Digital Commons Network^™

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

GW Law Faculty Publications & Other Works

People are angry about drug prices. What role, if any, should the FDA play in addressing this issue? Historically, the FDA’s answer has been “not our problem.” As the quality and safety agency, the FDA has repeatedly refused to get involved in drug pricing matters, even when its actions (and inactions) have contributed to the problem. We examine the circumstances under which the FDA should pay attention to pharmaceutical prices, and discuss the implications of it doing so.

Awareness As A First Step Toward Overcoming Implicit Bias, Cynthia Lee

GW Law Faculty Publications & Other Works

In this book chapter, Cynthia Lee explains that raising awareness of implicit bias is a necessary first step toward eliminating such bias. Lee discusses various ways legal actors can raise awareness about implicit bias, including implicit bias trainings and jury instructions attempting to educate jurors about implicit bias. She concludes that making racial bias (or other types of bias) salient is probably the most effective way to raise awareness of implicit bias in the courtroom setting and discusses the social science literature that supports this conclusion. In light of some studies suggesting that making bias salient may backfire, she suggests …

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 …

The Road To Repeal Of The Glass-Steagall Act, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The financial crisis of 2007-2009 caused the most severe global economic downturn since the Great Depression. The recent crisis has generated renewed interest in the Glass-Steagall Banking Act of 1933, which Congress adopted in response to the collapse of the U.S. banking system and the freezing of U.S. capital markets during the Great Depression. Glass-Steagall was designed to stabilize the U.S. financial system by separating commercial banks from the capital markets and by prohibiting nonbanks from accepting deposits.

Since the financial crisis, scholars have debated the question of whether the removal of Glass-Steagall's structural barriers during the 1980s and 1990s …

Prudence In International Strategy: From Lawyerly To Post-Lawyerly, Jeremiah S. Pam

GW Law Faculty Publications & Other Works

The quality of prudence has long been associated with lawyers, including when they have served in quite broad capacities. Indeed, for an important period in 20th century U.S. history, one of the most distinctive contributions of a certain type of lawyer, referred to here in shorthand as “the New York lawyer-statesman,” was the application of prudence not to the practice of law as such, but to the broader domain of U.S. international strategy and the exercise of the broader quality of “lawyerly prudence.”

Drawing on a few discrete chapters in U.S. history, this article recounts and interprets the high-water mark …

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 …

Stuck Or Rooted? The Costs Of Mobility And The Value Of Place, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

David Schleicher has written an important Article on the relationship between law and mobility, arguing for policymakers to be more concerned with policies that stand in the way of individuals moving to bigger, more productive cities. This Response takes up the costs of mobility for productivity, welfare, and sex equality omitted by Schleicher, and addresses Schleicher’s treatment of place as a market. Schleicher’s argument fails to take account of how mobility interacts with critical relationships. While Schleicher’s view of productivity is premised in agglomeration economics, he ignores how mobility ruptures the very relationships on which the benefits of agglomeration (and …

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 …

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 …

Accommodation For Adults With Intellectual Disability: Exploring The Lived Experiences Of Ageing Parent Carers And The Reasons Behind Their Decision To Continue To Care In The Family Home, Wendy Simpson

Theses: Doctorates and Masters

As life expectancy increases and mortality rates decrease, Australia is faced with an ageing population. This is particularly true of the population of people living with intellectual disability. Australian research has found that there is an increasing number of ageing parent-carers continuing to provide care for their adult child with an intellectual disability in the family home. Since deinstitutionalisation, many families made the choice to provide care at home, which may become a concern as they age and ask the question “who will care when I am gone?” The purpose of this study was to explore the reasoning behind decisions …

What Is English Now? The Construction Of Subject English In Contemporary Textbooks For Australian Secondary Schools, Shannon L. Wells

Theses: Doctorates and Masters

Australian educators are currently engaged in widening debates about the performance of the nation’s schools, teachers and students. Perceived literacy deficits among secondary students have fuelled the debate, and this has precipitated reforms to English curricula at both National and State levels. The newly revised curricula attempt to improve student achievement through more systematic teaching about the English language and language skills. In response to the changes, major education publishers in Australia have released revised textbooks for English that purport to engage with the new curriculum.

This research study considered whether such new resources offer genuinely fresh and effective approaches …

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 …

A Consumer-Based Brand Equity Model For The Luxury And Upscale Hotel Sector, Hairong Shan

Theses: Doctorates and Masters

Luxury and upscale hotels, in common with businesses in other service industries and more broadly, seek to develop a strong brand that will contribute to a long-term competitive advantage. However, research on consumer-based brand equity in luxury and upscale hotels is limited. Therefore, the current research, based on fundamental theories of brand equity development established in the packaged goods and the service industries including hotels, has developed a consumer-based brand equity model for the luxury and upscale hotel sector.

A mixed methods research design was employed. A qualitative study was first conducted using focus groups with the data being content …

A Nested Environmental Approach To Typhoid Epidemiology In Central Division, Fiji, Aaron Jenkins

Theses: Doctorates and Masters

Many current disease threats involve interactions within and between nested subsystems of biological organisation. Typhoid fever is a serious disease threat in the South Pacific region, with Fiji reporting the highest annual number of cases, yet risk factors in this setting have been poorly studied. While localised behaviours have dominated perspectives on typhoid transmission, interactions between distal ecological conditions, conditions of the residential environment and localised behaviour deserve greater attention for their potential to influence transmission. This thesis demonstrates a nested approach to typhoid epidemiology using a fivefold methodology to explore how regional, river basin, residential, socio-cultural and behavioural subsystems …

Voice In Screenwriting: Discovering/Recovering An Australian Voice, Rosemary Kaye Ferrell

Theses: Doctorates and Masters

This creative practice research explores the concept of an identifiable screenwriter’s voice from the perspective of screenwriting as craft, proposing that voice can be understood and described based on its particular characteristics. Voice is understood to be the authorial presence of the screenwriter, whose mind shapes every aspect of the text. This presence is inscribed in the text through the many choices the screenwriter makes. More than this, the research argues that the choices made inflect the text with a cultural-national worldview. This occurs because of the close association between voice and personal (including cultural/national) identity, and because of the …

Towards Active Ageing: A Comparative Study Of Experiences Of Older Ghanaians In Australia And Ghana, Daniel Doh

Theses: Doctorates and Masters

Population ageing has become a central feature of the 21st century, as most countries search for economically viable strategies to support and manage their ageing populations to live in a dignified way. In 2002, the World Health Organisation (WHO) proposed the active ageing policy framework to guide countries to develop policies that promote the quality of life for their older people. However, the interpretation and application of the active ageing model in the literature and policy discussions are inconclusive on the most important elements that promote the quality of life of older people. The discussions have largely focused on health …

Chinese Diaspora And Western Australian Nature (Perth Region): A Study Of Material Engagement With The Natural World In Diasporic Culture, Li Chen

Theses: Doctorates and Masters

Based on an ethnographic study of the everyday practices of diasporic Chinese residents of Perth, this project focuses on the relationship between the ecologic environment and diasporic Chinese cultures in contemporary Western Australia.

With the acceleration of globalization, studies in diaspora have increasingly absorbed geographic ideas. Research on the relationship between ecology and humankind has thrown new light on discussions of diaspora. However, there are few in-depth studies addressing the construction of diasporic place and space with an engagement of the material world. Considering the relative absence of the natural world as a serious subject in contemporary diaspora studies, the …

A Non-Device Specific Framework For The Development Of Forensic Locational Data Analysis Procedure For Consumer Grade Small And Embedded Devices, Peter Hannay

Theses: Doctorates and Masters

Portable and wearable computing devices such as smart watches, navigation units, mobile phones, and tablet computers commonly ship with Global Navigation Satellite System (GNSS) supported locational awareness. Locational functionality is no longer limited to navigation specific devices such as satellite navigation devices and location tracking systems. Instead the use of these technologies has extended to become secondary functionality on many devices, including mobile phones, cameras, portable computers, and video game consoles. The increase in use of location aware technology is of use to forensic investigators as it has the potential to provide historic locational information. The evidentiary value of these …

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 …

Investigating The Use Of A Digital Diary For Home-School Communication Between Parents And Teachers Of Children With Additional Needs, Dawn Lisa Hallett

Theses: Doctorates and Masters

The use of paper diaries to facilitate home-school communication for children with additional needs has shown to have numerous limitations. While the use of mobile digital devices has increased in schools, little research exists into the use of these devices for home-school communication purposes. This study explored the effects of using a digital diary to facilitate home-school communication for primary aged children with additional needs. A constructivist multiple case study approach was used. The digital diary utilised the software application Evernote. This free application was hosted on study participants’ mobile devices or accessed over the Internet. Pre-innovation interviews and surveys …

Exploring The Impact Of Postgraduate Preservice Primary Science Education On Students’ Self-Efficacy, Christina Maria Norris

Theses: Doctorates and Masters

The effectiveness of science teaching in primary school is dependent upon teachers’ self-efficacy to teach science. Low self-efficacy has been linked to avoidance of teaching primary science; therefore, preservice teacher self-efficacy requires fostering to have graduates keen to teach primary science. Through an embedded mixed method intrinsic-case study, this research explored the impact of postgraduate preservice primary science education on students’ self-efficacy. This research examined the postgraduate students’ self-efficacy as the lens to determine the effectiveness of the design and pedagogical instruction of the unit and its tutors. Data sources included the use of pre/post surveys encompassing the Science Teaching …

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 …

Development Of The Framework For A Lean, Energy Efficient, And Environmentally Friendly Port: Umm Qasr Port As A Case Study, Safaa A.J. Alfayyadh

World Maritime University Ph.D. Dissertations

The research focus is to examine rigorously how the implementation of Lean within the Umm Qasr Port improves the operation processes and to explore the Lean impact on environment improvement and energy efficiency management. In this research, the ROPMEE model has been developed by the researcher to evaluate the service quality in the cargo delivery process in the Port of Umm Qasr as it covers all the functional and non-functional areas in the cargo delivery process compared to other quality dimensions. The findings confirm that the process quality dimension is the most influential factor in service quality in the Port …

Netnography: Range Of Practices, Misperceptions, And Missed Opportunities, Leesa N. Costello, Marie-Louise Mcdermott, Ruth M. Wallace

Research outputs 2014 to 2021

This is the first article to describe how broadening of the term netnography in qualitative research is leading to misperceptions and missed opportunities. The once accepted need for human presence in netnographic studies is giving way to nonparticipatory (passive) approaches, which claim to be naturalistic and bias-free. While this may be tenable in some environments, it also removes the opportunity for cocreation in online communities and social media spaces. By contrast, participatory (active) netnographers have an opportunity to conduct their research in a way that contributes value and a continuity of narrative to online spaces. This article examines the ways …

Pre-Service Primary Teachers' Experiences And Self-Efficacy To Teach Music: Are They Ready?, Geoffrey M. Lowe, Geoff W. Lummis, Julia Morris

Research outputs 2014 to 2021

Music is essential in developing the young brain, particularly skills relating to concentration, filtering, information retrieval, verbal competencies, mental visualisation, problem solving, empathy and personal expression. With the introduction of the Australian National Curriculum and its adoption as the basis of the Western Australian P-10 music syllabus, there is cause to reflect on the effectiveness of music provision within teacher education courses and pre-service generalist teachers' abilities to deliver the new music syllabus. Accordingly, a mixed method study was conducted with first and fourth year Bachelor of Education primary students at a Western Australian university, to investigate students' music experiences …

An Investigation Of Service Providers' Understanding, Perspectives And Implementations Of The Transdisciplinary Model In Early Intervention Settings For Children With Disabilities, Eimear Fitzmaurice,, Janet E. Richmond, Matthew Wittorf

Research outputs 2014 to 2021

Purpose

The transdisciplinary practice model is currently being promoted as best practice in early intervention therapy for children with disabilities. However, supporting literature is limited. Thus, the question is asked, “What are service providers' understanding and perception of the transdisciplinary model in early intervention settings for children with disabilities?”

Method

A systematic review was carried out using the Preferred Reporting Items for Systematic Reviews. An electronic search was conducted via six databases. Eight articles were selected

Results

Four studies predominantly focused on service providers’ perspectives of the model using semi-structured interviews or surveys. Many studies were of adequate to low …

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

- …

The Skin Microbiome: Impact Of Modern Environments On Skin Ecology, Barrier Integrity, And Systemic Immune Programming, Susan Prescott, Danica-Lea Larcombe, Alan Logan, Christina West, Wesley Burks, Luis Caraballo, Michael Levin, Eddie Van Etten, Pierre Horwitz, Anita Kozyrskyj, Dianne Campbell

Research outputs 2014 to 2021

Skin barrier structure and function is essential to human health. Hitherto unrecognized functions of epidermal keratinocytes show that the skin plays an important role in adapting whole-body physiology to changing environments, including the capacity to produce a wide variety of hormones, neurotransmitters and cytokine that can potentially influence whole-body states, and quite possibly, even emotions. Skin microbiota play an integral role in the maturation and homeostatic regulation of keratinocytes and host immune networks with systemic implications. As our primary interface with the external environment, the biodiversity of skin habitats is heavily influenced by the biodiversity of the ecosystems in which …