Digital Commons Network^™

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 …

Codifying The Obligations Of States Relating To The Prevention Of Atrocities, Sean D. Murphy

GW Law Faculty Publications & Other Works

Exactly what types of obligations of States fall within the realm of “prevention” of atrocities, such as genocide, war crimes and crimes against humanity? It could generally be thought that some types of obligations are directly connected to prevention (obligations of prevention), while others are of a different nature, though bearing upon the issue of prevention (obligations relating to prevention). Based on a review of major multilateral treaties, this essay identifies six key obligations of States that relate, directly or indirectly, to the prevention of atrocities. Such obligations were deemed essential for inclusion in the International Law Commission’s 2019 articles …

‘Warming Up’ To Sustainable Procurement, Steven L. Schooner, Markus Speidel

GW Law Faculty Publications & Other Works

Procurement professionals will play a critical role in the belated but necessary effort to slow the pace of climate change. That critical, evolved role will lie in sustainable procurement, which, if effectively implemented, will dramatically alter markets and fundamentally change purchasing behaviors. To be effective, procurement professionals will need to rethink how we define our profession, assess our outcomes, and bring value to our government customers. Successfully establishing a sustainable procurement regime will require dramatic change, including, among other things, overcoming the persistent tyranny of low price, understanding and adopting lifecycle costing, considering externalities in the value proposition, and, of …

Taming The Megabanks: Why We Need A New Glass-Steagall Act, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This blog post was published in The FinReg Blog (hosted by Duke’s Global Financial Markets Center) on September 24, 2020. It provides an overview of my book of the same title, published by Oxford University Press on October 2, 2020.

Understanding Global Legal Pluralism: From Local To Global, From Descriptive To Normative, Paul Schiff Berman

GW Law Faculty Publications & Other Works

As a scholarly project, global legal pluralism has been extraordinarily successful, and it is not difficult to see why. Legal pluralists had long observed that, in any given social context, people are regulated by multiple different legal and quasi-legal regimes and that these regimes are sometimes associated with formal state law, but sometimes they are not. Global legal pluralism took that insight and applied it to the post–Cold War international and transnational arena at just the right moment. Circa 1998, international and transnational institutions were proliferating, industry standard-setting bodies and corporate codes of conduct were taking on new prominence, and …

The Rocky Road To Energy Dominance: The Executive Branch’S Limited Authority To Modify And Revoke Withdrawals Of Federal Lands From Mineral Production, Robert L. Glicksman, Hillary M. Hoffman

GW Law Faculty Publications & Other Works

The Trump Administration’s implementation of its America First Energy Plan, whose goal is achieving U.S. “energy dominance,” has relied heavily upon public mineral development. Mineral development on federal lands is largely governed by statute. The statutory legal mechanisms by which the Executive Branch can “open” or “close” an area of federal lands to mineral development, whether onshore or offshore, are withdrawal, modification, and revocation.

The Federal Land Policy and Management Act (FLPMA) and the Outer Continental Shelf Lands Act (OCSLA) are the primary statutes that govern onshore and offshore mineral development on over 2 billion acres of federal lands. Both …

Regulation In The Biden Administration, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

Professor Pierce wrote this essay in which he predicts the regulatory actions of the Biden Administration at the request of a journal that specializes in reporting on regulatory developments to readers in the UK and the EU.

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 …

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 …

Gsa’S Commercial Marketplaces Initiative: Opening Amazon And Other Private Marketplaces To Direct Purchases By Government Users, Christopher R. Yukins, Abraham Young, Kristen Ittig, Eric Valle

GW Law Faculty Publications & Other Works

The U.S. General Services Administration (GSA) opened a new chapter in public procurement by awarding three contracts—to Amazon Business, Overstock.com, and Fisher Scientific—that will allow federal users to buy directly from online electronic marketplaces, with sales anticipated to total $6 billion annually. This proof-of-concept effort, dubbed the “commercial platforms” initiative by GSA, marks a radical departure from traditional procurement practices because it will allow individual Government users (not necessarily procurement officials) to make “micro-purchases” (generally up to $10,000) using Government purchase cards. By removing the federal procurement system as an intermediary in the purchasing process, and in essence outsourcing the …

The Death Of The Genus Claim, Dmitry Karshtedt, Mark A. Lemley, Sean B. Seymore

GW Law Faculty Publications & Other Works

The central feature of patent law in the chemical, biotechnology, and pharmaceutical industries is the genus claim – a patent that covers not just one specific chemical but a group of related chemicals. Genus claims are everywhere, and any patent lawyer will tell you they are critical to effective patent protection.

But as we show in this article, the law has changed dramatically in the last twenty-five years, to the point where it is no longer possible to have a valid genus claim. Courts almost always hold them invalid. Remarkably, they do this without having acknowledged that they have fundamentally …

Covid-19: Lessons Learned In Public Procurement. Time For A New Normal?, Laurence Folliot Lalliot, 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 …

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 …

Creating A Trauma Informed College Campus, Rodney A. Palmer

Faculty Publications

Trauma has no limits and does not discriminate based on one’s gender, ethnicity, social standing, educational background or religious affiliation. Those affected by trauma are not only present in our neighborhoods, homes and congregations, but also in every academic institution. This pervasive issue demands a seamless and intentional multilevel-organizational approach which encompasses the primary, secondary and tertiary levels of academic preparation. Consequently, higher education institutions in providing optimal service to their constituents, should seek to create a campus culture that places high premium on the best-practices of a trauma-informed approach. This paper will discuss the key concepts associated with trauma …

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 …

Commandeering, Preemption, And Vehicle Emissions Regulation Post-Murphy V. Ncaa, Amelia Raether

Northwestern University Law Review

The Clean Air Act is often heralded as a paragon of cooperative federalism. The Act’s approach to vehicle emissions regulation in particular prescribes a unique partnership between the federal government and the state of California: while all states are bound by federally mandated vehicle emissions requirements, California may set more stringent standards in recognition of its historic role on the leading edge of environmental protection. However, in August 2018, the Environmental Protection Agency proposed not only to roll back the national emissions regulations, but also to revoke California’s ability to set more stringent standards, which include limits on greenhouse gas …

Communicating Simply, But Not Too Simply: Reporting Of Participants And Speech And Language Interventions For Aphasia After Stroke, Release Collaboration, Marian C. Brady, Myzoon Ali, Kathryn Vandenberg, Linda J. Williams, Louise R. Williams, Masahiro Abo, Frank Becker, Audrey Bowen, Caitlin Brandenburg, Caterina Breitenstein, Stefanie Bruehl, David A. Copland, Tamara B. Cranfill, Marie Di Pietro-Bachmann, Pamela Enderby, Joanne Fillingham, Federica Lucia Galli, Marialuisa Gandolfi, Bertrand Glize, Erin Godecke, Neil Hawkins, Katerina Hilari, Jacqueline Hinckley, Simon Horton, David Howard, Petra Jaecks, Elizabeth Jefferies, Luis Mt Jesus, Maria Kambanaros, Eun Kyoung Kang, Eman M. Khedr, Anthony Pak-Hin Kong, Tarja Kukkonen, Marina Laganaro, Matthew A. Lambon-Ralph, Ann Charlotte Laska, Béatrice Leemann, Alexander P. Leff, Roxele R. Lima, Antje Lorenz, Brian Macwhinney, Rebecca Shisler Marshall, Flavia Mattioli, İlknur Maviş, Marcus Meinzer, Reza Nilipour, Enrique Noé, Nam-Jong Paik, Rebecca Palmer, Ilias Papathanasiou, Brigida F. Patricio, Isabel Pavão Martins, Cathy Price, Tatjana Prizl Jakovac, Elizabeth Rochon, Miranda L. Rose, Charlotte Rosso, Ilona Rubi-Fessen, Marina B. Ruiter, Claerwen Snell, Benjamin Stahl, Jerzy P. Szaflarski, Shirley A. Thomas, Mieke Van De Sandt-Koenderman, Ineke Van Der Meulen, Evy Visch-Brink, Linda Worrall, Heather Harris Wright

Research outputs 2014 to 2021

Purpose: Speech and language pathology (SLP) for aphasia is a complex intervention delivered to a heterogeneous population within diverse settings. Simplistic descriptions of participants and interventions in research hinder replication, interpretation of results, guideline and research developments through secondary data analyses. This study aimed to describe the availability of participant and intervention descriptors in existing aphasia research datasets.

Method: We systematically identified aphasia research datasets containing ≥10 participants with information on time since stroke and language ability. We extracted participant and SLP intervention descriptions and considered the availability of data compared to historical and current reporting standards. We developed an …

Sdg 3: Good Health And Well-Being - Framing Targets To Maximise Co-Benefits For Forests And People, Rosemary A. Mcfarlane, John Barry, Guéladio Cissé, Maya Gislason, Marta Gruca, Kerryn Higgs, Pierre Horwitz, Giang Nguyen, Jane O'Sullivan, Subhashis Sahu, Colin D. Butler

Research outputs 2014 to 2021

Key Points: The achievement of SDG 3 depends on many other SDGs; some SDGs are logically inconsistent, especially in the attempt to increase conventionally defined GDP while preserving natural capital. Any short-term gains for human health from further forest conversion (e.g. food production) creates short- and long-term, direct and indirect health risks for humans, as well as for other biota. Failure to ensure universal access to sexual and reproductive healthcare services (including family planning) will increase pressure on forests at local, regional and global scales. The burning and clearing of forests cause significant harm to health via impaired quality of …

William Shea Dies, Paul J. Ray

Faculty Publications

No abstract provided.

The Inseparable Duo: The Holy Spirit And Preaching, Rodney A. Palmer

Faculty Publications

The power of the Holy Spirit is indispensable when crafting and delivering effective sermons. To downplay His role in preaching creates a false dichotomy between the discipline of homiletics and the doctrine of pneumatology. The Holy Spirit plays seven important roles in the life of the preacher, the preparation of a sermon, the preaching moment, and the lives of listeners.

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.

Inclusion Model Impact On Students With Disabilities In Academic Settings, Michael Anthony Adams

All Electronic Theses and Dissertations

This study explored how the special education inclusion model impacted students with disabilities in several South Georgia counties. The researcher determined there were differences in perceptions and actual progression based on the findings from educators’ survey responses and standardized test results concerning the impact of the inclusion model on special education students in general education classrooms. This difference in perception versus reality emerged as a theme and may be attributed to educator’s negative experiences. Specific interest was given to students with disabilities in the categories of specific learning disability (SLD), emotional behavioral disability (EBD), mild intellectual disability (MI), and other …

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 …

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 …