Digital Commons Network^™

Code Free Or Die: Regulations Of Computer Code And The First Amendment, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

After the San Bernardino terrorist attack in 2015, the FBI sought to enlist Apple in its efforts to acquire potential evidence about the attack by accessing the contents of the cell phone used by the shooter Syed Rizwan Farook. The FBI claimed that the messages, contacts, and other information stored on Farook’s cell phone could lead them to potential co-conspirators who assisted in the attack or who were involved in planning other terrorist activities, or other relevant evidence. The FBI claimed that it needed Apple’s help because the cell phone in question embodied a number of security features familiar to …

Afterword: Why 'Taming The Megabanks' Should Remain A Top Priority For Financial Regulators And Policymakers, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

This essay was published as part of a law review symposium that evaluated my work on the regulation of large, complex financial institutions. Part I of my essay discusses the other articles published in the symposium issue and describes their relationship to my own work. Part II analyzes the global financial crisis that began in March 2020, following the outbreak and rapid spread of the COVID-19 virus. Part II also reviews the extraordinary actions taken by governments and central banks in response to that crisis. Part II argues that the pandemic- induced financial crisis and its aftermath confirm two lessons …

Firearms And Initial Aggressors, Cynthia Lee

GW Law Faculty Publications & Other Works

Under the initial aggressor doctrine, an “initial aggressor” loses the right to claim self-defense. Until recently, judges, legal scholars, and others have paid relatively little attention to this doctrinal limitation on the defense of self-defense. Two high-profile criminal trials in 2021 put the initial aggressor doctrine front and center of the national conversation on issues concerning self-defense and racial justice. One involved Kyle Rittenhouse, the 17-year-old teenager who brought an AR-15 style rifle to Kenosha, Wisconsin during the third night of racial protests in August 2020, and ended up shooting three men, killing two and injuring the third. The other …

The Common Sense Of A Wealth Tax: Thomas Paine & Taxation As Freedom From Aristocracy, Jeremy Bearer-Friend, Vanessa Williamson

GW Law Faculty Publications & Other Works

Thomas Paine’s writing helped spur the American colonies to independence and ensure that the new nation would be a republic, not a monarchy. In light of the renewed interest in wealth taxes, this article provides a close examination of Thomas Paine’s wealth tax proposal in the second volume of The Rights of Man. Unlike Paine’s proposal to tax inheritances, his 1792 proposal to tax wealth on an annual basis is often overlooked. The article identifies Paine’s various design specifications, provides original estimates of the impact of Paine’s wealth tax proposal within his own time period and as applied to billionaires …

Regulating Big Tech: Lessons From The Ftc’S Do Not Call Rule, William E. Kovacic, David A. Hyman

GW Law Faculty Publications & Other Works

Big Tech (Amazon, Apple, Facebook, and Google) is under regulatory assault. Cases have been brought against each of these companies in multiple countries around the world, but there is an emerging consensus that more needs to be done – most likely in the form of ex ante regulation that prescribes rules of conduct for dominant information platforms. The European Union and the United Kingdom are well on the way to establishing such frameworks, and the United States appears poised to undertake similar measures in the coming years. Most of the debate has focused on the case for ex ante regulation …

Medicare For All, Health Justice, And The Laboratories Of Democracy, Elenore Wade

GW Law Faculty Publications & Other Works

A growing majority of Americans support the implementation of a national single-payer healthcare program, also known as Medicare for All, which would shift payments for healthcare services to a single public payer and provide care based on need rather than ability to pay. However, legislators, scholars, and advocates have suggested state governments rather than the federal government should take the lead by implementing state-based single-payer programs. Dozens of single-payer proposals have been introduced in state legislatures across the country, and proposed legislation in Congress would remove the federal roadblocks to state-based single-payer’s implementation. Proponents of state-based single-payer rely on the …

An Overview Of Privacy Law In 2022, Daniel J. Solove, Paul M. Schwartz

GW Law Faculty Publications & Other Works

Chapter 1 of PRIVACY LAW FUNDAMENTALS (6th edition, IAPP 2022) provides an overview of information privacy law circa 2022. The chapter summarizes the common themes in privacy laws and discusses the various types of laws (federal, constitutional, state, international). It contains a list and brief summary of the most significant U.S. federal privacy laws. The heart of the chapter is an historical timeline of major developments in the law of privacy and data security, including key cases, enactments of laws, major regulatory developments, influential publications, and other significant events. The chapter also contains a curated list of important treatises and …

Unsexing Breastfeeding, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

For half a century, constitutional sex equality doctrine has been combating harmful sex stereotypes by invalidating laws that treat women as caregivers and men as breadwinners. Yet decades after the constitutional sex equality revolution unsexed parenting roles, one area of parenting has escaped this doctrine’s exacting gaze: breastfeeding. Beginning in the 1990s in the wake of public health efforts to promote breastfeeding, a raft of laws were enacted, from insurance coverage mandates under the Affordable Care Act to workplace accommodations under the Fair Labor Standards Act, that provide substantial breastfeeding protections and benefits, but only to women. Although the sexed …

Democracy And Demography, Paul S. Berman, Neal S. Mehrotra, Kathryn S. Sadasivan

GW Law Faculty Publications & Other Works

American democracy is under siege. This is so because of the confluence of three trends: (1) demographic change and residential segregation, which increasingly have placed more racially diverse Democratic Party voters in cities and suburbs, while rural areas have become more white and Republican; (2) a constitutional structure—particularly the Electoral College, the composition of the Senate, and the use of small, winner-take-all legislative districts—that gives disproportionate representation to rural populations; and (3) the willingness of this rural Republican minority to use its disproportionate power to further entrench counter-majoritarian structures, whether through extreme partisan gerrymandering, increased voter suppression efforts, court-packing, or …

Selective Judicial Activism In The Roberts Court, Alan B. Morrison

GW Law Faculty Publications & Other Works

In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito offers two main reasons why there is no Due Process right to an abortion in the Constitution, and hence why Roe v. Wade should be overturned: abortion is not mentioned in the text, and decisions about whether abortions should be permitted and, if so, under what conditions, are properly the province of the elected representatives and not federal judges. In this essay I show that, in many of the most significant cases decided by the Roberts Court, the Court has disregarded both of those reasons, and engaged in the kind …

Organizational Conflicts Of Interest: Cautionary Tales, Jessica Tillipman

GW Law Faculty Publications & Other Works

A recent, high-profile investigation involving McKinsey & Company (McKinsey) and its contracts with the Food and Drug Administration (FDA) has reminded us that organizational conflicts of interest (OCIs) are an integrity issue that never should be written off as a check-the-box exercise during the procurement process. This incident highlighted the need to address critical gaps in this area of the law. This article appeared in the August 2022 issue of Contract Management magazine published by the National Contract Management Association. Used with permission.

Between A Rock And A Hard Place? Ict Companies, Armed Conflict, And International Law, Arturo J. Carrillo

GW Law Faculty Publications & Other Works

What is an ICT company to do when operating in the midst of international armed conflict like the one raging in Ukraine? How should tech company executives respond to urgent government demands – often conflicting -- to propagate or censor online content arising in the context of war, including disinformation? And what of their demands to access the personal data or communications of users, ostensibly to safeguard security but nonetheless presenting the potential for abuse? Governments make difficult demands of ICT companies by seeking to impose heavy restrictions on the free flow of information and data privacy via the latter’s …

Transformational Procurement—The Past And Future Of Global And Local Public Purchasing—Views From The Expert Community On What Public Money Did And Will Still Need To Buy, Steven L. Schooner, Gustavo Piga

GW Law Faculty Publications & Other Works

This short piece discusses a (rather informal) survey of approximately two dozen public procurement experts (including University professors, consultants, national regulators, multilateral development bank members, and lawyers; all chosen primarily based upon their prior dealings with Professor Piga). The survey looks back (or, in other words, at where we've been) and forward (or, in other words, where we're going.) The results of the survey were originally presented at the Global Revolution XI Conference at the University of Nottingham in June of 2022.

Overcoming Corruption And War -- Lessons From Ukraine's Prozorro Procurement System, Christopher R. Yukins, Steven Kelman

GW Law Faculty Publications & Other Works

After the 2014 uprising against widespread corruption under former Ukrainian President Victor Yanukovych, a group of civic activists and data experts decided to overhaul government procurement. Their efforts produced an open-source e-procurement system, ProZorro (“transparency” in Ukrainian), and a community of citizens and government buyers, Dozorro (“watchdog” in Ukrainian), that analyzes contracting data, flags high-risk deals and irregularities, and reports them to government authorities. Created with the help of the European Bank for Reconstruction and Development and the U.S. Agency for International Development, ProZorro has helped Ukraine save almost $6 billion in public funds since October 2017, according to the …

Review Of Shucheng Wang, Law As An Instrument: Sources Of Chinese Law For Authoritarian Legality (Cambridge University Press 2022), Donald C. Clarke

GW Law Faculty Publications & Other Works

This brief note reviews Shucheng Wang’s Law as an Instrument: Sources of Chinese Law for Authoritarian Legality. It finds that the author provides a well-informed, in-depth exploration of the sources of Chinese law and offers rich food for thought on these and other questions in the world of Chinese legal studies. The author brings a good sense of the political realities of the Chinese legal system to his study.

The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica Steinberg

GW Law Faculty Publications & Other Works

This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …

No Man Is An Island In Defense Procurement: Developments In Eu Defense Procurement Regulation And Its Implications For The U.S., Luke R.A. Butler, Michael Bowsher, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The Russian invasion of Ukraine and the United Kingdom’s exit from the European Union have focused minds on the EU’s role as a defense actor. In the context of defense procurement, this includes whether the EU should itself co-fund cooperative programmes with Member States (through the European Defense Fund, for example, and Permanent Structured Cooperation (PESCO) initiatives among Member States), what can be commonly procured (and what cannot, e.g., due to prohibitions against offsets), and how (for example, under the competing constraints of Article 346 of the Treaty on Functioning of the European Union (TFEU) and the 2009 European Defense …

Remorse, Relational Legal Consciousness, And The Reproduction Of Carceral Logic, Kathryne M. Young, Hannah Chimowitz

GW Law Faculty Publications & Other Works

One in seven people in prison in the US is serving a life sentence, and most of these “lifers” will someday be eligible for discretionary parole. But little is known about a key aspect of parole decision-making: remorse assessments. Because remorse is a complex emotion that arises from past wrongdoing and unfolds over time, assessing the sincerity of another person’s remorse is neither a simple task of lie detection, nor of determining emotional authenticity. Instead, remorse involves numerous elements, including the relationship between a person’s past and present motivations, beliefs, and affective states. To understand how parole board members make …

Rethinking The Role Of Employment Barriers In Active Labor Market Policy: Evidence From A Fixed Effects Analysis, Jian Qi Tan, Irene Y. H. Ng, Kong Weng Ho

Research Collection School Of Economics

Using a panel dataset from a five-wave survey of participants in Singapore’s Work Support Programme (WSP) from 2010 to 2016, we quantify the cumulative negative impact of facing multiple employment barriers and demonstrate the association between the individual stressors and labor market indicators. Using a fixed effects model to reduce the confounding effects of unobservables, we find that a one standard deviation increase in the number of employment barriers brings about a 2.7 to 3.5 percentage point increase in the probability of being unemployed and a 58 SGD to 78 SGD decrease in individual earnings.

Does A District Mandate Matter For The Behavior Of Politicians? An Analysis Of Roll-Call Votes And Parliamentary Speeches, Andreas Born, Aljoscha Janssen

Research Collection School Of Economics

In most democracies, members of parliament (MPs) are elected either through a party list or by a district. We use a discontinuity in the German electoral system to investigate the causal effect of a district election on an MP’s conformity with the party line. A district election does not affect roll-call voting behavior causally, possibly due to overall high adherence to party-line voting. Analyzing the parliamentary speeches of each MP allows us to overcome the high party-line discipline with regard to parliamentary voting. Using textual analysis and machine learning techniques, we create two measures of closeness of an MP’s speeches …

Sustainable Strategies For Mass Rapid Transit Ppps, Sock Yong Phang, Bin Chye Tan

Research Collection School Of Economics

Mass rapid transit (MRT) PPPs have proliferated in the past two decades. This chapter provides a framework to categorise and understand alternative PPP designs. As MRT systems are inherently large, unprofitable and risky projects, PPP design is critical to project success and sustainability. We study the experiences of MRT PPPs in London, Hong Kong, Singapore and Beijing to understand factors underlying success and failure and to arrive at policy recommendations for PPPs. Policymakers need to have additional governance improvement and risk mitigation measures in place when tied supply chains are utilised. Hong Kong’s experience illustrates that ‘Rail plus Property’ strategy …

Does A District Mandate Matter For The Behavior Of Politicians? An Analysis Of Roll-Call Votes And Parliamentary Speeches, Andreas Born, Aljoscha Janssen

Research Collection School Of Economics

In most democracies, members of parliament (MPs) are elected either through a party list or by a district. We use a discontinuity in the German electoral system to investigate the causal effect of a district election on an MP’s conformity with the party line. A district election does not affect roll-call voting behavior causally, possibly due to overall high adherence to party-line voting. Analyzing the parliamentary speeches of each MP allows us to overcome the high party-line discipline with regard to parliamentary voting. Using textual analysis and machine learning techniques, we create two measures of closeness of an MP’s speeches …

Forecasting Equity Index Volatility By Measuring The Linkage Among Component Stocks, Yue Qiu, Tian Xie, Jun Yu, Qiankun Zhou

Research Collection School Of Economics

The linkage among the realized volatilities of component stocks is important when modeling and forecasting the relevant index volatility. In this article, the linkage is measured via an extended Common Correlated Effects (CCEs) approach under a panel heterogeneous autoregression model where unobserved common factors in errors are assumed. Consistency of the CCE estimator is obtained. The common factors are extracted using the principal component analysis. Empirical studies show that realized volatility models exploiting the linkage effects lead to significantly better out-of-sample forecast performance, for example, an up to 32% increase in the pseudo R2. We also conduct various forecasting exercises …

A Systematic, Holistic And Transdisciplinary Energy Management Framework To Promote Environmentally Sustainable Shipyards, Seyedvahid Vakili

World Maritime University Ph.D. Dissertations

Shipbuilding is an energy-intensive industry and has negative environmental impacts. Given the contribution of the production phase to ships' air emissions throughout their life cycle, there is no international regulation to monitor, control or reduce air emissions during this phase. However, it may be covered by State’s Nationally Determined Contributions (NDC) under the Paris Agreement. Achieving a zero-emission shipping industry requires a broader, holistic, systematic and "cradle to grave" approach that takes into account the life cycle of the ship, from production to scrapping.

The aim of the study is to develop to a holistic and systematic approach to reducing …

Teachers’ Understandings Of The Social And Professional Support Needed To Implement Change In Qatar, Ibrahim M. Karkouti, Reem Khalid Abu-Shawish, Michael H. Romanowski

Faculty Journal Articles

Currently, Qatar is implementing an educational reform to enhance teaching and learning in public and private schools. The Qatar National School Accreditation significantly impacted Qatar's private schools, requiring teachers to implement various mandated educational changes. Using House (1981) types of social support, this qualitative, phenomenological study was designed to explore teachers' understandings regarding the social and professional support they need to implement educational change at an international school in Qatar. To help teachers engage in change, findings revealed that educational leaders need to heed teacher wellbeing during educational reform, educational change should be contextualized and tailored to the needs of …

Viral Outbreaks Detection And Surveillance Using Wastewater-Based Epidemiology, Viral Air Sampling, And Machine Learning Techniques: A Comprehensive Review And Outlook, Omar M. Abdeldayem, Areeg M. Dabbish, Mahmoud M. Habashy, Mohamed K. Mostafa

Faculty Journal Articles

A viral outbreak is a global challenge that affects public health and safety. The coronavirus disease 2019 (COVID-19) has been spreading globally, affecting millions of people worldwide, and led to significant loss of lives and deterioration of the global economy. The current adverse effects caused by the COVID-19 pandemic demands finding new detection methods for future viral outbreaks. The environment's transmission pathways include and are not limited to air, surface water, and wastewater environments. The wastewater surveillance, known as wastewater-based epidemiology (WBE), can potentially monitor viral outbreaks and provide a complementary clinical testing method. Another investigated outbreak surveillance technique that …

Mindfulness, Recovery-Stress Balance, And Well-Being Among University Dance Students, Peta Blevins, Gene Moyle, Shona Erskine, Luke Hopper

Research outputs 2014 to 2021

Dance students face many physical and psychological stressors in their training and daily lives, therefore methods for coping with stress are essential for performance enhancement and general wellbeing. This study aimed to investigate the relationships between mindfulness, stress, recovery, and wellbeing among university level vocational dance students. Seventy-two dance students at two Australian universities completed online self-report measures of mindfulness, recovery-stress states, and affect. Correlation coefficients indicated a significant positive relationship between mindfulness and positive affect, and significant negative relationships between mindfulness and stress, and mindfulness and negative affect. MANOVA revealed differences between high mindfulness and low mindfulness groups on …

“Om” Chanting And Its Impact On Selected Neuropsychological Functions: A Literature Overview, Suresh Kumar Thanneeru, Roshan F. Sutar, Vijendra Singh, Anuradha Kushwah, Saikat Das, Mahendra Atlani, Madhukar Mittal, Amit Agrawal

Manipal Journal of Medical Sciences

The "OM" mantra is one of the most sacred symbols in Indian culture, and Om chanting holds emotional, spiritual, and religious significance. The domain and spectrum of the impact of "Om" chanting include delta and theta brainwaves on EEG, overall EEG activity, asthma symptom control, quality of life, brain hemodynamics, and physiological and psychological effects of "Om" chanting and singing. It also plays a role in the management of major depressive disorder (MDD). "OM" listening or chanting activates the frontal lobe and supramarginal gyrus, promoting calmness, enhancing thinking processes, and improving memory. In the present review, we selectively examine articles …

Assessment Of The Impact Of The Lockdown On The Use Of Medications For Chronic Diseases In The State Of Goa, Sayed Sf, Dias A, Viegas M

Manipal Journal of Medical Sciences

Background: The COVID-19 pandemic came as a shock to citizens globally and those dependent on medications for chronic conditions were hit the hardest during the long lockdowns. This study aims to assess how the medications for chronic conditions in the state of Goa were impacted and the change in practices and attitude towards purchase and compliance.

Methods: It was a cross sectional study conducted on 264 participants from various parts of Goa, a state on the western coast of India. Data was collected using an online questionnaire using Google forms which involved closed and open ended questions assessing attitude, compliance …

Responses Of An Axially Rotated Tube Versus Twisted Tube Design As Two Solutions To Enhance The Thermal Performance Under A Non-Uniform Heat Flux Condition: A Numerical Study, Andrew S. Tanious, Ahmed A. Abdel-Rehim, Ahmed A. Attia

Mechanical Engineering

Enhancement of heat transfer in tubes exposed to non-uniform heat flux applications is a key factor in increasing such applications' efficiency.

In the present study, heat transfer in an axially rotating pipe with concentrated heat flux at the lower section of the pipe is numerically investigated and compared to the twisting technique in such applications. The effects of pipe’s length (1, 2, and 3 m) and rotation rate (N = 0–10.5), which is the ratio between the rotational and axial Reynold’s numbers, are studied numerically using ANSYS Fluent while the effect of the twist ratio (S = 0.1–1m) is studied …