high morbidity and mortality, has not been explored in sufficient detail. Here we report the therapeutic skill of MSCs to suppress unrestrained neutrophil activation and to attenuate severe tissue damage in a murine immune-complex mediated vasculitis model of unbalanced neutrophil activation. MSC-mediated neutrophil suppression was due to intercellular adhesion molecule 1-dependent engulfment of neutrophils by MSCs, decreasing overall neutrophil numbers. Similar to MSCs in their endogenous niche of murine and human vasculitis, therapeutically injected MSCs …

A Rapid Co-Culture Stamping Device For Studying Intercellular Communication, Amin Hassanzadeh-Barforoushi, Jonathan Shemesh, Nona Farbehi, Mohsen Asadnia, Guan H. Yeoh, Richard P. Harvey, Robert E. Nordon, Majid E. Warkiani

Research outputs 2014 to 2021

Regulation of tissue development and repair depends on communication between neighbouring cells. Recent advances in cell micro-contact printing and microfluidics have facilitated the in-vitro study of homotypic and heterotypic cell-cell interaction. Nonetheless, these techniques are still complicated to perform and as a result, are seldom used by biologists. We report here development of a temporarily sealed microfluidic stamping device which utilizes a novel valve design for patterning two adherent cell lines with well-defined interlacing configurations to study cell-cell interactions. We demonstrate post-stamping cell viability of > 95%, the stamping of multiple adherent cell types, and the ability to control the seeded …

The Influence Of The Sex Of And Prior Relationship Between The Perpetrator And Victim On Perceptions Of Stalking: A Qualitative Analysis, Jeff Bath, Adrian J. Scott

Research outputs 2014 to 2021

The sex of and prior relationship between the perpetrator and victim have been shown to influence perceptions of stalking. To explore the ways in which shared assumptions around these factors interact to shape perceptions of stalking, this study analyses the deliberations of mock juries as they attempt to reach a unanimous verdict on a hypothetical stalking case summary. Twelve mock juries comprising between five and six ‘jurors’ (n = 64) were presented with one of three versions of a case summary (stranger, acquaintance, and ex-partner) describing a man stalking a woman or a woman stalking a man. Thematic analysis shows …

Interrogating Power And Disrupting The Discourse About Onslow And The Gas Hubs, Kayt Davies, Karma Barndon

Research outputs 2014 to 2021

When government statements talk about a secret deal with a multinational consortium that will see more than A$250 million spent on a town with a population of around 1000 people, questions need to be asked. Basic maths equates the spend to around $250,000 a person and yet many people in the town are unhappy about the whole deal. 'Tracking Onslow' was a collaboration between a university and a local government that used journalism as a methodology to document and interrogate the interaction between Chevron, the state and local governments and the Onslow community over a three-year period. This article focuses …