Digital Commons Network^™

Effects Of Grazing Of Reed Canarygrass (Phalaris Arundinacea) In Restored Wet Meadows In The Northern Tall Grass Prairie, Jake Robert Cleys

Range Science

Reed canarygrass (Phalaris arundinacea) is a grass species that can dominate wet meadow plant communities. This study investigated if grazing by cattle on restored wet meadows suppresses reed canarygrass, thereby promoting the restored plant community. This study was conducted at two locations in northwest Minnesota. Management practices used were a patch-burn grazing treatment and a four-pasture high intensity-short duration grazing rotation. A pretreatment survey was conducted before grazing followed by annual surveys every five years after grazing. Both treatments reduced reed canarygrass canopy cover by 49 percent compared to non-grazed control sites. Grazed patches were moving towards a Carex dominated …

Is Strict Reciprocity Required For Fair Trade?, Daniel C.K. Chow, Ian Sheldon

Vanderbilt Journal of Transnational Law

The administration of Donald J. Trump has repeatedly claimed that reciprocity is required for "fair" trade. While this concept is not new in US political discourse, the Trump administration's insistence that strict or absolute reciprocity is required goes beyond any claims made by previous US administrations. By strict reciprocity, the United States means that all trade volumes and terms and conditions of trade must be mirror images of each other. As the United States has a trade deficit with all of its largest trading partners, the Trump administration claims that this is evidence of unfairness in trade harming the United …

O Colapso Do "Joga Bonito": How Fifa's Banishment Of Third-Party Ownership Runs Counter To European Union Law And Has Tarnished The Once Beautiful Game, Brendan A. Bailey

Vanderbilt Journal of Transnational Law

FIFA banned the practice of third-party ownership, the division and sale of a portion of a football player's economic rights to an outside investor, in 2015. The ban was nondiscriminatory, applying to all types of third-party ownership utilized throughout football. Since then, the practice has all but disappeared internationally, with FIFA quashing occurrences of the practice through large fines and other forms of punishment. FIFA's move to ban the practice came shortly after pressure from leagues that banned it years before--principally the English Premier League, one of the most influential leagues in Europe. However, such a ban was largely propped …

Financing Cr-Isis: The Efficacy Of Mutual Legal Assistance Treaties In The Context Of Money Laundering And Terror Finance, Michaelene K. Wright

Vanderbilt Journal of Transnational Law

Technological development throughout the past fifty years has created a world in which information can be communicated across the globe in no time at all. International law enforcement tools like mutual legal assistance (MLA), on the other hand, have not changed with nearly the same pace. Unfortunately, criminal activity rarely stops at international borders, necessitating international cooperation for any sort of effective enforcement. As this Note will discuss, the problems attendant in the current mutual legal assistance scheme, such as extensive delay and incompatibility with electronic data, have led to global tension over extraterritorial action and conflict between regulatory bodies. …

Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik

Vanderbilt Journal of Transnational Law

Terrorist groups are increasingly involved in human trafficking, specifically targeting women and girls of ideologically opposed groups or religions. Frequently, this phenomenon involves the perpetration of various forms of sexual violence against those trafficked. The commission of the interlinked crimes of human trafficking, sexual violence, and terrorism is relatively new, encompassing a vicious cycle in which each crime effectively flows from the commission of the others: sexual violence is facilitated by human trafficking, human trafficking is motivated, in part, by sexual violence, and both crimes spread terror among civilian populations. In light of the Prosecutor of the International Criminal Court …

International Multiple Derivative Actions, King F. Tsang

Vanderbilt Journal of Transnational Law

This Article explores two choice of law issues in international multiple derivative actions: (1) the choice of substantive law that should govern multiple derivative actions and (2) the characterization of different aspects of the multiple derivative actions between substantive and procedural laws. After a comparison of choice of law approaches among various common law jurisdictions, the author advocates that the first choice of law issue--the substantive law to be applied to the action--should be governed by the law with the closest connections to the multiple derivative actions. This is the only practical choice given the complex nature of international multiple …

The Rights And Obligations Of States In Disputed Maritime Areas: What Lessons Can Be Learned From The Maritime Boundary Dispute Between Ghana And Cote D'Ivoire?, Youri Van Logchem

Vanderbilt Journal of Transnational Law

Unilateral acts undertaken in disputed maritime areas, particularly in relation to mineral resources, frequently lead to conflict between states. Appraisals of the scope that remains for unilateralism in disputed maritime areas under international law exist in both case law and literature, but the precise scope remains shrouded in doubt. The ruling of the tribunal in Guyana v. Suriname--building its argumentation extensively on that of the International Court of Justice (ICJ or Court) in the Aegean Sea Continental Shelf (interim measures)--is significant in this regard, clarifying, at least to a certain extent, the scope for unilateral conduct. Recently, in September 2017, …

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 …