Digital Commons Network^™

Why Sustainable Procurement? Read All About It, Steven L. Schooner

GW Law Faculty Publications & Other Works

As procurement professionals (knowingly or unknowingly) await regulations promulgated in an effort to adapt to and mitigate climate change, significant opportunities exist within current federal regulations and policy to affect change. For now, the burden to stimulate innovation falls upon procurement professionals, individually, and collectively. In that context, information is power. What better place to start than with a good book?

With an eye towards informing productive conversations across the federal acquisition community about evolving expectations, practices, and policies in sustainable procurement, this article suggests some reading from the massive and diverse body of work related to climate change.

This …

Will Protectionism Prevail In Global Public Procurement?, Laurence Folliot Lalliot, Christopher R. Yukins

GW Law Faculty Publications & Other Works

For public procurement, the pendulum of trade policy seems to be swinging back towards protectionism. Governments can have a profoundly important impact on their home economies when they raise barriers to foreign competition. Recent protectionist efforts by major economic powers, including the United States and the European Union, suggest a new world order—of new import and export barriers, tight technology controls and “friend-shoring” to limit public procurement trade to a closed circle of aligned nations. Will this be the new economic order in public procurement? This article, originally published in Concurrences Review, concurrences.com, argues not. Open international trade in …

The New Gender Perspective: The Dawn Of Intersectional Autonomy In Women’S Rights, Rosa Celorio

GW Law Faculty Publications & Other Works

International human rights jurisprudence has increasingly mandated state action which integrates a gender perspective, taking into consideration the discriminatory norms, harmful social practices, stereotypes, and violence that women have and still suffer. A range of supranational bodies have issued case decisions promoting the adoption of gender-sensitive legislation, policies, programs, and the establishment of administration of justice systems well-trained and equipped to address women’s rights violations.

This article discusses how the conception of this gender perspective has evolved over time and is now centered on the pursuit of autonomy for women. Autonomy is presented as a key ingredient to ensure due …

China's Anti-Secession Law: Background, Legal Significance, And Recent Developments, Donald C. Clarke

GW Law Faculty Publications & Other Works

What is the significance of China’s 2005 Anti-Secession Law (ASL) specifically as a legal document? In other words, how if at all is it different for any practical purpose from a policy announcement? Would anything be different if it did not exist at all? What was the point of having the National People’s Congress issue it instead of, for example, the State Council (whose Taiwan Affairs Office in 2022 issued a White Paper)? What was the point of calling it a law, instead of something like “An Announcement to Taiwanese Compatriots,” as the NPC Standing Committee had done in 1979? …

Guardians Of Ethics For The Profession Of Arms: Judge Advocates Assisting Commanders To Choose The Harder Right Over The Easier Wrong, Lisa M. Schenck

GW Law Faculty Publications & Other Works

This article provides an explanation of the unique and critical role of members of the Service Judge Advocate General’s Corps, not only as attorneys providing legal services to commanders, staff, personnel, and family members, but also as Guardians of Ethics for the military, the Profession of Arms. Moreover, military lawyers are key leaders who are responsible to lead or guide others to the right ethical decision. And when Judge Advocates are not present at the table to provide sage, educated, measured, advice—or fail to speak up and address potential ethical issues that arise or they are ignored— military leaders do …

Modern Military Justice: Cases And Materials (4th Ed.) (2024) (West Academic), Lisa M. Schenck

GW Law Faculty Publications & Other Works

This textbook comprehensively covers the modern military justice system of the United States, under the Uniform Code of Military Justice. This text is appropriate for all students, with or without prior military experience. It covers court-martial procedures, substantive criminal law, and nonjudicial punishment under the Uniform Code of Military Justice, in addition to the Military Extraterritorial Jurisdiction Act, which gives federal courts jurisdiction over certain acts committed abroad. Materials from every Service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at …

Disability, Race, And Immigration: The Intersectional Impact Of Policing, Tania N. Valdez

GW Law Faculty Publications & Other Works

Law enforcement officers commonly must respond to situations in which a person is experiencing acute symptoms of a mental illness. Yet from the first moment of police involvement, these community members face the possibility of negative outcomes. Consequences include officers' use of excessive force leading to injury or death, criminal arrest and prosecution that results in deprivation of liberty, separation from the community, and the creation of a permanent criminal record that affects other rights.

Although potential violence and criminalization are important reasons to avoid relying on police during mental health events, another key consideration is often ignored in the …

Copyright And The Training Of Human Authors And Generative Machines, Robert Brauneis

GW Law Faculty Publications & Other Works

There are many limitations on copyright of which human authors can and do take advantage as they are learning. However, there is no blanket fair use immunity for use of copyrighted works to educate human authors, even though those authors typically do not go on to create substantially similar works. Human authors typically end up paying, directly or indirectly, for most of the copyrighted works from which they learn. Should it be different when human beings use copyrighted works to train generative AI models? This article concludes that it should not, in spite of two prominent arguments to the contrary. …

The Implications Of Section 230 For Black Communities, Spencer A. Overton, Catherine Powell

GW Law Faculty Publications & Other Works

Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (e.g., posts, comments, videos) and for moderation of that content. This article addresses an important issue overlooked by both defenders and critics of Section 230: the implications of the law and proposed reforms for Black communities. By relieving tech platforms of most legal liability for third-party content, Section 230 helps facilitate Black social activism, entrepreneurship, and artistic creativity. Further, Section 230 also relieves platforms of most legal liability for content moderation, which boosts platforms’ freedom to …

The Cost Of Justice At The Dawn Of Ai, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Justice isn’t free, but it might soon get much less expensive. Policies concerning issues such as arbitration, class actions, and plea bargaining depend on how much legal services cost, but the legal literature has generally ignored past and future cost trends and their implications. The result is a legal system that may change dramatically because of economic forces without active consideration of potential responses. Part of the reason for the lack of attention is that changes in legal productivity can be difficult to measure or forecast. Some commentators have concluded that the legal sector has become more expensive in recent …

The Old And The New Governors: Efforts To Regulate And To Influence Platform Content Moderation, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

The era of “Hands off the Internet” is clearly at an end. Fueled by conservatives’ charges of platform bias, state governments have enacted, and the federal government has proposed, regulations to control platforms’ discretion in moderating content. Justice Thomas recently provided a roadmap for such regulation, suggesting that governments impose common carrier or public accommodation regulations on platforms to limit “viewpoint discrimination.” States like Texas then enacted regulation prohibiting “viewpoint discrimination” in content moderation, and this regulation was upheld by the Fifth Circuit. Florida enacted similar legislation, but such this statute was largely struck down by the Eleventh Circuit. This …

Are "Book Bans" Unconstitutional? Reflections On Public School Libraries And The Limits Of Law, Catherine J. Ross

GW Law Faculty Publications & Other Works

Since 2021, the number of demands that public school libraries remove materials from their shelves based on content has accelerated almost too quickly to track. Book removal incidents are more prevalent today than at any time since data became available, doubling between 2021 and 2022. Such “book bans” (as opponents characterize them) or “targeted book removals” (as the courts call them) arise in the context of intense political and cultural divisions and, in turn, exacerbate those conflicts. Indeed, national organizations as well as politicians at every level have played a role in the contemporary attack on library materials, which disproportionately …

Food Studies En Español: Investigación Actual En Gastronomía Y Comunicación, Yanet Acosta, Rebecca Ingram

Spanish: Faculty Scholarship

No abstract provided.

Deploying Chatbots To Build Students' Critical Thinking Skills: Leveraging Generative Ai Effectively And Purposefully In Higher Education, Sun Sun Lim, Tamas Makany

Research Collection College of Integrative Studies

No abstract provided.

A Comparative Analysis Of New York Times' Vietnam War Coverage: Pre-And Post-Pentagon Papers' Release, Khanh Do

Student Scholarship

No abstract provided.

Digitizing Historical Resources On The Ohio & Erie Canal, S. Victor Fleischer

University Research

Louis Baus, photographer, shot numerous scenes along the Ohio & Erie, Miami & Erie, and the connecting feeder canals. This collection of over 400 photo negatives portrays a sense of canal life during the late 1800s to early 1900s. Found in this collection are images of canal boats, crew and passengers, as well as various locks, businesses and homes along the canal ways.

The Challenges And Rewards Of Carrying Out Qualitative Research On The Police In The African American Community, Daniel K. Pryce, Ingrid Phillips Witaker

Sociology & Criminal Justice Faculty Publications

In this paper, we discuss the challenges and rewards of carrying out qualitative research on the police in the African American1 community. Using data drawn from interviews with seventy-seven African American adults in Durham, NC, we found that community member hostility toward research(ers) and fear of both neighbors and the police lowered African Americans’ willingness to be interviewed about their perceptions of and experiences with U.S. police. These findings were observed primarily in public housing and middle-income communities. On a positive note, we found that greater awareness of policing issues increased African Americans’ willingness to participate in research about the …

Prevalence And Disparities In Receiving Medical Advice To Quit Tobacco Use In The Us Adult Population, Monalisa Chandra, Rajesh Talluri, Joel Fokom Domgue, Sanjay Shete

Faculty, Staff and Student Publications

Introduction: Evidence suggests that advice from health care professionals (HCP) increases the likelihood of quit attempts and successful quitting of tobacco use. However, previous studies primarily focussed on cigarette smoking and did not include all forms of tobacco products. This study aimed to investigate the prevalence and disparities in receiving HCP's advice to quit tobacco use (combustible or noncombustible) in the US adult population.

Methods: Using the 2022 National Health Information Survey (NHIS) data, we examined 4,424 adults who reported (i) any tobacco product use within the past 12 months and (ii) having seen an HCP within the past 12 …

Configuring Thermal Ablation Volumes For Treatment Of Distinct Tumor Shapes: A Repeatability Study Using A Robotic Approach, Milica Bulatović, Jan Hermann, Pascale Tinguely, Iwan Paolucci, Stefan Weber

Faculty, Staff and Student Publications

Objectives: In the current clinical practice of thermal ablation treatment for liver tumors, achieving consistent and effective clinical outcomes across tumors of varying shapes, sizes and locations remains challenging. The aim of this study was to evaluate the repeatability of a novel robotic approach for configurable ablation of distinct tumor shapes and compare it to the standard ablation technique for creating ellipsoidal ablation volumes.

Materials and methods: The repeatability was evaluated in terms of width variability in created ablation volumes. Using a robotic navigation platform, custom ablation profiles configured with power, time, and distance parameters were designed to create four …

Exposure To Metal Accumulation In Chicken Giblets And Human Health Risk In Lokoja, Nigeria, Jude Ehwevwerhere Emurotu, Lami Habib, Ephraim Musa Dallatu, Adamu Shuaibu Onakpa, Aloysius Akaangee Pam

Applied Environmental Research

When consumed, the toxic heavy metals in chicken giblets pose a grave risk to humans. An inductively coupled plasma optical emission spectrometer (ICP-OES) was used to measure the concentrations of metals (Al, Cd, Co, Cr, Ni, Mn, and Pb) in the liver, gizzard, and kidney of chickens from the Lokoja poultry market. Except for lead, which slightly exceeded the FAO/WHO limit of 0.1 mg kg-1, the metal concentrations found were all within the threshold limit. The estimated daily intake (EDI), hazard quotient (HQ), hazard index (HI), and cancer risk (CR) were used to assess the risks that humans would face …

Path Analysis Of The Relationship Between Diarrhea, Climate And Environmental Variables In Province Of West Nusa Tenggara-Indonesia, Khadijah Azhar, Ika Dharmayanti, Dwi Hapsari Tjandrarini, Bambang Wispriyono

Applied Environmental Research

Diarrhea is a major cause of morbidity and mortality, particularly in West Nusa Tenggara Province, Indonesia, due to certain factors. Therefore, this study aims to examine the influence of climate, economic status, demographic, water, sanitation, and hygiene factors on diarrhea. The study procedures were carried out using an ecological design that focused on the characteristics of the sample population. The unit of analysis was districts/cities, where data on diarrhea cases from 2017–2020 were used, along with other variables in the same period. The dependent variable was the number of diarrhea cases per month, while the independent variables included average temperature, …

Global Perspectives On Healthcare Waste Management And Bibliographic Mapping During The Crises Of Covid-19, Vasudeo Zambare, Bhushan Bhusare, Lew Christopher, Mohanadoss Ponraj, Nabin Narayan Munankarmi, Mohd Fadhil Md. Din

Applied Environmental Research

The lack of proper waste management of health care facilities can have a significant negative health impact on the global population. This study provides a critical view on the current state of the existing healthcare waste management practices used in healthcare facilities around the world during the Coronavirus disease 2019 (COVID-19) pandemic outbreak. The increasing amount of COVID-related healthcare waste was analyzed and classified to provide justification for the urgent need to develop waste management standards that ensure safe containment and diversion of hazardous and non-hazardous wastes through recycling, reuse and repurposing. The waste handling, treatment, and disposal management of …

Study Of Solar Collector Potential In Thailand Using Computational Fluid Dynamics Approach, Phongpapop Kitisomkiat, Varudom Siri, Benjapon Chalermsinsuwan, Kejvalee Pruksathorn

Applied Environmental Research

Due to the proximity of Thailand being near the equator, there is a significant potential for harnessing an excess amount of solar energy using a solar collector. The solar collector harvests solar energy by acting as a passive heat exchanger, receiving solar energy, and transferring it to a fluid medium to be further utilized. This study presents the analysis of temperature outlet and pressure drop of a solar collector in Thailand, utilizing Earth’s geological location, date, and time for solar energy calculations and employing computational fluid dynamics (CFD) to predict the collector’s efficiency. The CFD approach offers a reduction in …

Addressing The Consumer Food Waste Crisis: A Decade Of Psychological Interventions, Pei ๋Jun Woo, Yohanna Veshanya, Lai Ti Gew

Applied Environmental Research

Food waste has become an increasing global crisis, especially in the last few years. Researchers and policymakers have attempted to work towards meeting the Sustainable Development Goals (SDGs) proposed by the United Nations. While much research has been conducted, we are still far from achieving the SDG by 2030. Many interventions have been studied, but each outcome varies. Thus, this review summarizes 30 psychological-based interventions between 2010 to 2022, retrieved via the Scopus database. It is found that each method of intervention works differently based on each type of food waste. Institutional food waste appears to be the most common …

Prevalence Of Microplastics In Coastal Area Of Samae San, Thailand And Its Possible Source, Siwanath Pangpunth, Sujaree Bureekul, Voranop Viyakarn

Applied Environmental Research

This research explored the abundance, morphology, and polymer composition of microplastics (MPs) in various environmental samples within the Samae San subdistrict involving surface soil nearby the dumping site, road dust soil, beach sand and sediment in the area with distinct land- based activities. Dumping site soil exhibited the highest concentration in items per kg of dry weight at 93,734.3, followed by road dust soil (573.0 ± 583.7), beach sand (99.8 ± 75.3), and sediment (83.1 ± 50.4). Morphological traits revealed similarities between transparent fiber-shaped particles in beach sands and sediment, and those in nearby road dust soil, while green sheet-shaped …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler

Seattle University Law Review

How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell

Seattle University Law Review

Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …

Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy

Seattle University Law Review

Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.

In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …