Digital Commons Network^™

Direct Marketing Association V. Brohl: Stranded On A Precedential Island, Kristin L. Arthur

Denver Law Review

No abstract provided.

You've Got Mail: Decoding The Bits And Bytes Of Fourth Amendment Computer Searches After Ackerman, Roderick O'Dorisio

Denver Law Review

No abstract provided.

Sustainable Development In Law Practice: A Lens For Addressing All Legal Problems, John C. Dernbach

Denver Law Review

No abstract provided.

Parametric, Nonparametric And Semiparametric Approaches In Profile Monitoring Of Poisson Data, Sepehr Piri

Theses and Dissertations

Profile monitoring is a relatively new approach in quality control best used when the process data follow a profile (or curve). The majority of previous studies in profile monitoring focused on the parametric modeling of either linear or nonlinear profiles under the assumption of the correct model specification. Our work considers those cases where the parametric model for the family of profiles is unknown or, at least uncertain. Consequently, we consider monitoring Poisson profiles via three methods, a nonparametric (NP) method using penalized splines, a nonparametric (NP) method using wavelets and a semi parametric (SP) procedure that combines both parametric …

Electrospraying Extracellular Matrix To Form Nanoparticles, Patrick Link

Theses and Dissertations

Chronic Obstructive Pulmonary Disease (COPD) is a leading cause of death worldwide. Alveolar wall destruction is a significant contributor to COPD. Inflammatory macrophages are a major source of the Extracellular Matrix (ECM) proteolysis. ECM breakdown causes air to get trapped in the alveoli, obstructing airflow. One step in curing COPD may be to convert inflammatory to pro-regenerative macrophages. Recently, decellularized ECM scaffolds have shown the ability to induce a pro-regenerative phenotype.

Yet these scaffolds are incapable for reaching the alveolar region of the lungs. To reach the alveolar region particles need a diameter of 1-5 μm or smaller than 300 …

Podocyte Dedifferentiation And Glomerular Injury Mediated By Lysosome Dysfunction: Role Of Acid Ceramidase, Guangbi Li

Theses and Dissertations

Cell differentiation and senescence in podocytes are attributed to normal autophagy and associated cellular activities. It is possible that derangement of autophagy under different pathological conditions activates or enhances podocyte dedifferentiation leading to glomerular injury and ultimate glomerular disease. To test this hypothesis, we first tested whether autophagic deficiency due to lysosome dysfunction enhances podocyte dedifferentiation and explored the molecular mechanisms by which this lysosome dysfunction trigger or enhance podocyte dedifferentiation. By Western blot and confocal analysis, lysosome inhibition using an inhibitor or siRNA of V-ATPase inhibitor was found to markedly decrease the epithelial markers (P-cadherin and ZO-1) and increase …

An Evaluation Of Critical Resources In Nurse Anesthesia Educational Programs, Lois E. Stewart

Theses and Dissertations

Advanced practice nurses fill a vital need in the U.S. by increasing access to needed healthcare. Certified Registered Nurse Anesthetists (CRNAs) are one type of advanced practice nurse with a long history of safe and effective peri-anesthetic care. Nurse anesthetists have a rich tradition of providing anesthetic care for rural and underserved communities, and are a primary provider of anesthesia for active and retired military personnel. CRNAs comprise over one-half of the actively practicing U.S. anesthesia workforce currently, and are able to function in any anesthetic care model. Nurse anesthesia educational programs (NAEPs) are the single source for new graduate …

Survellience System For Child Abuse: Bridging The Gap Between Actual And Hidden Cases., Maryam Pyar Ali Lakhdir, Yasmin Parpio, Salima Farooq

Community Health Sciences

The dynamics of child abuse have been recognised as a global emerging social issue which is highly associated with child humiliation. The Government of Pakistan has taken many initiatives for addressing issues regarding child abuse and neglect and has designed laws to protect children against exploitation, abuse and violence; however, most of them are not enforced at all or poorly implemented due to lack of proper definition of child abuse and related terms, and different ways of reporting child abuse cases. Most of the non-governmental organisations (NGOs) in Pakistan target extreme cases of child sexual abuse such as child rape …

Barriers Or Gaps In Implementation Of Misoprostol Use For Post-Abortion Care And Post-Partum Hemorrhage Prevention In Developing Countries: A Systematic Review, Amirali Samnani, Narjis Rizvi, Tazeen Ali, Farina Abrejo

Community Health Sciences

Background: Around 303,000 maternal deaths occur every year; most of these are preventable (World Health Organization), ICD-10: International classification of diseases and related health problems, 10th revision. Volume 2: Instruction manual, 2010). Ninety-nine percent of these maternal deaths occur in developing countries. PPH contributed 35 % (35%) of total maternal. Several interventions being done to reduce the number of maternal deaths. It has been noted that a simple low cost intervention of providing misoprostol timely could prevent these deaths.
Objectives: The objectives of this systematic review was to identify barriers/gaps in the implementation of misoprostol use for prevention of …

Unintended Pregnancies Among Married Women In Sindh Pakistan: Role Of Lady Health Workers, Sumera Aziz Ali, Unaib Rabbani

Community Health Sciences

Background: Unintended pregnancies, which pose substantial risks to both mothers and children, account for 24% of all pregnancies in Pakistan. Door to door visits and service provision by lady health workers (LHWs) may be related to the reduction of such pregnancies, particularly in rural areas. This study aimed to determine the association of knowledge about Lady Health Visitors (LHWs) and door to door visits by LHWs with unintended pregnancies among rural women.
Methods: We conducted a community-based, nested case-control study of 800 pregnant women, identified from the database of an active surveillance mechanism, which registers and follows all pregnant women …

Causal Knowledge Promotes Behavioral Self-Regulation: An Example Using Climate Change Dynamics, David K. Sewell, Peter J. Rayner, Daniel Burton Shank, Sophie Guy, Simon D. Lilburn, Saam Saber, Yoshihisa Kashima

Psychological Science Faculty Research & Creative Works

Adopting successful climate change mitigation policies requires the public to choose how to balance the sometimes competing goals of managing CO₂ emissions and achieving economic growth. It follows that collective action on climate change depends on members of the public to be knowledgeable of the causes and economic ramifications of climate change. The existing literature, however, shows that people often struggle to correctly reason about the fundamental accumulation dynamics that drive climate change. Previous research has focused on using analogy to improve people's reasoning about accumulation, which has been met with some success. However, these existing studies have neglected …

The Rise Of The Far Right: Explaining Popularity And Potential Influence, Vanessa Rosato

Scripps Senior Theses

The 2016 election cycle has shown a dramatic radicalization of the right, featuring elements such as out-group demonization, law and order rhetoric, and populist strategies that have not been so prevalent in the US since the rise of Nixon’s Silent Majority in the 1970s. The UK has experienced a similar ideological shift, though its emergence has perhaps not been so notoriously outspoken. All the same, the fervent anti-statist and anti-elitist narrative employed by the Leave Campaign is starkly similar to language historically associated with the populist rhetoric of the Far Right. Drawing on analyses of economic, socio-cultural, and geopolitical trends …

Isolation And Spectroscopic Characterization Of Zn(Ii), Cu(Ii), And Pd(Ii) Complexes Of 1,3,4-Thiadiazole-Derived Ligand, Dariusz Karcz, Arkadiusz Matwijczuk, Bozena Boron, Bernadette Creaven, Leszek Fiedor, Andrzej Niewiadomy, Mariusz Gagos

Articles

A series of complexes incorporating Zn(II), Cu(II), and Pd(II) ions, and 4-(5-heptyl-1,3,4-thiadiazol-2-yl)benzene-1,3-diol (L1) as model ligand, was synthesized in order to examine the nature of potential interactions between biologically active ligands, 1,3,4-thiadiazoles and metal ions with proven biological relevance. The structures of the compounds isolated were characterized using a number of spectroscopic methods including IR, Uv–vis, AAS, steady state and time-resolved fluorescence (TRF). The results obtained suggest that the L1-Zn(II) and L1-Pd(II) complexes consist of one molecule of L1 and one acetate ion acting as ligands, while the L1-Cu(II) complex adapts a 2:1 (L1: metal) stoichiometry. The coordination of L1 …

The Tall Al-Hammam Excavations, Volume 1: An Introduction To Tall Al-Hammmam, With Seven Seasons (2005–2011) Of Ceramics And Eight Seasons (2005–2012) Of Artifacts [Review] / Collins, S., C. Kobs, And M. Luddenit., Owen Chesnut

Andrews University Seminary Studies (AUSS)

No abstract provided.

Informal, Inquisitorial, And Accurate: An Empirical Look At A Problem-Solving Housing Court, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

Substantive justice is often seen as elusive in courts dominated by low-income individuals. Complex court rules, coupled with pervasive lack of counsel, can make it difficult for the traditional adversary process to identify and redress legitimate grievances. This Article takes on the social problem of substandard housing and examines whether inquisitorial procedure has the potential to produce accurate outcomes in a tribunal dominated by the unrepresented.

Relying on in-court observations of nearly 300 hearings, and a longitudinal review of nearly 75 cases, this Article surfaces the regularized procedures utilized by a purported “problem-solving” housing court, and theorizes that the inquisitorial …

The Mystery Of Unanimity In Hosanna-Tabor Evangelical Lutheran Church & School V. Eeoc, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012), the Supreme Court held that the First Amendment supports a “ministerial exception” defense in anti-discrimination suits by clergy against their institutional religious employers. In advance of the decision, the outcome seemed unpredictable, and the Court’s unanimity arrived as a shock.

This paper illuminates the result, reasoning, and unanimity in Hosanna-Tabor. We explain how Hosanna-Tabor stands in a long line of decisions, grounded in both the Establishment Clause and the Free Exercise Clause, that prohibit state adjudication of “strictly and purely ecclesiastical" questions.

Part I examines why unanimity on the Supreme …

The Holding-Dicta Spectrum, Andrew Michaels

GW Law Faculty Publications & Other Works

The distinction between holding and dictum is often treated under a binary paradigm; either a proposition is binding holding, or unconstraining dictum. But the binary paradigm is too simplistic to adequately model our complex system of precedent. This article suggests an alternative spectrum paradigm where the constraining force of a precedent proposition is inversely correlated with its breadth. This article explains the spectrum approach, compares it with prevailing approaches, and evaluates some cases in light of the spectrum model. The spectrum framework has the potential to facilitate judicial candor and make the concepts of holding and dicta more consistently meaningful.

Identifying Anticompetitive Agreements In The United States And The European Union: Developing A Coherent Antitrust Analytical Framework, William E. Kovacic

GW Law Faculty Publications & Other Works

Commentary in both the US and the EU has repeatedly debated whether, and when, it is more efficient to use “rules” or “standards” to determine the legality of conduct subject to the antitrust laws and how such rules or standards should be formulated. This paper concentrates principally on the question of how this debate impacts on the analyticalframework for identifying infringing agreements in the US and EU. It sets out the view that the question of how agreements are to be analysed under both the US and the EU jurisprudence is unduly opaque. Confusion as to, in particular, the role …

Heteronormativity In Employment Discrimination Law, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

This symposium Essay responds to the EEOC’s new decision to interpret federal employment discrimination law’s ban on discrimination on the basis of sex to include a ban on discrimination on the basis of sexual orientation. It argues that although the EEOC’s decision does provide cause to celebrate, ongoing heteronormativity in federal employment discrimination law will continue to stand as a barrier to equal employment opportunity for gay workers. First, Title VII provides an exception to the sex discrimination ban in the context of intimate spaces, allowing, for example, only women to be hired to serve as labor and delivery nurses. …

Properly Funding The Copyright Office: The Case For Significantly Differentiated Fees, Robert Brauneis

GW Law Faculty Publications & Other Works

The United States Copyright Office performs a variety of functions crucial to the copyright system. Through its core registration and recordation functions, it provides critical information about the authorship, ownership, and copyright status of millions of works of authorship created over the last century; it also advises Congress, other federal agencies, and the courts on copyright law; conducts studies on various aspects of copyright law; participates in international meetings; produces educational programs and publications; and engages in many other activities relating to the administration of copyright law. However, the Copyright Office is seriously underfunded, compromising all of its functions. The …

Crimes Against Humanity And Other Topics: The Sixty-Ninth Session Of The International Law Commission, Sean D. Murphy

GW Law Faculty Publications & Other Works

This essay analyzes the outcome of the sixty-ninth session of the U.N. International Law Commission held in the summer of 2017 in Geneva. The session was the first of a new quinquennium of the Commission, consisting of members who will serve from 2017 until 2021. Notably, the Commission completed on first reading a full set of draft articles with commentary on crimes against humanity. Progress was also made in developing draft guidelines on the provisional application of treaties; draft guidelines on protection of the atmosphere; draft articles on the immunity of state officials from foreign criminal jurisdiction; and draft conclusions …

A Critical Guide To Using The Legislative History Of The Fourteenth Amendment To Determine The Amendment's Original Meaning, Gregory E. Maggs

GW Law Faculty Publications & Other Works

Judges, lawyers, and scholars often look to the Fourteenth Amendment’s legislative history for evidence of the Amendment’s original meaning. Members of the Supreme Court, for instance, have cited floor statements, committee records, preliminary proposals, and other documents relating to the drafting and approval of the Fourteenth Amendment in many important cases. The documents containing this legislative history, however, are difficult to use. As explained in this Article, the Amendment came about through a complex process, in which Congress rejected several prior proposals for constitutional amendments before settling on a markedly different proposal that became the Fourteenth Amendment. Although the primary …

Assaultive Words And Constitutional Norms, Catherine J. Ross

GW Law Faculty Publications & Other Works

The tension between the competing demands of the First. Amendment’s guarantee of free expression and the Fourteenth Amendment’s implicit promise of dignity and equality has long been evident in societal debates about identity politics, in academic writing, and in disputes over regulation of campus speech. This article argues that the First Amendment generally protects campus speech that includes hurtful words, even those that verbally assault a target or are seen as perpetuating an environment that demeans or endangers women, minorities and others. Protection of such offensive speech also promotes the proclaimed norms of higher education, which is why so many …

Ministry Of Truth? Why Law Can’T Stop Prevarications, Bullshit, And Straight-Out Lies In Political Campaigns, Catherine J. Ross

GW Law Faculty Publications & Other Works

Governmental actions to restrain campaign falsehoods include federal and state statutes and judicial intervention. The article offers a taxonomy of campaign falsehoods and the different harms various kinds of falsehood generate and examines statutes adopted in sixteen states aimed at false speech about candidates, this article argues that efforts to control false speech about candidates (whether positive about the speaker or falsely negative about the opponents) face insurmountable First Amendment obstacles, as every court to consider such a statute has concluded. If the government becomes the arbiter of truth or falsehood, it is engaging in content-based regulation. Moreover, the article …

Mixed-Scale Jump Regressions With Bootstrap Inference, Jia Li, Viktor Todorov, George Tauchen

Research Collection School Of Economics

We develop an efficient mixed-scale estimator for jump regressions using high-frequency asset returns. A fine time scale is used to accurately identify the locations of large rare jumps in the explanatory variables such as the price of the market portfolio. A coarse scale is then used in the estimation in order to attenuate the effect of trading frictions in the dependent variable such as the prices of potentially less liquid assets. The proposed estimator has a non-standard asymptotic distribution that cannot be made asymptotically pivotal via studentization. We propose a novel bootstrap procedure for feasible inference and justify its asymptotic …

Efficient Augmented Inverse Probability Weighted Estimation In Missing Data Problems, Jing Qin, Biao Zhang, Denis H. Y. Leung

Research Collection School Of Economics

When analyzing data with missing data, a commonly used method is the inverse probability weighting (IPW) method, which reweights estimating equations with propensity scores. The popularity of the IPW method is due to its simplicity. However, it is often being criticized for being inefficient because most of the information from the incomplete observations is not used. Alternatively, the regression method is known to be efficient but is nonrobust to the misspecification of the regression function. In this article, we propose a novel way of optimally combining the propensity score function and the regression model. The resulting estimating equation enjoys the …

On Estimating Market Microstructure Noise Variance, Yingjie Dong, Yiu Kuen Tse

Research Collection School Of Economics

We study the market microstructure noise-variance estimation of high-frequency stock prices. Based on the Hansen and Lunde (2006) approach, we propose estimates using subsampling method at different time scales. We conduct a Monte Carlo study to compare our method against others in the literature. Our results show that our proposed estimates have lower (absolute) mean error and root mean-squared error, and their performance is quite stable at different time scales.

Changes In Depressive Symptoms Among Older Adults With Multiple Chronic Conditions: Role Of Positive And Negative Social Supports, Sangnam Ahn, Seonghoon Kim, Hongmei Zhang

Research Collection School Of Economics

Depression severely affects older adults in the United States. As part of the social environment, significant social support was suggested to ameliorate depression among older adults. We investigate how varying forms of social support moderate depressive symptomatology among older adults with multiple chronic conditions (MCC). Data were analyzed using a sample of 11,400 adults, aged 65 years or older, from the 2006–2012 Health and Retirement Study. The current study investigated the moderating effects of positive or negative social support from spouse, children, other family, and friends on the association between MCC and depression. A linear mixed model with repeated measures …

Determining Individual Or Time Effects In Panel Data Models, Xun Lu, Liangjun Su

Research Collection School Of Economics

In this paper we propose a jackknife method to determine individual and time e⁄ects in linear panel data models. We rst show that when both the serial and cross-sectional correlation among the idiosyncratic error terms are weak, our jackknife method can pick up the correct model with probability approaching one (w.p.a.1). In the presence of moderate or strong degree of serial correlation, we modify our jackknife criterion function and show that the modied jackknife method can also select the correct model w.p.a.1. We conduct Monte Carlo simulations to show that our new methods perform remarkably well in nite samples. We …

Virtual Aids To Navigation, R. Glenn Wright

World Maritime University Ph.D. Dissertations

There are many examples of master, bridge crew and pilot errors in navigation causing grounding under adverse circumstances that were known and published in official notices and records. Also dangerous are hazards to navigation resulting from dynamic changes within the marine environment, inadequate surveys and charts. This research attempts to reduce grounding and allision incidents and increase safety of navigation by expanding mariner situational awareness at and below the waterline using new technology and developing methods for the creation, implementation and display of Virtual Aids to Navigation (AtoN) and related navigation information. This approach has widespread significance beyond commonly encountered …