Digital Commons Network^™

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.

Peremptory Norms Of General International Law (Jus Cogens) (Revisited) And Other Topics: The Seventy-Third Session Of The International Law Commission, Sean D. Murphy

GW Law Faculty Publications & Other Works

The International Law Commission (ILC) held its seventy-third session from April 18 to June 3 and from July 4 to August 5, 2022 in Geneva, under the chairmanship of Dire Tladi (South Africa). This session was the final one of the quinquennium, which originally would have occurred in the summer of 2021 but for the COVID-19 pandemic.

During the seventy-third session, the Commission completed the second reading of two topics: peremptory norms of general international law (jus cogens); and protection of the environment in relation to armed conflicts. The Commission completed a first reading of the topic on immunity of …

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 …

Racial Capitalism In The Civil Courts, Tonya L. Brito, Kathryn A. Sabbeth, Jessica Steinberg, Lauren Sudeall

GW Law Faculty Publications & Other Works

This Essay explores how civil courts function as sites of racial capitalism. The racial capitalism conceptual framework posits that capitalism requires racial inequality and relies on racialized systems of expropriation to produce capital. While often associated with traditional economic systems, racial capitalism applies equally to nonmarket settings, including civil courts.

The lens of racial capitalism enriches access to justice scholarship by explaining how and why state civil courts subordinate racialized groups and individuals. Civil cases are often framed as voluntary disputes among private parties, yet many racially and economically marginalized litigants enter the civil legal system involuntarily, and the state …

The Uncitral Model Law On Public Procurement: Potential Next Steps, Christopher R. Yukins, Caroline Nicholas

GW Law Faculty Publications & Other Works

The current version of the Model Law on Public Procurement was approved by the United Nations Commission on International Trade Law (UNCITRAL) in 2011, after a drafting process which spanned nearly a decade. This version of the Model Law reflects best practices which were emerging in procurement systems across the world during the first decade of this century. There have been calls for an update of the Model Law, and this draft chapter, after reviewing the history of the Model Law and the reforms which led to the current version, discusses various reforms which might be made to the text …

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 …

Is China A Dual State?, Donald C. Clarke

GW Law Faculty Publications & Other Works

Ernst Fraenkel’s theory of the dual state, as adumbrated in his book The Dual State: A Contribution to the Theory of Dictatorship, has attracted the attention of scholars of Chinese law. This paper argues that, contrary to the views of many of these scholars, the model of the dual state—a Normative State coexisting with a Prerogative State—simply does not fit China unless that model is stretched so far as to be substantially different from the one actually proposed by Fraenkel. First, the Chinese state does not present institutionally the kind of duality observed in dual states. There are, for …

Eliminating The Fugitive Disentitlement Doctrine In Immigration Matters, Tania N. Valdez

GW Law Faculty Publications & Other Works

Federal courts of appeals have declared that they may dismiss immigration appeals filed by noncitizens who are deemed “fugitives.” The fugitive disentitlement doctrine emerged in the criminal context with respect to defendants who had escaped from physical custody. Although the doctrine originated out of concerns that court orders could not be enforced against criminal fugitives, the doctrine has since crept into civil contexts, including immigration. But rather than invoking the doctrine for its originally intended purpose of ensuring that court orders could be enforced, courts now primarily invoke it for the purposes of punishment, deterrence, and protecting the dignity of …

Shareholder Wealth Maximization: Variations On A Theme, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

In the debate over whether a corporation’s primary purpose is to make money for shareholders or protect the interests of all stakeholders, including employees and customers, some argue that corporate law requires directors and corporations to serve primarily shareholder economic interests. This paper's review of the history of corporate law suggests otherwise. Analysis of the cases reveals that judges did not sanction “shareholder wealth maximization,” but used that rhetoric to legitimate management’s dominion. Early in the twentieth century, amidst the rise of the publicly held corporation, insisting that corporations maximize profit for their shareholders was a means of protecting minority …

Exploring Corporate Stakeholders’ Perspectives On Building Capacity For Employee Engagement In Workplace Wellness Initiatives, Abiola O. Keller, Rebecca Berman, Barb Scotty, Daniel Pinto

Physician Assistant Studies Faculty Research and Publications

Engaging employees with chronic conditions as partners in designing, implementing, and evaluating workplace wellness activities is a promising approach for optimizing the impact of workplace health promotion programs. Yet, there is a need for information on how employees are engaged in this process. We conducted a process evaluation of activities of the Patient-Centered Outcomes Research for Employees (PCORE) project formed around building capacity for employee engagement in wellness initiatives. Individual interviews were conducted with the 11 project stakeholders to explore perspectives of the project's participatory process and activities. Thematic categories emerging in the analysis were (1) Commitment and support, (2) …

Peripheral: Women's Imprisonment In Twentieth Century Ireland, Christina Quinlan

Research Outputs: 2025-Present

No abstract provided.

A Comparison Between The Eu Green Taxonomy And South Africa’S Green Taxonomy, Theodor Florian Cojoianu, Andreas G. F. Hoepner, Anh Vu

Research Collection College of Integrative Studies

Both South Africa and the European Union have introduced a common language and a clear definition of what is ‘sustainable’ through a taxonomy, a classification of environmentally sustainable economic activities, at the core of their sustainable finance ecosystem. Sustainable finance taxonomies provide transparency on what can be considered green and, hence, help investors, public authorities and policy makers make informed decisions, avoid green washing, and scale up sustainable investment. The purpose of the present report is to provide a comparison between the EU Taxonomy Regulation1 , including the respective EU Climate Delegated Act 2 and South Africa’s Green Finance Taxonomy3 …

Privacy Concerns With Using Public Data For Suicide Risk Prediction Algorithms: A Public Opinion Survey Of Contextual Appropriateness, Michael Zimmer, Sarah Logan

Computer Science Faculty Research and Publications

Purpose

Existing algorithms for predicting suicide risk rely solely on data from electronic health records, but such models could be improved through the incorporation of publicly available socioeconomic data – such as financial, legal, life event and sociodemographic data. The purpose of this study is to understand the complex ethical and privacy implications of incorporating sociodemographic data within the health context. This paper presents results from a survey exploring what the general public’s knowledge and concerns are about such publicly available data and the appropriateness of using it in suicide risk prediction algorithms.

Design/methodology/approach

A survey was developed to measure …

An Mhealth App-Based Self-Management Intervention For Family Members Of Pediatric Transplant Recipients (Myfami): Framework Design And Development Study, Riddhiman Adib, Dipranjan Das, Sheikh Iqbal Ahamed, Stacee M. Lerret

Computer Science Faculty Research and Publications

Background

Solid-organ transplantation is the treatment of choice for children with end-stage organ failure. Ongoing recovery and medical management at home after transplant are important for recovery and transition to daily life. Smartphones are widely used and hold the potential for aiding in the establishment of mobile health (mHealth) protocols. Health care providers, nurses, and computer scientists collaboratively designed and developed mHealth family self-management intervention (myFAMI), a smartphone-based intervention app to promote a family self-management intervention for pediatric transplant patients’ families.

Objective

This paper presents outcomes of the design stages and development actions of the myFAMI app framework, along with …

Accelerating Spatial Autocorrelation Computation With Parallelization, Vectorization And Memory Access Optimization, Anmol Paudel, Satish Puri

Computer Science Faculty Research and Publications

No abstract provided.

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 …

Editorial, Yuriko Saito

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Notices, Editorial Office

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Digital Tradition (2022), Loreto Pérez Ferre

Grado en Diseño de Moda

La pandemia ha causado un cambio en la industria textil. Por un lado las empresas han reducido su impacto durante los meses de confinamiento ante la bajada de ventas, mientras que han tenido que emplear plataformas digitales y distintos métodos para seguir llevando al cabo su producción. Ante todos estos cambios surgió un nuevo sector al que se le ha identificado como la moda digital. En este proyecto hemos investigado sobre los beneficios que tiene este sector tanto a nivel de eficacia como en la reducción de impacto medioambiental, a la vez que como herramienta para generar contenido. Para ello …

Understory Structure And Heterospecifics Influence The Occupancy Of A Ground-Nesting Species Of Conservation Concern, The Canada Warbler, Gordon W. Dimming, Christopher Rota, Petra Wood, Christopher M. Lituma

Faculty & Staff Scholarship

Forest structure and composition in eastern U.S. forests are changing because of forest regeneration after farmland abandonment, less frequent occurrence of severe disturbances, and climate change. Some of these changes may disproportionally affect birds that rely on gap dynamics or other forest canopy disturbances to create understory habitat. The Canada Warbler (Cardellina canadensis) is one such understory specialist that has undergone consistent declines. We assessed environmental and interspecific factors associated with Canada Warbler space use in its southern breeding distribution to understand potential causes of population declines and inform conservation efforts. We evaluated Canada Warbler occupancy from 840 …

Ranked Choice Voting In Mayoral Elections, Bryan Mccannon

Faculty & Staff Scholarship

Numerous cities across the U.S. have recently switched to ranked choice voting in their local mayoral elections. Proponents argue that, by allowing voters to fully express their preferences over the candidates, voter satisfaction and, ultimately, turnout will improve. Opponents are concerned over the number of candidates who enter the race, as it increases the chances of someone only supported by a minority taking office. To date, there has not been an empirical analysis of ranked choice voting’s effects. First, using the Synthetic Control Method on three large U.S. cities who switched relatively recently, I explore the voting rule’s causal impact. …

Expert Witnesses And Arbitration Outcomes: Insights From Public Procurement Contracts, Bryan Mccannon, Claudio Detotto, Marco Vannini, Riccardo Marselli

Faculty & Staff Scholarship

We explore the use of expert witnesses in arbitration proceedings by analyzing public procurement contract disputes in Italy. Balancing cost with accuracy, participants to a contract select arbitration when speedy dispute resolution is valued highly. Arbitration mechanisms tend to give arbitrators discretion in how to proceed. Consequently, principal-agent problems can arise. Using an IV approach, we show that the use of an expert witness causes a slowing down of the case resolution, without having an effect on the outcome of the dispute nor resolving uncertainty as measured by unanimous decisions by the panel of arbitrators.

Do Elections Encourage Public Actors To Be More Responsive?, Bryan Mccannon, Corey Williams

Faculty & Staff Scholarship

In the U.S. many public services are provided by individuals who are selected in local elections. We ask whether elections encourage public actors to be responsive to citizens. We design a novel field experiment where we send an information request to a random sample of prosecutor offices. Whether someone replies to the request is our measurement of responsiveness. We show that offices whose head is up for re-election are more likely to respond. We also show that offices in states that appoint their local prosecutors are substantially less likely to respond than a matched set of offices with elected leadership.

The Right To Counsel: Criminal Prosecution In 19th Century London, Bryan Mccannon, Zachary Porreca

Faculty & Staff Scholarship

Exploiting a novel data set of criminal trials in 19th century London, we evaluate the impact of an accused’s right to counsel on convictions. While lower-level crimes had an established history of professional representation prior to 1836, individuals accused of committing a felony did not, even though the prosecution was conducted by professional attorneys. The Prisoners’ Counsel At of 1836 remedied this and first introduced the right to counsel in common law systems. Using a difference-in-difference estimation strategy we identify the causal effect of defense counsel. We find the surprising result that the professionalization of the courtroom lead to an …

Sexual Assault On Campus: The Impact Of The Women's Gymnastics Scandal On Michigan State, Bryan Mccannon, Kaleigh Strohl

Faculty & Staff Scholarship

In 2017 Larry Nassar was sentenced to 60 years for assaulting over 300 women during his career as team doctor for the U.S. women’s national gymnastics team and as an osteopathic doctor and professor at Michigan State University. The university received a stream of negative publicity for their role in the scandal. We identify the impact of the sexual assault scandal on the university. Using a synthetic control method approach, we estimate the differences between the real and “synthetic” Michigan State in several university outcomes. We find significant reductions in the number of applications, changes in gender ratio of incoming …

Aacsb Accreditation And Student Demand, Bryan Mccannon, Katherine Starr, Marisa Cameron

Faculty & Staff Scholarship

We ask whether AACSB accreditation has a meaningful impact on university admissions. To do this, we explore 16 U.S. institutions which first achieved this certification recently. We, first, document a modest, but nonzero, impact on university-wide undergraduate applications, without any changes in first-year enrollment, price, or quality of the incoming student body. Restricting attention to business schools, while initial evidence suggests that the accreditation is associated with a decrease in enrollments, we show that this is complicated by non-parallel trends prior to accreditation. Compared to their comparison institutions, universities who seek out accreditation were experiencing flatter business enrollments. Correcting for …

Three Golden Balls: Pawn Shops And Crime, Bryan Mccannon, Zachary Rodriguez, Zachary Porreca

Faculty & Staff Scholarship

We ask what the relationship is between pawn shops and crime. The dominant narrative is that pawn shops reduce the transaction costs of crime and, consequently, promote it. We explore the alternative where pawn shops address the financial distress of those in need, which reduces the incentive to engage in crime. We exploit two distinct policies affecting access to pawn shops − severe licensing fees implemented in London in the early 1800s and state variation in the classification of pawn shops as essential businesses during the Covid-19 pandemic in spring 2020. For each, employing a difference-in-difference identification strategy, we provide …

Comparison Of Crop Yield Estimates Obtained From An Historic Expert System To The Physical Characteristics Of The Soil Components, Edward Barrow Rayburn, Tom Basden

Faculty & Staff Scholarship

No abstract provided.

Point Count System For Measuring Ground Cover From Digital Photos, Edward Barrow Rayburn

Faculty & Staff Scholarship

WVU-Extension fact sheet