Digital Commons Network^™

The Myth Of The Privacy Paradox, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this article, Professor Daniel Solove deconstructs and critiques the privacy paradox and the arguments made about it. The “privacy paradox” is the phenomenon where people say that they value privacy highly, yet in their behavior relinquish their personal data for very little in exchange or fail to use measures to protect their privacy.

Commentators typically make one of two types of arguments about the privacy paradox. On one side, the “behavior valuation argument” contends behavior is the best metric to evaluate how people actually value privacy. Behavior reveals that people ascribe a low value to privacy or readily trade …

Sentenced To Surveillance: Fourth Amendment Limits On Electronic Monitoring, Kate Weisburd

GW Law Faculty Publications & Other Works

As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision. This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and, as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections. The quickly expanding use of GPS-equipped …

Emerging Policy And Practice Issues (2019), Steven L. Schooner

GW Law Faculty Publications & Other Works

This paper/chapter, presented at the Thomson Reuters Government Contracts Year in Review Conference (covering 2019), attempts to identify the key evolving trends and issues in U.S. federal procurement for 2019-2020 and beyond. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement and defense spending trends and attempts to predict what lies ahead, particularly with regard to legislative and executive activity. This year's paper discusses, among other things, the high degree of uncertainty currently being experienced in the public procurement sphere, dramatic increases to the micro-purchase and simplified acquisition thresholds, the work of the Congressionally-mandated Section 809 …

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 …

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 …

Making Sense Of The Holy: A Concise Primer For Biblical Interpretation, Gerald A. Klingbeil

Faculty Publications

No abstract provided.

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 …

Legal Strategies For Reining In "Unconscionable" Prices For Prescription Drugs, Michelle M. Mello, Rebecca E. Wolitz

Northwestern University Law Review

Policy discussions about the affordability of prescription drugs in the United States are infused with the theme that drug prices are unconscionably high. Many of the policy interventions proposed in Congress, the White House, and the states adopt this frame, authorizing regulatory action when prices exceed particular thresholds or otherwise constitute “price gouging” on the part of drug companies. Unsurprisingly, such initiatives have prompted legal challenges by the biopharmaceutical industry. State laws in particular are vulnerable to challenges on a number of grounds. In this Article, we focus on one avenue of challenge that has received little scholarly attention in …

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 …

Programs And Courses Catalog 2020-2021, University Of Northern Iowa

UNI Programs and Courses Catalogs

This catalog is published for students and other persons who want to know more about the University of Northern Iowa. Its purpose is to communicate as objectively and completely as possible what the university is and what it does. The catalog is presented in sections to give a general view of the university as well as the detailed information required for informed decision making.

Shari- An Integration Of Tools To Visualize The Story Of The Day, Shawn M. Jones, Alexander C. Nwala, Martin Klein, Michele C. Weigle, Michael L. Nelson

Computer Science Faculty Publications

Tools such as google news and flipboard exist to convey daily news, but what about the news of the past? In this paper, we describe how to combine several existing tools and web archive holdings to convey the “biggest story” for a given date in the past. StoryGraph clusters news articles together to identify a common news story. Hypercane leverages ArchiveNow to store URLs produced by Story-Graph in web archives. Hypercane analyzes these URLs to identify the most common terms, entities, and highest quality images for social media storytelling. Raintale then takes the output of these tools to produce a …

Mementoembed And Raintale For Web Archive Storytelling, Shawn M. Jones, Martin Klein, Michele C. Weigle, Michael L. Nelson

Computer Science Faculty Publications

For traditional library collections, archivists can select a representative sample from a collection and display it in a featured physical or digital library space. Web archive collections may consist of thousands of archived pages, or mementos. How should an archivist display this sample to drive visitors to their collection? Search engines and social media platforms often represent web pages as cards consisting of text snippets, titles, and images. Web storytelling is a popular method for grouping these cards in order to summarize a topic. Unfortunately, social media platforms are not archive-aware and fail to consistently create a good experience for …

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.

Palladium-Catalyzed Suzuki-Miyaura Cross-Coupling Reaction Of Aromatic Esters And Aromatic Diesters With Arylboronic Acids, Norah Abdulrahman Almowanas

Chemistry and Biochemistry

The palladium-catalyzed cross-coupling reactions for the functionalization of the ester bond provides a significant overall improvement in the catalytic system as compared to aryl halides/pseudo-halides electrophilic coupling partners. Several pathways have been developed to construct C-C or C-X (-O,-N,-S,&-P) bonds that avoid pre-functionalization, hard reaction conditions, and waste production. These pathways include decarboxylation, decarbonylative, and non-decarbonylative coupling reactions. The non-decarbonylative coupling reaction of aromatic esters with organoboron compounds has emerged as a novel and valuable solution, providing new methodologies and synthetics in organometallic chemistry. More specifically, this type of reaction has shown promising results for synthesizing biaryl compounds and aryl …

Utilization Of Granular Activated Carbon Media To Improve Biofiltration For The Purpose Of Taste And Odor Removal, Kristofer James Knutson

Civil and Environmental Engineering

To determine the role biofiltration in organic removal and taste and odor compound removal within the Moorhead Water Treatment Plant, a comparative two-year pilot scale study was initiated to determine the feasibility of replacing anthracite with granular activated carbon (GAC). To determine the biomass associated with the pilot system and the different media types, ATP tests and qPCR measurements for the 16S rRNA bacteria gene were made over the course of the study to evaluate the potential impact of biomass for organics removal. The data suggests that the ATP method may have resulted in under estimation of amount of attached …

Guns In The Private Square, Cody Jacobs

Faculty Scholarship

The regulation of guns has been one of the most hotly debated public policy issues in the United States throughout the country’s history. But, up until recently, it has always been just that — a debate about public policy. Two recent developments have changed the landscape and moved the debate about publicly carrying firearms from the realm of public policy, to the realm of private decision-making and private law. First, laws related to publicly carrying firearms have been dramatically loosened throughout the United States to the point that, in the vast majority of states, anyone who is legally allowed to …

Bipa: The Most Important Biometric Privacy Law In The Us?, Woodrow Hartzog

Faculty Scholarship

In May 2020, Clearview AI abruptly ended all service contracts with all non-law enforcement entities based in Illinois. The reason? It hoped to avoid an injunction and potentially large damages under one of the most important privacy laws in America: the Illinois Biometric Information Privacy Act (BIPA).

Automation: A Guide For Policymakers, James Bessen, Maarten Goos, Anna Salomons, Wiljan Van Den Berge

Faculty Scholarship

Advancing technologies are increasingly able to fully or partially automate job tasks. These technologies range from robotics to machine learning and other forms of artificial intelligence, and are being adopted across many sectors of the economy. Applications range from selecting job applicants for interviewing, picking orders in a warehouse, interpreting X-rays to diagnose disease, and automated customer service. These developments have raised concern that workers are being displaced by advancing automation technology. Indeed, over 18 recent studies predict job losses from new automation technologies, including some predictions of massive job losses (Winick 2018). A large literature on worker displacement [1] …

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 …

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 …

Me Too? Incentivising States To Adopt Consent-Based Sex Education, Seth Reiner

Faculty Scholarship

In November 2018, Columbia University published a study showing that students who received formal sex education before entering college that included training in refusing unwanted sex were half as likely to be assaulted as those who had not. That study claims to be the first to research sex education’s effect on sexual violence instead of its impact on pregnancy or HIV prevention. A different study, conducted by Planned Parenthood in 2015, shows confusion around the definition of sexual consent itself: it found that 19% of people strongly agreed that not saying “no” indicated consent for more sexual activity, whereas 20% …

Income Taxation Of Small Business: Toward Simplicity, Neutrality And Coherence, David G. Duff

All Faculty Publications

Among the many contributions that Judith Freedman has made to tax law and policy in the United Kingdom and around the world, one of the most sustained and significant involves the regulation and taxation of small business. This article reviews Professor Freedman’s contributions to tax law and policy regarding small business, and evaluates Canadian experience with the taxation of private companies and their shareholders in light of Professor Freedman’s work. Part II summarizes Professor Freedman’s main conclusions regarding the taxation of small business, addressing both the taxation of similar economic activities conducted through different legal forms and the rationale and …

Skin And Mucous Membrane Microbiome Study Of Indiana Bat, Myotisâ Sodalis, Alexis Morgan Bender

All-Inclusive List of Electronic Theses and Dissertations

Bats serve a valuable role within the environmental and human world. They are responsible for a multitude of beneficial processes, such as aiding in the control of disease, pollination, and agricultural influence. Since its emergence in 2006, white-nose syndrome (WNS) has caused a large decline in bat populations. Interestingly, some bat species experience illness from Pseudogymnoascus destructans while other species do not. Could it be the microbiome plays a role in protecting bats? Both external and internal microbiome composition have a large effect on defenses against pathogens and overall health of individuals. With WNS presenting such an invasive fungal pathogen …

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 …

Study On Countering Extremism And Contemporary Challenges In Islamic Religion Curricula In Saudi Arabia, Alyaa Mohammad Malibari

All-Inclusive List of Electronic Theses and Dissertations

The reform of the Islamic religion curricula by the Ministry of Education in Saudi Arabia within the schools is a process that has been ongoing for quite some time. Major revision of the curricula has been occurring since the events of 9/11. Following the announcement of Vision 2030, curricular reform to move toward moderation has been a monumental task for the Saudi Arabian government. This research study was designed to address two questions regarding the contemporary challenges to counter extremism through the Islamic curriculum and to explore the dynamic solutions needed to have a moderate curriculum. The qualitative study used …

Teacher Perceptions On Preparedness And Implementation Of Embedding 21st Century Skills Into Instructional Practices In Indiana Secondary Schools, Amanda Ferriell Landrum

All-Inclusive List of Electronic Theses and Dissertations

Teachers in Indiana are at a crossroads of college and career preparation. With ever changing benchmarks for Indiana high school graduation, it has become imperative for schools across our state to prepare students for life after K-12. Research has shown that embedding 21st century skills of collaboration, communication, creativity, and critical thinking into instructional practices is a necessity of a new work force needed for the flat world brought about by a global economy. The purpose of this study was to determine Indiana teacher perceptions on their preparedness to embed 21st century skills into their teaching. Did their university and …

Biopsychosocial Risk Factors And Knowledge Of Cervical Cancer Among Young Women: A Case Study From Kenya To Inform Hpv Prevention In Sub-Saharan Africa, Irene Ngune, Fatch Kalembo, Barbara Loessl, Lucy W. Kivuti-Bitok

Research outputs 2014 to 2021

Background Cervical cancer is the second most common female reproductive cancer after breast cancer with 84% of the cases in developing countries. A high uptake of human papilloma virus (HPV) vaccination and screening, and early diagnosis leads to a reduction of incidence and mortality rates. Yet uptake of screening is low in Sub-Saharan Africa and there is an increasing number of women presenting for treatment with advanced disease. Nine women in their twenties die from cervical cancer in Kenya every day. This paper presents the biopsychosocial risk factors that impact on cervical cancer knowledge among Kenyan women aged 15 to …

Cross-Border Regulation Of Securities Markets In Asean, Wai Yee Wan

Research Collection Yong Pung How School Of Law

How does cross-border regulation of securities markets work in Association of South East Asian Nations (ASEAN)? How closely are the securities markets coordinated within ASEAN from the regulatory perspective? What is the optimal regulatory model of integration of securities markets that balances the economic benefits of integration and yet minimizes the risks of contagion and advances the state’s national goals? The issues posed by these questions are important against the background of strong growth of the Asian economies and Asian capital markets, and how the ASEAN states can take advantage of such growth to facilitate economic growth. According to the …