Digital Commons Network^™

Trinity Lutheran Church V. Comer: Paradigm Lost?, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

Acting pursuant to its state constitution, Missouri excluded houses of worship from a program that provides government support for resurfacing playgrounds. In Trinity Lutheran Church v. Comer (“TLC”), the Supreme Court ruled (7-2) that this exclusion violated the Free Exercise Clause. To those with a sense of Religion Clause history, the Supreme Court's opinion arrived as a shock.

As this essay explains, the agreement among the Justices in the majority masks deep division about basic Religion Clause principles. The essay analyzes the status of those principles, and the ways in which TLC disregards or abandons them.

Most starkly, …

Kagan's Atlantic Crossing: Adversarial Legalism, Eurolegalism, And Cooperative Legalism, Francesca Bignami, R. Daniel Kelemen

GW Law Faculty Publications & Other Works

In this contribution to Varieties of Legal Order, a book inspired by Robert Kagan’s scholarship, we review the debate on the spread of American “adversarial legalism” to Europe. In the 1990s, Kagan developed the concept of adversarial legalism to capture the distinctive litigiousness of the American regulatory system, and asked whether it might take hold in Europe. In our research that followed, we put forward different answers. R. Daniel Kelemen concluded that a legal style akin to adversarial legalism--one which he eventually termed Eurolegalism—was in fact spreading across the European Union. Drawing on her case study of the data …

Acceptance Instead Of Denial: Pro-Applicant Positions At The Pto, Dmitry Karshtedt

GW Law Faculty Publications & Other Works

In Medicines Co. v. Hospira, Inc., 827 F.3d 1363 (Fed. Cir. 2016) (en banc), the United States filed an amicus brief, signed by the U.S. Patent and Trademark Office's (PTO) Solicitor and attorneys in the Department of Justice, in support of the plaintiff-appellant. Among other things, the government argued that secret sales should not trigger the on-sale bar within the meaning of § 102 of the Patent Act applying to patents governed by the regime prior to the Leahy-Smith America Invents Act. While government amicus filings in patent infringement cases are not uncommon, this brief is notable because it explicitly …

The U.S. Federal Procurement System: An Introduction, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The U.S. procurement market is one of the largest in the world, and the procurement law which guides that market, a regulatory regime which is both complex and mature, offers important lessons for other procurement systems around the world. This article provides a modest introduction to U.S. procurement law – especially federal procurement law, which generally is more extensively developed than state or local procurement law – and suggests possible lessons learned that may be useful for other systems. The article proceeds in several parts. The article reviews the history of the federal procurement system, which can be traced to …

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 …

Counter-Claims At The International Court Of Justice (2017), Sean D. Murphy

GW Law Faculty Publications & Other Works

This essay analyzes the practice of addressing counter-claims before the International Court of Justice (ICJ), as well as its predecessor, the Permanent Court of International Justice (PCIJ). In the Court’s jurisprudence, a “counter-claim” is an autonomous legal act by the respondent in a contentious case before the Court, the object of which is to submit a new claim to the Court, one that is linked to the principal claim. A counter-claim is not a defense on the merits to the principal claim; while it is a reaction to that claim, it is pursuing objectives other than simply dismissal of the …

Risky Business: Should The Fda Pay Attention To Drug Prices?, David A. Hyman, William E. Kovacic

GW Law Faculty Publications & Other Works

The Food and Drug Administration currently does not monitor drug prices. As FDA leaders note, the agency’s responsibility is for drug safety and efficacy, and besides they do not want to become embroiled in drug pricing controversies. However, monitoring drug pricing can be useful beyond any sort of pricing policy. Prices are information, and changes in drug prices can inform the FDA of supply shortages (which may be due to backlogs in FDA approvals), poor government policies (such as the recent Unapproved Drugs Initiative, which resulted in price increases without much safety gain to the public), and mischief on the …

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 …

Unsupervised Monitoring Of An Elderly Person's Activities Of Daily Living Using Kinect Sensors And A Power Meter, Hossein Pazhoumand-Dar

Theses: Doctorates and Masters

The need for greater independence amongst the growing population of elderly people has made the concept of “ageing in place” an important area of research. Remote home monitoring strategies help the elderly deal with challenges involved in ageing in place and performing the activities of daily living (ADLs) independently. These monitoring approaches typically involve the use of several sensors, attached to the environment or person, in order to acquire data about the ADLs of the occupant being monitored.

Some key drawbacks associated with many of the ADL monitoring approaches proposed for the elderly living alone need to be addressed. These …

The Connection Between Drug Use And Crime In Western Australia, Kathryn Riordan

Theses: Doctorates and Masters

Despite decades of research, there is no consensus as to the factors that explain the association between drug use and criminal behaviour. While the evolving sophistication in research methodology has identified factors that are associated with involvement in both drug use and crime, exploration of the idiosyncratic factors that contribute to initiation, maintenance and desistence in drug use and criminal behaviour over time, across culture and social context remains unknown. In this research a grounded theory approach was used to develop an explanatory model based on the reported experiences of 22 non-Aboriginal and 11 Aboriginal adult male offenders, incarcerated in …

Imperceptible Realities: An Exhibition – And – Digitalisation: Re-Imaging The Real Beyond Notions Of The Original And The Copy In Contemporary Printmaking: An Exegesis, Sarah Robinson

Theses: Doctorates and Masters

This PhD practice-led research project provides a broad overview of how newer print technologies can bring about enhanced understandings of the world whilst simultaneously questioning the value of such processes in contrast to traditional means of image making. My curiosity pivots on the worry that something essential about representation of the real might be lost if humanity were to embrace digital methods only. Through my creative project I address my concerns to re-image representations of the real beyond notions of the original and the copy through contemporary printmaking. The research culminated in the exhibition Imperceptible Realities and an exegesis.

In …

Primary Students’ Engagement With The Visual Arts And Their Transition Into Year 7, Zoe Wittber

Theses: Doctorates and Masters

Visual Arts education is fundamental to an effective school curriculum for primary and secondary students. It provides students with opportunities for expression and personal growth, essential to a holistic education. Recently, in Perth, Western Australia (WA) several secondary Visual Arts educators expressed what they saw as a significant deficit in the outcomes of Making and Responding in Visual Arts, evidenced in their Year 7 students who had recently graduated from primary school. Consequently, this research investigated the extent of Year 7 students’ prior Visual Arts experiences upon entry into secondary school.

The research engaged a qualitative research approach to gather …

Exploring ‘People’ As The Key Element In Enterprise Architecture Implementation: A Critical Realist Perspective, Edi Triono Nuryatno

Theses: Doctorates and Masters

TOGAF (2009) describes the purpose of Enterprise Architecture (EA) is to optimise enterprisewide systems - the often-fragmented legacy of data processes (both manual and automated) - into an integrated environment that is responsive to change and supports the delivery of the business strategy (The Open Group Architecture Framework [TOGAF], 2009). However, for a number of reasons organisations still have difficulties establishing an effective EA (Raadt & Vliet, 2008; Gartner, 2009; and Janssen & Klievink, 2012, among others) and various reports suggest up to two thirds of implementations do not fulfil expectations (Roeleven, 2010). Being organisation wide with a strong governance …

Dry Land Strength And Power Training To Enhance Swimming In-Water Turn Performance, Julian Jones

Theses: Doctorates and Masters

Undertaking dry-land strength and power training to increase leg extensor power output is believed to increase a swimmer’s ability to start and turn during a swim race. Swimmers generally undertake dry-land strength and power training as part of their overall training regime to increase lower body force output and impulse, in order to improve both swim start and turning performance. Elite swimmers demonstrate faster swimming turn times that are potentially a result of having better strength-power characteristics than sub-elite swimmers. The aim of this research was to quantify differences in dry-land and swimming turn leg extensor force-time characteristics between elite …

Comparison In Muscle Activity Between The Back Squat, Romanian Deadlift And Barbell Hip Thrust During Hip Extension, Jose Delgado

Theses: Doctorates and Masters

Common resistance-training exercises such as back squat, Romanian deadlift (RDL), and hip thrust have been used by strength and conditioning specialists to target the musculature used during hip extension. Little is known about the differences in muscular activity of the hip extensors between these exercises, so it is not known which is the most effective as a hip extensor exercise. The primary purpose of this study was to compare muscle activity of several muscles during the high-bar back squat, RDL and barbell hip thrust, using men with a minimum of 1 year of lower-body resistance-training experience. Surface electromyography (EMG) was …

The Progress Of Anomie In Australia Between 2001 And 2011, Sharan Kraemer

Theses: Doctorates and Masters

The fundamental social structures of Australia and the Western world in the modern era differ greatly from those of fin de siècle France and the post-Depression industrialised West; yet, similar individual human responses to stressors remain. The sociological insights of Émile Durkheim and Robert Merton presented in their theories of Anomie and Strain provide a guide to understanding this. The present research considered the confluence of pressures that flowed from the changes to social structures in Australia after the attacks of September 11th, 2001, in an environment in which people felt increasingly unsettled and insecure. It positioned the changes within …

Managing Learning In The Workplace: A Study Of The Perceptions And Practice Of Local Government Managers, Jenna Rogers

Theses: Doctorates and Masters

In 1995 the Australian Government commissioned the report Enterprising Nation ‘: renewing Australia’s managers to meet the challenges of the Asia-Pacific century (Karpin, 1995), which emphasised the change that was necessary in Australian business to remain competitive in the global and growing economy. The development of flexible organisational cultures, where managers increasingly displayed leadership and developed their staff to generate innovative cultures, was a central premise of the Karpin Report Task Force’s vision. Twenty years later, this study explored the extent to which managers have moved from being ‘cops to coaches’ and integrated the facilitation of employee learning within …

The Human Factors Associated With Responding To Emergency Vehicles, Pauline Grant

Theses: Doctorates and Masters

Emergency vehicles undertake emergency driving, using lights and sirens, to move rapidly through traffic in response to situations where life and property are at risk. For the emergency driving to be effective, other motorists need to drive in a manner that facilitates their passage. Despite laws to support this, problematic encounters can result in emergency vehicles being unable to get through. The current research expanded on earlier exploratory research into motorists’ encounters with emergency vehicles (Grant, 2010) to examine psychological factors involved with motorists’ responses to emergency vehicles. A construct validity approach was used to develop a scale …

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 …

Frances Mikell Tupper Papers - Accession 1452, Frances Mikell Tupper

Manuscript Collection

Frances Mikell Tupper (1924 –) attended Winthrop College from 1941 through 1945. She served as treasurer of her sophomore class and was, on occasion, invited to the President’s House (for tea). Questionnaires and other papers indicate that she coordinated class reunion events decades later, as recently as 2012. She currently lives in West Columbia, South Carolina. The contents of this collection include such items as newspaper clippings, materials from Winthrop College (official standards and policies, programs, brochures, and stubs), alumnae papers, senior chapel materials, church-related materials (including those pertaining to church music), Winthrop booklets, the Wilson Bulletin for Librarians, a …

John Hammond Moore Papers - Accession 435, John Hammond Moore

Manuscript Collection

The John Hammond Moore Papers consists of records and materials related to Dr. John Hammond Moore's literary career. Dr. Moore (1924-2017) was a Winthrop professor of History from 1962-1965. The vast majority of the papers relate to Dr. Moore’s book, The Faustball Tunnel, which is an account of the escape of 25 German prisoners of war from Papago Park Camp, Arizona, December 23, 1944. The papers include National Archives records of the military papers relating to the escape, correspondence concerning the book, and photographs used in the book. Also included in the papers are records, notes, documents, correspondence, maps, …

Does Gamification Increase Engagement With Online Programs? A Systematic Review, Jemma Looyestyn, Jocelyn Kernot, Kobie Boshoff, Jillian Ryan, Sarah Edney, Carol Maher

Research outputs 2014 to 2021

Background Engagement in online programs is difficult to maintain. Gamification is the recent trend that offers to increase engagement through the inclusion of game-like features like points and badges, in non-game contexts. This review will answer the following question, ‘Are gamification strategies effective in increasing engagement in online programs?’ Method Eight databases (Web of Science, PsycINFO, Medline, INSPEC, ERIC, Cochrane Library, Business Source Complete and ACM Digital Library) were searched from 2010 to the 28th of October 2015 using a comprehensive search strategy. Eligibility criteria was based on the PICOS format, where “population” included adults, “intervention” involved an online program …

Historical Reconstructions Of Water Quality In The Kimberley Using Sediment Records. Report Of 2.2.9 Prepared For The Kimberley Marine Research Program, John Keesing, Dongyan Liu, Zineng Yuan, Yajun Peng, Yujue Wang, Pierre Richard, Pere Masque, Yingjun Chen, Yin Fang

Research outputs 2014 to 2021

This project made use of a suite of palaeoecological approaches to reconstruct a chronology of change in coastal water quality over the last approximately 100 years. The biogeochemical proxies addressed phytoplankton composition and biomass, temperature and terrestrial influences. Where possible these were matched to historical land/water use, meteorological or hydrological observational records.

The project examined sediment cores from three coastal locations in the Kimberley region, Koolama Bay (King George River), Cygnet Bay and Roebuck Bay. Each sampling location provided a contrast with which to evaluate changes over either a spatial or temporal gradient of human or natural influences.

Aims

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