Digital Commons Network^™

An Empirical Study Of Dispute Resolution Clauses In International Supply Contracts, John F. Coyle, Christopher R. Drahozal

Vanderbilt Journal of Transnational Law

International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation's law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to the forum. Choice-of-law clauses help to reduce uncertainty as to the governing law. Over the past few decades, such provisions have become commonplace in international contracting. And yet there exist vanishingly few empirical studies …

Reforming Fifa From The Inside Out, Steven A. Bank

Vanderbilt Journal of Transnational Law

In response to an unprecedented crisis that has been called "the World Cup of Fraud," the Federation Internationale de Football Association, or FIFA, has undertaken a series of reform measures in the last several years. Most of these reforms have focused on attempting to break the cycle of corruption among football insiders by bringing in more outsiders, including independent chairs of both the Ethics Committee and Audit and Compliance Committee, as well as individuals to serve in executive positions who had not previously been involved in the sport at any level. Such an outsider-focused reform strategy takes a page from …

Challenging And Refining The "Unwilling Or Unable" Doctrine, Craig Martin

Vanderbilt Journal of Transnational Law

This Article challenges and proposes refinements to the "unwilling or unable" doctrine. Governments after 9/11 have invoked the doctrine to justify the use of force in self-defense against non-state actors (NSAs) operating within the territory of nonconsenting states. Responding to criticism that it lacked substance and a legal foundation, Daniel Bethlehem famously developed more detailed principles to embed the policy firmly in law, strike a balance between the interests of target states and territorial states, and bridge the gap between scholars and policymakers. His principles were embraced by governments as reflecting custom. The effort was laudable, but the principles fell …

Partisanship, Provocation, Protest, And Pugnacity: Communication In A Context Of Conflict - Introduction To The Special Issue, Rachel C. Murdock

Iowa Journal of Communication

No abstract provided.

Resign!!!: Acrimony And Protest On President Trump's @Realdonaldtrump Twitter Account, Saman Talib

Iowa Journal of Communication

A major feature of the Trump election and presidency is President Trump's use of Twitter. He has used @realdonaldtrump, his personal Twitter account, to state policy positions, berate various people, and even announce firings. While news coverage focuses on President Trump's tweets, the account itself has been and continues to be the recipient of copious numbers of negative posts from ordinary citizens. The court 's designation of this Twitter account as a 'designated public space' and the large number of negative posts warrants a closer examination of these tweets. This study employed the grounded theory method to analyze the account …

The Rhetoric Of Rhetorical Reactance: Pork Producers' Responses To The Animal Activist Movement, Kathleen German, Adam Rottinghaus

Iowa Journal of Communication

Animal activists made inroads against the fur industry, laboratory research, veal production, and horse slaughter during the 1980s and 1990s. While pork producers were not directly targeted, they nevertheless reacted, perceiving a dire threat to their own industry and a bleak future for pork production. This fear was magnified by their sense that activists were supported by a broad population of non/armers who were naively susceptible to irrational and emotional appeals. This case study points out the complexity of public discourse rippling outward from the animal rights movement. As animal activists raised their voices against fur ranchers, animal researchers, and …

Front Matter - Table Of Contents - Preface

Iowa Journal of Communication

No abstract provided.

"A Global Environmental Movement That Protects Us All:" Racial Scripts, Counterscripts, And Advocating For Social Change In An Environmental Justice Context, Christopher Scott Thomas

Iowa Journal of Communication

This essay explores the means of advocacy in a letter sent by the Southwest Organizing Project (SWOP) in 1990 that charges mainstream environmentalists with environmental racism. Although the letter is known for its importance in shaping the relationship between environmentalism and environmental justice, engaging the document's collaborative rhetorics illuminates the means by which its signatories crafted resistance and solidarity. To these ends, I argue that the letter crafts links between its signatories based on corresponding structural forces and common concerns. The letter also constructs and advances counter advocacies that work simultaneously as critiques of mainstream environmentalists as well as calls …

Making The Case: A College Physical And Mental Health Integration, Tamara L. Laursen

Iowa Journal of Communication

Much research has been done linking physical disorders and depressive disorders. Although this topic is highly relevant to college populations, administrative structures and clinical practices vary as to how college health, health promotion, and counseling services are delivered. Understanding current operational relationships and possible strengths and weaknesses of an integrated physical and mental health service can provide notable benefits for college students. Recognized standards exist for college health services, health promotion, and counseling services. Exploration of current integrated models offers an understanding of benefits and challenges encountered when establishing an integrated model. Health and well-being are life-long endeavors, and by …

Born Again With Trump: The Portrayal Of Evangelicals In The Media, Eun-Young Julia Kim

Faculty Publications

Since Trump’s ascendancy in American politics and his subsequent election, a number of articles have surfaced in the media trying to explain evangelical voters’ support of Trump. This paper analyzes common descriptions and conceptions of evangelicals by identifying recurring descriptions of evangelicals in 110 online articles published in a two-and-a-half-year period surrounding Trump’s presidential campaign and election. The results indicate that the answer to the question as to why evangelicals support Trump resides not so much in their theology, but in their aspirations for America and assumptions of what America should be like. This paper argues that it is crucial …

Trump, Gender Rebels, And Masculinities, Dara Purvis

Faculty Scholarship

Since the inauguration of President Trump, most of his Administration’s actions have been sharply conservative: notably, his efforts to ban transgender Americans from military service. There have been exceptions, however, such as proposals to create support for paid parental leave, an issue previously championed by Democrats.

This seeming contradiction of progressive and regressive policies can be reconciled by viewing the Trump Administration through the lens of masculinities theory. Hegemonic masculinity depends upon sharp differentiation between “real” men and everyone else, the latter occupying places in a hierarchy far below men. In this reading, Trump’s version of parental support makes sense: …

De Pilares Y Fundamentos: Siete Tesis Respecto De La Hermenéutica Del Pentateuco, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

Longings And Losses: Working With Grieving Families, David Sedlacek, Beverly Sedlacek

Faculty Publications

No abstract provided.

Intercambios Promotores De Conocimiento Y Desarrollo. El Caso Del Tecnológico De Monterrey, Gustavo Gregorutti, Ángeles Domínguez

Faculty Publications

Exchanges that foster knowledge and development. The case of the Tecnológico de Monterrey This chapter describes the growing bilateral exchange between Mexico and the United States. Both economies have taken important steps to integrate regionally with agreements that include, but are not limited to, services and human resources. Some universities have taken advantage of such agreements and have established academic exchanges that promote research and development (R&D), benefiting researchers, students and universities in the region. In particular, the study analyzes how the Tecnológico de Monterrey has been establishing academic relations with universities in the United States. To understand some of …

A Series Of Iron Age Domestic Buildings In Field C At Tall Jalul, Paul J. Ray

Faculty Publications

Excavations in Field C, located roughly in the center of Tall Jalūl, immediately east of the Acropolis, on the western side of the tall, were begun in 1994, focused on the remains of a pillared house, parts of which covered the original four squares (C1-4) of the field. Unfortunately, the western wall of this building was removed, due to stone robbing, not long after the building went out of use. In an effort to locate its southern end, an additional square (C5) was opened to the south, in 1996. Not only was this side of the building found, but two …

Food Choice By A Free-Ranging Antillean Manatee (Trichechus Manatus Manatus) In Tabasco, Mexico, Daniel Gonzalez-Socoloske, David Olivera-Gomez

Faculty Publications

Understanding foraging ecology is an important element of effective conservation strategies. While West Indian manatees (Trichechus manatus) have been documented to consume a wide variety of vascular plants and algae, little is known about the diet of the Endangered Antillean subspecies (T. m. manatus) at freshwater sites such as the wetlands of Tabasco, the largest manatee habitat in Mexico. Here we present the results of a study of wild manatee diet in a freshwater site in Mexico. Controlled food choice experiments were conducted on a wild adult manatee during the dry seasons of 2011 and 2012. …

Connecting To God Through Giving, S. Joseph Kidder

Faculty Publications

No abstract provided.

Women, Rule-Breaking, And The Triple Bind, June Carbone, Naomi R. Cahn, Nancy Levit

GW Law Faculty Publications & Other Works

Two growing literatures critique Hobbesian corporate cultures. Management analyses document the way high-stakes/zero-sum bonus systems undermine, rather than enhance, productivity as they subvert teamwork, valorize self-interested behavior, and weaken ethical standards. This literature treats negative effects of such systems, including lawless and unethical behavior, as the unintended consequences of efforts to shake up complacent institutions or replace an insular old guard with an ambitious and meritocratic new workforce. A second, darker literature terms such Hobbesian environments “masculinities contests” that select for those executives who best exemplify masculine traits such as a single-minded focus on professional success, physical strength, and the …

Are There Universal Standards For Network Neutrality?, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

The regulation of the Internet in general, and network neutrality in particular, has become a priority for many governments around the globe. The United States is no exception. It enacted new rules protecting net neutrality in 2015 and then famously undid them in 2017. Other countries similarly struggle to regulate net neutrality effectively, including Brazil, India and those that comprise the European Union. Most national debates of net neutrality policy tend to be fractious affairs. There is deep disagreement surrounding the best way to approach the issue. In previous work, I have shown how the design and implementation of net …

#Metoo, Wrongs Against Women, And Restorative Justice, Laurie S. Kohn

GW Law Faculty Publications & Other Works

This article considers the allegations that have surfaced against high-profile perpetrators as a sample of the range of accusations raised generally through the #MeToo movement and analyzes the current responses available to redress the wrongs identified. The civil and criminal justice systems provide legal responses to sexual assault and harassment; social media and traditional media have also come to play a responsive role in this movement. The article considers the efficacy of both systems in delivering the resolutions we seek and analyzes the pros and cons of media justice and its potential for delivering just and desirable outcomes for victims …

Child Custody Outcomes In Cases Involving Parental Alienation And Abuse Allegations, Joan S. Meier, Sean Dickson, Chris O'Sullivan, Leora Rosen, Jeffrey Hayes

GW Law Faculty Publications & Other Works

Arguably the most troubling aspect of justice system response to intimate partner violence is custody courts' failure to protect children when mothers allege the father is abusive. Family courts' errors in assessing adult and child abuse, and punitive responses to abuse allegations, have been widely documented.

A significant contributor to these errors is the pseudo-scientific theory of parental alienation (PA). Originally termed parental alienation syndrome (PAS), the theory suggests that when mothers allege that a child is not safe with the father, they are doing so illegitimately, to alienate the child from the father. PA labeling often results in dismissal …

Takeaways From The Conference On The Future Of White House Regulatory Oversight And Cost-Benefit Analysis, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This is Professor Pierce’s summary of a conference on the future of White House regulatory oversight and cost-benefit analysis (cba), along with an explanation of his views on the controversial issues that were discussed.

The participants agreed that OIRA should encourage ex post evaluations of rules, extend oversight to independent agencies, and continue its efforts to maximize the transparency of the review process. They also agreed that Congress should provide OIRA adequate funding and staffing.

Professor Pierce explained why he shares the concern of some of the other participants that the major changes that the Trump Administration is making in …

U.S. Government To Award Billions Of Dollars In Contracts To Open Electronic Marketplaces To Government Customers—Though Serious Questions Remain, Christopher R. Yukins

GW Law Faculty Publications & Other Works

Proposals to the U.S. General Services Administration are due soon in a $6 billion procurement under which multiple no-cost contracts will be awarded to vendors that will open electronic marketplaces to federal users making micro-purchases (generally up to $10,000). Although federal purchase card holders have long been able to make micro-purchases with few regulatory constraints regarding competition, transparency or socioeconomic requirements, this new initiative appears likely to normalize and expand those purchases—and so may revolutionize small purchases in the federal market. This article assesses some of the key concerns -- from cybersecurity to bid protests to pricing -- that still …

The International Law Origins Of American Federalism, Anthony J. Bellia Jr., Bradford R. Clark

GW Law Faculty Publications & Other Works

Courts and commentators have long struggled to reconcile robust federalism doctrines with the text of the Constitution. These doctrines include state sovereign immunity, the anti-commandeering doctrine, and the equal sovereignty of the States. Supporters of such doctrines have generally emphasized the history, structure, and purpose of the Constitution over its precise text. Critics of such doctrines have charged that they lack adequate support in the Constitution and are the product of improper judicial activism. This Article reconciles federalism and textualism by looking to a surprising source—international law. The Constitution contains numerous references to “States”—a term of art drawn from the …

The Forgotten Fisa Court: Exploring The Inactivity Of The Atrc, Aram Gavoor, Timothy M. Belsan

GW Law Faculty Publications & Other Works

The Alien Terrorist Removal Court (ATRC) was established in 1996 after immense political pressure from the Reagan, Bush, and Clinton Administrations and wide bipartisan support to serve as a forum to prosecute the most complex and difficult national security immigration removal cases while protecting vital classified information from public disclosure. Yet, after twenty-three years, this Article III court has not heard a single case.

This Article provides a fresh and critical inquiry into this veritable zombie court that has fallen from the public consciousness, yet still exists with a standing cadre of designated judges. It fills a significant gap in …

Ali Data Privacy: Overview And Black Letter Text, Daniel J. Solove, Paul M. Schwartz

GW Law Faculty Publications & Other Works

In this Essay, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate privacy comprehensively and effectively.

The United States has long remained an outlier in privacy law. While numerous nations have enacted comprehensive privacy laws, the U.S. has clung stubbornly to a fragmented, inconsistent patchwork of laws. Moreover, there long has been a vast divide between the approaches of the U.S. and European Union (EU) to regulating privacy – a divide …

From Dodge To Ebay: The Elusive Corporate Purpose, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article examines the history of the law of corporate purpose. I argue that the seemingly conflicting visions of corporate social responsibility and shareholder wealth maximization, which characterize contemporary debates about the subject, are grounded in two different paradigms for corporate law — a socio-political paradigm and an economic-financial one. Advocates of the socio-political paradigm have historically focused on the power that corporations could exercise in society, while those embracing the economic-financial paradigm expressed concerns about the power that the control group could exercise over the corporation’s shareholders. Over the course of the twentieth century, scholars have debated the merits …

Introduction: The Promise And Perils Of Innovation In Cross-Border Procurement, Christopher R. Yukins, Gabriella M. Racca

GW Law Faculty Publications & Other Works

No abstract provided.

A Wto If You Can Keep It, Steve Charnovitz

GW Law Faculty Publications & Other Works

Recalling how the free trader Benjamin Franklin pondered whether politics in America would be able to keep the republic he had helped to create, this essay looks at whether politics in the world will now be able to keep the World Trade Organization (WTO) in the face of the ongoing attacks by the US government. The essay makes several theoretical contributions: (1) to debunk the Trump Administration's arguments that there is a trade-off between American sovereignty and global governance by showing that this is a false dichotomy; (2) to identify the key design features of specialized international organizations that are …

Introduction To The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This is Professor Cunningham's Introduction to his renowned edited collection of Warren Buffett's famous letters to shareholders of Berkshire Hathaway Inc. The collection was originally prepared for a symposium held in New York City in 1997 and has been regularly updated through five editions, with additional Buffett material and Cunningham annotations. This Introduction, from the fifth edition (2019), serves as an encapsulation of the main themes of the resulting collection and locates them in contemporary debates on matters of corporate governance; corporate finance and investing; mergers and acquisitions; and accounting and taxation.