Digital Commons Network^™

Federal Regulation Of Tobacco Products And Products That Treat Tobacco Dependence: Are The Playing Fields Level?, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

Company A is thinking about launching a traditional tobacco product, perhaps a cigarette or a smokeless tobacco confection, with a new ingredient, ingredient level, or ingredient mix that in the past has never been sold. Company B contemplates putting on the market an innovative medication, medical device, or dietary supplement intended to help consumers to free themselves from physical dependence on tobacco products. Company C ponders the possibility of introducing a smoking product whose novelty derives from express or implied marketing claims that the product will decrease or perhaps even eliminate physical dependence on tobacco, or reduce other risks associated …

Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

The proposed Multilateral Agreement on Investment (MAl) represents a major step in the evolution of "sovereignty," which includes the power of a nation-state to govern without external controls. A panelist at the 1998 Cornell International Law journal Symposium introduced the MAl as an example of "multilateral sovereignty" to achieve commonly held goals of global economic integration. This perspective posits that the MAl is an exercise in sovereignty by subtraction, aiming to limit governing power rather than promote its joint exercise.

Its critics call the MAl a "slow motion coup d'etat," a "bill of rights for investors," a threat to sovereignty, …

The Stories We Must Tell: Ugandan Children And The Atrocities Of The Lord's Resistance Army, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is about stories--the stories that we are told and the stories that we, in turn, tell to others. It has become a truism that we have lost our faith in master narratives and that the "real" is composed of many competing narratives, all fragmentary, contradictory, overlapping. In this article, the author discusses the problems this view poses for those of us who see ourselves as advocates and activists rather than solely--or primarily--as scholars, but who nonetheless seek to combine social activism with intellectual rigor and honesty. In particular, she discusses the dilemmas this creates for the human rights …

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Part I of this Article describes the economic models now proffered as the basis for defining rights in digital works, and explores their striking resemblance to the system of social ordering described and advanced in the Supreme Court's Lochner-era decisions. The ghost of Lochner is not invoked lightly, nor with intent to belittle. Lochner represented a particular ideal of social ordering, premised on a seamless convergence of the private-law institutions of property and contract to provide a zone of legal insulation for market outcomes. In the physical world, that vision has long been compromised by evidence of market failures …

Copyright And The Jurisprudence Of Self-Help, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The proposed draft of Article 2B grants broad rights to enforce electronically contract provisions governing access to and use of digital works. Purveyors of digital works may engage in electronic self-help following breach of contract, and may also elect to foreclose unauthorized uses ex ante, via electronic “regulation of performance.” This Article examines these provisions in light of existing law authorizing self-help repossession of tangible chattels, leading academic justifications for self-help repossession, and federal copyright law and policy. It concludes that the provisions authorize an unprecedented degree of intrusion into private homes and offices, that they lack a sound theoretical …

[Review Of] Mark Perlmutter, Why Lawyers (And The Rest Of Us) Lie & Engage In Other Repugnant Behavior, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

This book speaks to the individual lawyer about his or her own practice. It is a self-confession by a leading trial lawyer of his own defalcations: of his own lies, of his own standing by as a more senior member of his law firm deliberately destroyed evidence, of his own giving a convincing argument to a court on a motion when all that he really wanted to do was delay. The stories are intriguing and captivating.

Rediscovering Fuller’S Legal Ethics, David Luban

Georgetown Law Faculty Publications and Other Works

Lon Fuller is the greatest American philosopher to devote serious attention to the ethics of lawyers. Indeed, he is arguably the greatest philosopher since Plato to do so. I don't suggest that Fuller was a philosopher of Plato's magnitude, but it is not preposterous to mention Plato and Fuller in the same breath. Their unique affinity was that both were thinkers whose broader philosophical concerns may plausibly be said to arise from reflections on the craft of law. In Plato's case, the effort to understand forensic argument, and to analyze why opinions about justice might be persuasive without being true, …

Hitler At Lidice| Language, Revenge, And Social Pathology In Warfare, Stephen Donald Carey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Throwing Velocity After Training With The Throwing Cord Versus A Throwing Protocol, Mark A. Shropshire

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Curriculum Guide To The Wetlands Of Teton Valley Idaho For Grades Five Through Eight, Lisa A. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Environmental Education In Hungary: Constraints And Limitations, Christine E. Lenches

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Changing Status Of Faculty Women In Public Universities In The Northern Rockies And Deep South 1900-1990, Jill Mccorkle Vahl

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

On-Line Team Project Communication Tool Set, Halvard E. Nystrom, D. R. Risco

Engineering Management and Systems Engineering Faculty Research & Creative Works

Team projects offer a valuable mechanism for effective learning. However, communication within the team, with the instructor and between different teams is a challenging task that can greatly limit the effectiveness of the learning experience. Some of the tools and concepts that are being developed for distance learning applications can be used to enhance team project communication within teams that are geographically separated as well as for in-campus teams. This article documents a set of on-line tools that allow for asynchronous team participation and timely monitoring and feedback by the instructor.

A Hybrid System For Well Test Analysis, Edward A. May, Cihan H. Dagli

Engineering Management and Systems Engineering Faculty Research & Creative Works

Petroleum well test analysis is a tool for estimating the average properties of the reservoir rock. It is a classic example of an inverse problem. Visual examination of the pressure response of the reservoir to an induced flow rate change at a well allows the experienced analyst to determine the most appropriate model from a library of generalized analytical solutions. Rock properties are determined by finding the model parameters that best fit the observed data. This paper describes a framework for hybrid network to assist the analyst in selecting the appropriate model and determining the solution. The hybrid network design …

Guns, Youth Violence, And Social Identity In Inner Cities, Jeffrey Fagan, Deanna L. Wilkinson

Faculty Scholarship

While youth violence has always been a critical part of delinquency, the modern epidemic is marked by high rates of gun violence. Adolescents in cities possess and carry guns on a large scale, guns are often at the scene of youth violence, and guns often are used. Guns play a central role in initiating, sustaining, and elevating the epidemic of youth violence. The demand for guns among youth was fueled by an "ecology of danger," comprising street gangs, expanding drug markets with high intrinsic levels of violence, high rates of adult violence and fatalities, and cultural styles of gun possession …

Synergy And Friction--The Cra, Bhcs, The Sba, And Community Development Lending, Cassandra Jones Havard

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Taxation, Kathryn L. Moore

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Ronald L. Green

Kentucky Law Journal

No abstract provided.

Kentucky Legal Research On The Internet, Kurt X. Metzmeier

Kentucky Law Journal

No abstract provided.

Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne

Kentucky Law Journal

No abstract provided.

The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Dwyer

Kentucky Law Journal

No abstract provided.

A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser

Kentucky Law Journal

No abstract provided.

Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser

Kentucky Law Journal

No abstract provided.

Bringing Consistency To The Financial Arrangements At Divorce, Allen M. Parkman

Kentucky Law Journal

No abstract provided.

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille

Kentucky Law Journal

No abstract provided.

The Long Road Towards Restoration Of Religious Freedom: Congressional Options In Light Of City Of Boerne V. Flores, J. Jeffrey Patterson

Kentucky Law Journal

No abstract provided.

The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim

Kentucky Law Journal

No abstract provided.

Anasazi Jurisprudence, John W. Ragsdale Jr.

American Indian Law Review

No abstract provided.