Digital Commons Network^™

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This essay draws on the examples of Watergate and Iran-Contra to offer a new perspective on Independent Counsel and their ability to investigate and prosecute high-level wrongdoing. The current consensus is that an Independent Counsel, appointed by judges of the special court pursuant to the Ethics in Government Act, will invariably investigate and prosecute crimes more vigorously than a Special Prosecutor appointed by the President or the Attorney General. Watergate and Iran-Contra suggest, however, that there are institutional and political factors that make analysis of the comparative tendencies of the two types of prosecutors more complex and dependent on circumstance. …

The Summary Affirmance Proposal Of The Board Of Immigration Appeals, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The Board of Immigration Appeals is on the verge of making a tragic mistake, trading away a key element of fair adjudication--the written opinion--for the sake of what it hopes will be greater administrative efficiency. The cost of eliminating written adjudication is too great, and the Board has given no indication that it has sufficiently canvassed less drastic alternatives.

The Board of Immigration Appeals (the "Board") is the primary appellate body for immigration law. The "staple" of its work is to decide appeals from decisions of Immigration Judges in removal proceedings, though it also hears appeals in several other categories, …

Stylistic Analysis Of Pictographs And Petroglyphs In Hells Canyon, Robyn L. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Remember Who You Are, Kendra Bayer

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sense Of Duration, Lucie Noel Thune

Theses and Dissertations

The following writings contain different segments about the concept of time. To best describe certain feelings and thoughts concerning my ideas and work I have used poetry and short stories in a prosaic manner. I also felt it necessary to include some historic facts about the history of time and its measuring devices.

Recent Publications: Puerto Rico, Christina D. Ponsa-Kraus

Faculty Scholarship

Ask yourself why you are reading a review of a book about a colony called Puerto Rico in a journal on international law. Isn't Puerto Rico a self-governing Commonwealth? Isn't it part of the United States? If you decide to buy the book, ask yourself where in the bookstore you should look for it. In the international relations section? The U.S. history section? A turn-of-the-century Supreme Court case analyzing the status of Puerto Rico (and other territories "acquired" by the United States in 1901) may provide some guidance: Puerto Rico is "foreign in a domestic sense."' Perhaps the bookstore has …

Use Of Force And Constitutionalism, Lori Fisler Damrosch

Faculty Scholarship

Are constitutional democracies more inclined than other kinds of regimes to observe the international law of the United Nations Charter on use of force? Are they relatively more vulnerable to unlawful behavior by others? How can constitutional democracies ensure fidelity to their underlying constitutional principles when they engage in multinational military operations for preservation or restoration of international peace? These and related questions at the intersection of the international and national legal orders merit careful attention as political structures around the world undergo post-Cold War transformation.

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …

Emerging Statutory And Constitutional Tools For States To Resist Federal Environmental Regulation, Michael B. Gerrard

Faculty Scholarship

This is a time of high tensions between the federal government and the states over environmental regulation. The flashpoints include actions by the U.S. Environmental Protection Agency (EPA) against states that enact laws shielding environmental audit reports from discovery; the withdrawal of several states from certain regulatory reform programs and delegated programs; and EPA accusations that some states are ignoring many violations of the pollution control laws, and loud denials by state representatives.

The Supremacy Clause of the U.S. Constitution and the complex of federal environmental statutes enacted in the 1970s and 1980s still give Washington the upper hand in …

Ownership Of Electronic Rights And The Private International Law Of Copyright, Jane C. Ginsburg

Faculty Scholarship

When, in response to a French decision upholding the rights of employee journalists to prevent the publisher's unauthorized licensing of electronic rights in the journalists' articles, French newspaper publishers yearn for "American-style copyright," they must imagine a work-made-for-hire nirvana in which publishers dispose of all rights in contributions to their periodicals, heedless of (and legally shielded from) authors' pesty claims for payment or control. To the extent that the work-made-for-hire doctrine applies, the publishing paradise conjured up by these French fantasies of law "reform" is very real indeed. Under U.S. copyright law, employee creators are not statutory "authors;" their employer …

Symposium On Electronic Rights In International Perspective: Introduction, Jane C. Ginsburg

Faculty Scholarship

Recent litigation in the U.S., Germany, the Netherlands, Belgium, and France has placed at issue the electronic publishing rights of employee and freelance journalists, contributors to print periodicals. In all five national controversies, the proprietors of the print publications, without securing the writers' express authorization, disseminated their articles in a variety of electronic media, including CD-ROM, third-party databases, and websites. Judicial resolution of the disputes required parsing the respective rights, under local copyright law (and in some cases, labor law as well), of the authors of the contributions to the periodicals, and of the copyright owners of the collective works …

Electronic Rights In Belgium And France: General Association Of Professional Journalists Of Belgium V. Central Station (Brussels Court Of First Instance, October 16, 1996; Brussels Court Of Appeals, October 28, 1997); Union Of French Journalists V. Sdv Plurimedia (Strasbourg Court Of Grand Instance, February 3, 1998) Symposium On Electronic Rights In International Perspective, Jane C. Ginsburg

Faculty Scholarship

Like many national presses in Europe, the Belgian press divides ideologically. Each daily newspaper represents the views of a political party, or expresses the perspective of a political or religious belief. Newspaper readers therefore tend to select the newspaper that most closely corresponds to their world-view. Ten publishers of Belgian dailies and weeklies formed a consortium, Central Station, to operate a website that would offer a crossection of all the participating periodicals' articles on a variety of subjects. The articles would appear in print in their separate newspapers in the morning, but would be available that evening on the Central …

The European Intergovernmental Conference: An American Perspective, George A. Bermann

Faculty Scholarship

Peter Herzog's career-long interest in the European Communities makes it especially appropriate to include in this festschrift a contribution on what has become the principal mechanism for reforming the treaties that constitute those Communities. I refer of course to the "intergovernmental conferences," or "IGCs" for short. As this festschrift goes to press, the fifteen Member States are submitting the results of the latest IGC – the 1997 Treaty of Amsterdam – to their respective national ratification processes.

As its name suggests, the intergovernmental conference is a gathering of representatives of the Member States to discuss and eventually agree upon amendments …

Reflections On The Papers Presented By Weiler, Goebel, And Meyers & Levie, George A. Bermann

Faculty Scholarship

The preceding papers amply demonstrate that an important step in the progressive integration of the European Union can be a compelling one without being an easy one. The transition to economic and monetary union (EMU) in Europe is precisely such a step. In this brief comment, I hope merely to show that, however powerful may be the case for economic and monetary union, passage to it is both generating institutional misgivings and entailing what could be institutional mistakes.

I begin with the case for economic and monetary union, which I consider to be a very strong one indeed. Not many …

Understanding The Choice Between Public And Private Equity Financing Of Early Stage Companies: A Comment On Barry And Turki, Ronald J. Gilson

Faculty Scholarship

This Comment considers the results of Barry and Turki's research data that indicates that investments perform differently depending on whether innovation is financed by private or public equity investment. The Comment posits two hypotheses for the differential performance. The first highlights ex ante differences between private and public subsamples, that is that the financing choice separates good prospects from bad. The second hypothesis focuses on ex post differences in performance that results from differences in governance structure and incentives created by the structure of public and private equity investment. The ex ante separation hypothesis and the ex post performance hypothesis …

Deutsche Telekom, German Corporate Governance, And The Transition Costs Of Capitalism, Jeffrey N. Gordon

Faculty Scholarship

In November 1996, Deutsche Telekom AG, the government-owned German telephone company, sold common stock representing approximately 25 percent of the company in a global stock offering that raised approximately DM 20 billion ($13 billion), the largest equity offering ever in Europe. In selling off this equity stake, the German government (i.e., the Federal Republic) had a number of motives. First, the sale was an important step in converting a government-run telephone monopoly into a nimble competitor in the emerging European and world telecommunications market. In anticipation of a fully competitive European telecommunications regime in 1998, Deutsche Telekom ("DT") had been …

Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm

Faculty Scholarship

This article seeks to move beyond the debate between informal and formal legal regulation. Both approaches reflect essential but limited components of a legal regulatory regime. Neither approach adequately responds to the simultaneous challenges of changing organizational structure, racial and gender dynamics, and market-driven demands for flexibility and adaptiveness. The next step requires that we take account of the critiques of formality and informality. This requires embracing the challenge of developing new forms of legal regulation that treat organizational decision makers and incentive structures explicitly as part of the legal regulatory regime. In this view, law consists of a set …

Few-Cycle Pulses In Two-Level Media, Lee W. Casperson

Electrical and Computer Engineering Faculty Publications and Presentations

Techniques for producing, measuring, and applying ever shorter electromagnetic pulses are being developed for incorporation in a variety of modern high-speed systems. In many cases these pulses are at most a few cycles in length, and so-called half-cycle electromagnetic pulses are also widely employed. The interaction of such pulses with two-level media is considered here in detail, and these media are basic to many of the absorbing and amplifying configurations of optics and laser studies. Significant delays and distortion of the resulting polarization and population pulses can occur, and nonlinear optical effects are also revealed. The limitations of the parity, …

Three Essays On European Union Advances Toward A Single Currency And Its Implications For Business And Investors, Charlotte Anne Bond

Theses and Dissertations in Business Administration

The first chapter examines the changes in various European currencies' exchange rates through the time period 1980 through 1997. Specifically, we are interested to determine if there is any affect to the volatility of these exchange rates and specific events related to the advancement of European Unification. In order to move to a single currency it is imperative that the separate currencies become less volatile to facilitate the move to a single currency. In this study, we examine whether this is the case and discuss which currencies appear to display this behavior. It is observed that of the 14 currencies …

Controlling Corporate Agency Costs: A United States-Israeli Comparative Law, Zohar Goshen

Faculty Scholarship

The "Corporation" assumes a central position in modem economic life. This is due mainly to the fact that major portions of our economic activities are performed by corporations. Numerous authors have pondered the essence of the corporate phenomenon, proposing various theories for the uniqueness of the corporation as opposed to other possible structures for operating a business. The main line of analysis focuses on the central characteristic of the modem corporation: the separation of ownership and control. Managing a business through the means of a corporation allows one to exploit the advantages of specialization. On one hand, shareholders benefit from …

Should The Religion Clauses Of The Constitution Be Amended?, Kent Greenawalt

Faculty Scholarship

Our subject, whether the religion clauses of the federal constitution should be amended, goes to the heart of relations between government and the practice of religion in our society. These relations deeply affect the health of both religion and government. When public officials persecute some religions and embrace others, the risks are political tyranny and rigid, unthinking, unfeeling, vapid religion. No one wishes that fate for us.

When most people ask whether the religion clauses should be amended, they are really asking whether judicial interpretations have become so misguided that Congress and state legislatures should intervene and invoke the cumbersome …

The Justiciability Of Paraguay's Claim Of Treaty Violation, Lori Fisler Damrosch

Faculty Scholarship

The U.S. Government's position asserting nonjusticiability of the treaty claims raised by Paraguay in the domestic and international lawsuits is disturbing. The Government's amicus filings at the court of appeals and the Supreme Court denied that Paraguay's claims belonged in federal court (or indeed in any court at all); at the International Court of Justice, the United States admitted a treaty violation but denied the competence of that tribunal to enter a judicial remedy. At one or another phase of these proceedings, the U.S. Government pressed a variety of arguments that (if accepted) would rule out virtually any judicial consideration …

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …

A Feminist Interpretation Of The Law Of Legitimacy, Mary Louise Fellows

Articles

I am actually going to continue Professor Ead's discussion on procreation and think about it in a slightly different way. As an inheritance law scholar, the definition of the parent-child relationship has obvious importance to me because it determines who is an heir. As a feminist scholar, the definition is also significant to me because the legal rules regarding the parent-child relationship provide a unique perspective on the dialectical link between property and family.

Magnetoresistance Of Magnetic Tunnel Junctions In The Presence Of A Nonmagnetic Layer, Shi C. Zhang, P. M. Levy

Materials Science and Engineering Faculty Research & Creative Works

We find that electron propagation across a uniform nonmagnetic metallic layer di in a magnetically layered structure is coherent up to a critical length dc. This provides a possible explanation for the slow decay of the magnetoresistance of magnetic tunnel junctions when a layer of Cu or Ag is inserted between the magnetic electrode and the barrier. However, for many (most) structures the roughness of the interfaces breaks the coherence for di ≪ dc. While the loss of coherence is not fatal for the magnetoresistance of metallic multilayers, it is for tunnel junctions. The quantum well states arising from the …

Analysis Of The Value Of The Fe Examination For The Assessment Of Student Learning In Engineering And Science Topics, John L. Watson

Materials Science and Engineering Faculty Research & Creative Works

This paper presents the results of a project, which investigated the potential of fully using previously unreleased data from the nationally normed Fundamentals of Engineering (FE) examination to assess learning in key engineering and science topics. In the past, very limited information was released by the National Council of Examiners for Engineers and Surveyors (NCEES) for the eight hour FE examination, which is composed of 150-200 questions in ten morning and five afternoon topics. For the purposes of this project the NCEES agreed to release information to the University of Missouri-Rolla (UMR) to permit the value of the FE data …

Evolution Of In Situ Refractories In The 20th Century, William E. Lee, Robert E. Moore

Materials Science and Engineering Faculty Research & Creative Works

A common theme over the past 100 years in refractories science and technology has been to generate a protective refractories layer in a high-temperature container, often by reaction of the refractory materials with the contents (glass, slag, or atmosphere). The history of refractories during the 20th century is used in this review to illustrate how techniques - such as slag splashing, in situ spinel generation in castables, magnesia dense layer formation in magnesia-carbon brick in steelmaking, clinker adhesion in cement kilns, and viscous boundary layer generation in glass tanks - have evolved to their present status.

Measurement Of Suspended Sediment Transport Processes Off The Holderness Coast - Southern North Sea, England, Joanna Catherine Blewett

School of Biological and Marine Sciences Theses

A field campaign was set up as part of the LOIS-RACS coastal program (1994-1996), to identify the near-bed physical processes responsible for suspended sediment movement in shallow water (10-20m depth) off the Holdemess coast, NE England. A new benthic tripod system Boundary Layer Intelligent Sensor System (BLISS) has been developed and deployed along a transect at three sites, normal to the coastline at Tunstall. Measurements of current velocity, suspended sediment concentration (SSC), pressure and CTD were recorded at 5 Hz for 17 minutes every hour, on the same data acquisition system. Results are presented for the summer, July 1995 and …

Expedient Method To Determine Active Zone Depth For Expansive Soils In The St. Louis, Missouri Area, Robert Allen Abbott

Masters Theses

"A laboratory testing program was developed to formulate a relationship which could be used to estimate the active zone depth at a given site with the index properties of the potentially expansive soils at the site. The testing program utilized standard consolidometers to incrementally add moisture to soil specimens to determine a swell versus soil suction index. Tests were performed on laboratory manufactured soil specimens of commercial clay to validate the testing methodology.

A QUATTRO PRO computer spreadsheet was developed to perform the calculations to determine the potential field surface heave for the soils tested provided they were at a …

Editor's Note, Charles P. Henderson

Denver Law Review

No abstract provided.