Digital Commons Network^™

What’S Wrong About The Elective Share “Right”?, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article examines one form of property rights available to a surviving
spouse, the elective share. The elective share serves as an override to a
testator’s stated intent by allowing the surviving spouse to choose to take a
portion of the decedent’s estate — even if the will explicitly disinherits the
surviving spouse. The Article analyzes a recent five-year period of state
cases raising elective share issues with the goal of determining the
circumstances under which an elective share is most likely to be contested.

The reported elective share disputes typically involve a subsequent spouse
challenging a will that leaves …

Eu Law In Populist Times: Crises And Prospects, Francesca Bignami

GW Law Faculty Publications & Other Works

EU Law in Populist Times: Crises and Prospects analyzes the sovereignty-sensitive EU law that has emerged over the past decade—in economic policy, human migration, internal security, and constitutional fundamentals (rule-of-law policies to combat democratic backsliding). These are legal areas at the heart of state sovereignty, over which the EU’s prerogatives accelerated following the multiple crises that hit beginning in 2009. They are also EU policies that occupy center stage in the acrimonious debates that have emerged between European establishment parties and populist political forces, precisely because of the huge economic, social, and constitutional stakes involved in reaching into core state …

Comment Letter In Opposition To The Occ's Proposed "True Lender" Rule, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This comment letter opposes the adoption of a proposed rule published by the Office of the Comptroller of the Currency (“OCC”) on July 22, 2020. 85 Fed. Reg. 44223 (2020). The proposed rule would determine whether a national bank or federal savings association “makes a loan and is the ‘true lender’ in the context of a partnership between a bank and a third party, such as a marketplace lender.” Id. The proposed rule – to be codified at 12 C.F.R. 7.1031 – would provide that a national bank or federal savings association is deemed to “make” a loan if the …

The Price Of Prevention: Anti-Terrorism Pre-Crime Measures And International Human Rights Law,, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

How far can law go to prevent violent acts of terrorism from happening? This Article examines the response by a number of Western democratic States to that question. These States have enacted special legal mechanisms that can be called ‘anti-terrorist pre-crime measures.’ Anti-terrorist pre-crime measures, or ATPCMs for short, are conditions or restrictions imposed on a person by law enforcement authorities as the outcome of a legal process set up to identify and neutralize potential sources of terrorist activity before it occurs. The issue is whether the ATCPMs regimes in existence today comply with the corresponding States’ international obligations under …

Order And Law In China, Donald C. Clarke

GW Law Faculty Publications & Other Works

The near half-century of the post-Mao era has almost universally been called one of construction of China’s legal system. But while great changes have taken place in China’s public order and dispute resolution institutions, other things have changed little or not at all. Most commentary focuses on the changes; this article, by contrast, will look at what has not changed—the important continuities that have persisted for over four decades.

This article argues that the scholarly community has accumulated over the past four decades a number of observations about China’s order maintenance institutions that are increasingly difficult to explain using the …

Covid-19: Lessons Learned In Public Procurement. Time For A New Normal?, Laurence Folliot Lallion, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The COVID-19 crisis upended markets and assumptions in public procurement, and posed an almost existential threat to traditional procurement systems. Seismic changes in economic relationships – governments were no longer monopsonists, government officials failed as economic intermediaries between suppliers and the public, and supplies that were traditionally treated as private (such as medical equipment) suddenly became “public” goods under worldwide demand. Traditional trade rules were rendered irrelevant, as the goal was no longer simply to open individual procurements but rather to open borders to intense global demand. Although the disruption was revolutionary, ironically the solution is to return to first …

Solving The Challenges To World Trade, Steve Charnovitz

GW Law Faculty Publications & Other Works

World trade faces fundamental challenges. This essay examines six threats to the intellectual case for open trade: to wit, worries about ecology, fairness, morality, equity, security, and geopolitics. Together, these threats implicate a huge swath of international trade. One of the biggest indicators of diminishing support for trade is the moribund status of the leading institution of the trading system, the World Trade Organization (WTO). There are three branches of WTO governance and all three are in trouble: the judicial branch and its vacant Appellate Body, the executive branch and its vacant post of WTO Director-General, and the legislative branch …

Material Liberty And The Administrative State: Market And Social Rights In American And German Law, Francesca Bignami

GW Law Faculty Publications & Other Works

This chapter begins with a forgotten story from American constitutional law. Raymond Belcher worked for a coal mining company in Lynco, West Virginia. During his working life, he paid into the federal insurance scheme for disability—Social Security Disability Insurance (SSDI). Belcher later broke his neck on the job and claimed on his federal SSDI insurance. But he was in for a bad surprise. In 1965, after he began contributing but before he became disabled, Congress enacted an “offset” provision to reduce benefits for individuals like him who qualified for both state-run worker’s compensation and federal SSDI. Belcher went all the …

Modeling Settlement Bargaining With Algorithmic Game Theory, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Past computational models of settlement bargaining have lacked explicit game theoretic foundations. Algorithmic game theory, however, offers techniques that can find perfect Bayesian equilibria even where closed-form mathematical solutions may be intractable. Some recent mathematical models tackle two-sided asymmetric information, including evidentiary signals models, in which the judgment is a sum of both shared and independent private information, and correlated signals models, in which both parties receive noisy signals about the same information. To relax assumptions inherent in these models, this paper employs several progressively more complicated techniques, including iterative elimination of dominated alternatives, no regret learning, and counterfactual regret …

The Occ's And Fdic's Attempts To Confer Banking Privileges On Nonbanks And Commercial Firms Violate Federal Laws And Are Contrary To Public Policy, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) have adopted several recent measures that attempt to confer benefits and privileges of banks on nonbank providers of financial services and commercial firms. The OCC’s and FDIC’s initiatives are unlawful and dangerous because they would allow nonbanks and commercial firms to subvert fundamental public policies embodied in federal laws governing banks and bank holding companies.

In 2018, the OCC announced that it would approve national bank charters for “fintech” firms that provide lending and payment services but do not accept deposits. The New York …

Great Powers And New Risks: What Businesses And Regulators Should Know About China’S Strategic Ambitions, F. Scott Kieff, Thomas D. Grant

GW Law Faculty Publications & Other Works

China’s geopolitical ambitions give rise to risks that government agencies and the businesses they regulate need to address. In particular, Military-Civil Fusion (MCF), a whole-of-government legal and administrative machinery created by the Chinese Communist Party (CCP), aims to give China’s military, as well as China’s state championed companies, the technologies essential to strategic competitiveness in the decades ahead. In service of China’s effort to acquire technology, MCF breaks down barriers of professional responsibility and confidentiality that organizations and individuals in the West take for granted. Through both executive and legislative action, the United States has begun to address MCF. To …

The Trans Panic Defense Revisited, Cynthia Lee

GW Law Faculty Publications & Other Works

Violence against transgender individuals in general, and trans women of color in particular, is a significant problem today. When a man is charged with murdering a transgender woman, a common defense strategy is to assert what is called the trans panic defense. The trans panic defense is not a traditional criminal law defense. Nor, despite its name, is it recognized as a stand-alone defense. Rather, trans panic is a defense strategy associated with the provocation or heat of passion defense. A murder defendant asserting trans panic will claim that the discovery that the victim was a transgender female—an individual thought …

Comment Letter In Opposition To The Occ's Proposed "Valid-When-Made" Rule, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This comment letter responds to a proposed rule issued by the Office of the Comptroller of the Currency (OCC), which would “codify” an alleged federal common-law “principle” known as “valid-when-made.” The proposed rule would amend two of the OCC’s regulations – 12 C.F.R. 7.4001 and 12 C.F.R. 160.110 – by providing that “interest on a loan that is permissible” for a national bank or a federal savings association, under 12 U.S.C. 85 or 12 U.S.C. 1463(g)(1), “shall not be affected by the sale, assignment, or other transfer of the loan.” 84 Fed. Reg. 64229, 64230-31 (Nov. 21, 2019). Thus, the …

Decisions In The Dark: Why "Pregnancy Exclusion" Statutes Are Unconstitutional And Unethical, Shea Flanagan

Northwestern University Law Review

Advance health care directives are tools that allow people to state their health care treatment wishes or designate a health care proxy in anticipation of being unable to make those decisions in the future, including preferences to remove life-sustaining medical treatment. However, thirty-six states currently have “pregnancy exclusion” laws that require physicians to void the advance directives of pregnant women receiving life-sustaining treatment. This Note assesses the constitutionality and ethics of state pregnancy exclusion statutes by employing a new five-category typology of current pregnancy exclusion laws. This Note argues that all categories of these statutes violate an individual’s constitutional rights …

Data Imperialism: The Gdpr's Disastrous Impact On Africa's E-Commerce Markets, Cara Mannion

Vanderbilt Journal of Transnational Law

The European Union (EU) recently passed the General Data Protection Regulation--a sweeping regulatory framework that sets a new global standard for the collection, storage, and use of personal data. To ensure far-reaching compliance with the GDPR, the EU has adopted a strict take-it-or-leave-it approach--countries that wish to engage with digital users in the EU must either comply with the GDPR's expansive data obligations or risk losing access to the world's largest trading block.

This presents significant obstacles for several African nations. Notably, no African country currently has domestic laws that comply with the GDPR. Even if they did, several African …

Identification Of Trends In Scientific Communication By Minority Students In An Integrated And Advanced Ninth Grade Science Curriculum, Loren Thalacker

Graduate Research Papers

In the United States, the population of minorities is rapidly increasing. Our nation is facing a shortage in students pursuing STEM careers and it is vital to improve all students’ scientific communication abilities. As our population of minority students is also growing, it is especially important to tap into our potential STEM resources. While the Midwest is less diverse than the rest of the nation, the Waterloo Community School District in Waterloo, Iowa has a large population of minority students. When the district implemented the Next Generation Science Standards it created a problem for students wanting to take advanced science …

Extreme Ultraviolet Quasar Colours From Galex Observations Of The Sdss Dr14q Catalogue, Daniel E. Vanden Berk, Sarah C. Wesolowski, Mary J. Yeckley, Joseph M. Marcinik, Jean M. Quashnock, Lawrence M. Machia, Jian Wu

Computer Science Faculty Publications

The rest-frame far to extreme ultraviolet (UV) colour–redshift relationship has been constructed from data on over 480,000 quasars carefully cross-matched between SDSS Data Release 14 and the final GALEX photometric catalogue. UV matching and detection probabilities are given for all the quasars, including dependencies on separation, optical brightness, and redshift. Detection limits are also provided for all objects. The UV colour distributions are skewed redward at virtually all redshifts, especially when detection limits are accounted for. The median GALEX far-UV minus near-UV (FUV − NUV) colour–redshift relation is reliably determined up to z ≈ 2.8, corresponding to rest-frame wavelengths as …

Opening Books And The National Corpus Of Graduate Research, William A. Ingram, Edward A. Fox, Jian Wu

Computer Science Faculty Publications

Virginia Tech University Libraries, in collaboration with Virginia Tech Department of Computer Science and Old Dominion University Department of Computer Science, request $505,214 in grant funding for a 3-year project, the goal of which is to bring computational access to book-length documents, demonstrating that with Electronic Theses and Dissertations (ETDs). The project is motivated by the following library and community needs. (1) Despite huge volumes of book-length documents in digital libraries, there is a lack of models offering effective and efficient computational access to these long documents. (2) Nationwide open access services for ETDs generally function at the metadata level. …

Campus-Wide Student Learning Assessment: Campus Student Learning Outcomes, Academic Year 2019-2020, University Of Minnesota-Morris

Institutional Effectiveness and Research Reports

No abstract provided.

Perceptions Of Adaptive Technology Usage In Secondary Math Classrooms, Ryan J. Benjamin

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Adaptive learning is an emerging technology in education that teachers use to instruct, reinforce, and assess student performance (Smith, 2016). Adaptive technology is powerful because it gives teachers an opportunity to differentiate based on individual needs (Bilous, 2019). It is efficient, allows students to get instant feedback, and can improve the learning experience for students (Matherson & Windle, 2017). Like many other technologies, it is constantly evolving; this makes it difficult to research and update curriculum because programs are constantly changing (Parsons, 2014).

With these changes, teachers are also required to update how they manage their classroom and how they …

Surface And Interface Effects On The Photoexcited Process Of Silver Nanoclusters, And Lead & Cadmium Chalcogenide Nanocrystals, Mohammed Abu Jabed

Chemistry and Biochemistry

The surface and interface of the metal nanoclusters and semiconducting nanomaterials play a key role in determining the electronic structure and overall photophysical properties. A single strand DNA stabilizes the metal nanoclusters, but it also influences the structural change, solvation free energy, and photophysical properties. On the other hand, surface and interface states in Pb and Cd chalcogenide nanomaterials affect the phonon mediated hot carrier relaxation. We applied DFT and DFT based non-adiabatic dynamics methods to study the surface and interface’s effects on the photoexcited processes. In the first part, we have studied the Ag nanoclusters' photophysical properties that are …

Seeing The Forest For The Trees: An Exploration Of Student Problem Solving And Reasoning With 1h Nmr Spectral Features, Shannon Yun Anderson

Chemistry and Biochemistry

Nuclear magnetic resonance (NMR) spectroscopy is vital to synthesis and provides rich problem-solving opportunities for organic chemistry students. However, little is known about 1H NMR spectroscopy instruction or how students use spectral features in solving. The goal of this dissertation research was to examine how students learn about and solve 1H NMR spectroscopy problems. Organic chemistry textbooks were analyzed for the ways in which spectral features were introduced and incorporated into worked examples and practice problems. Spectral features like the number of signals and chemical shift were covered by problems more frequently, while integration was covered least. Think-aloud interviews were …

First Man And Second Woman: Reflections On The Anniversaries Of Apollo 11 And Cruzan, George J. Annas

Faculty Scholarship

THE United States Supreme Court's decision in Cruzan v. Director, Missouri Department of Health marks its thirtieth anniversary in 2020.' This follows closely after the fiftieth anniversary of the Apollo 11 moon landing.² Anniversaries provide an opportunity for reflection and to gain perspective. We can, I suggest, gain deeper insights regarding human life and death by considering these two anniversaries together. Apollo 11 may seem far from Nancy Cruzan-but the discovery of disturbing details about the death of Neil Armstrong, the first man on the moon, is a productive introduction to the topic of death in a modern American …

Is Tort Law The Tool For Fixing Reproductive Wrongs?, Christopher Robertson

Faculty Scholarship

In his 2019 book, Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law, Dov Fox offers a compelling argument for new torts allowing recovery for wrongful reproduction. These torts would include three sorts of cases, those where wrongdoing (whether negligent, reckless, or intentional) caused undesired reproduction; stymied desired reproduction; or confounded reproduction, causing birth of a child different than that intended by the parents. The likely defendants in these torts are gynecologists, urologists, sperm banks, and IVF clinics.

Understanding Violent-Crime Recidivism, J. J. Prescott, Benjamin David Pyle, Sonja B. Starr

Faculty Scholarship

People convicted of violent crimes constitute a majority of the imprisoned population but are generally ignored by existing policies aimed at reducing mass incarceration. Serious efforts to shrink the large footprint of the prison system will need to recognize this fact. This point is especially pressing at the time of this writing, as states and the federal system consider large-scale prison releases motivated by the COVID-19 pandemic. Those convicted of violent crimes constitute a large majority of older prisoners, who are extremely vulnerable to the spread of the virus behind bars. Excluding them from protective measures will deeply undermine those …

Federalism, Erisa, And State Single-Payer Health Care, Erin C. Fuse Brown, Elizabeth Mccuskey

Faculty Scholarship

While federal health reform sputters, states have begun to pursue their own transformative strategies for achieving universal coverage, the most ambitious of which are state-based single-payer plans. Since the passage of the Affordable Care Act in 2010, legislators in twenty-one states have proposed sixty-six unique bills to establish single-payer health care systems. This paper systematically surveys those state legislative efforts and exposes the federalism trap that threatens to derail them: ERISA's preemption of state regulation relating to employer-sponsored health insurance. ERISA's expansive preemption provision creates a narrow, risky path for state regulation to capture the employer health care expenditures crucial …

The State Qui Tam To Enforce Employment Law, Andrew Elmore

Faculty Scholarship

This Article examines the states' response to Epic Systems v. Lewis, which held enforceable under the Federal Arbitration Act (FAA) mandatory arbitration agreements that require employees to waive their participation in collective and class actions in employment contracts. Recent evidence shows that mandatory arbitration can erode access to justice for and deterrence of employment law claims. States in response are considering qui tam statutes, which assign the state interests in penalties for employment law violations to private enforcers in return for a bounty, to substitute for the loss of class action enforcement after Epic Systems.

These statutes can …

Technologies Of Language Meet Ideologies Of Law, Anya Bernstein

Faculty Scholarship

This Article challenges this new prevailing wisdom, puts legal corpus linguistics in the context of other meaning-making technologies, and suggests an approach for analyzing any technology of language in the law. One of my aims is to caution against technological exceptionalism—a view that computerized, automated, or big-data approaches are somehow special, perhaps more trustworthy, less subjective, and most likely to succeed. Rather, I argue that we should ask the same questions and make the same demands of any method of interpretation.

Any technology, after all, is only as useful as the way it is used: Technology depends on technique. So …

Spatial Dynamics Of Nest Success In White-Throated Sparrows (Zonotrichia Albicollis), Sarah E. Moore

All-Inclusive List of Electronic Theses and Dissertations

White-throated sparrows ( Zonotrichia albicollis ) exhibit two color morphs that breed disassortatively with each other, creating a rare four-sex system. This polymorphism, linked to an inversion on Chromosome 2, also results in two distinct behavior profiles and alternate reproductive strategies. Males settle in territories with characteristics that optimize their reproductive strategy. Overall, the objective of this project was to investigate nest success over a long time-period (18 years). I first sought to create an interpolated risk map for nest failure, a major cause of decreased reproductive success in both sexes. High-density areas, associated with white males, contained more failed …

Special Education Teachers' Perceptions Of Preparation, School Factors, And Programming For Students With Emotional And/Or Behavioral Disabilities, Chauncey E. Amundsen

All-Inclusive List of Electronic Theses and Dissertations

Special educators who serve students with emotional and/or behavioral disabilities (ED/EBD) must be knowledgeable about various interventions, academic supports and modifications, and behavior management techniques that are appropriate and effective in meeting the diverse needs of this student population. This study examined special education teachers perceptions of their preservice training, school factors (e.g., job responsibilities, collegial involvement, and collegial support), and programming for students with ED/EBD. Through an online survey and Skype interviews, quantitative and qualitative data were collected to explore a variety of factors that potentially impact special educators perceived personal and program effectiveness. Due to a small sample …