Digital Commons Network^™

The Contractor's View, Martin Heubel

Fordham International Law Journal

I would like to summarize five key areas of risk the government donor of the concession, financial institutions, or other types of project sponsors are exposed to and the contractors involved, which means the groups who are designing, delivering, and putting into operation those plants and installations for periods generally expected to be twenty, thirty, or thirty-five years. These five risk categories are: first, that the project has to be completed in time, within budget, and has to be kept in operation; second, that the project must generate the cash flow required for the debt service and the return on …

Technological Aspects Of Deregulation, Rainer Liebich

Fordham International Law Journal

Telecommunications deregulation and privatization was a good step to create new demands for a new infrastructure and new services. This increasing demand stimulated the whole industry and, as a result, generated the creation of many new companies. Competition drove prices down, which made consumers happier and the companies more competitive in the international market place. Accordingly, universal services are now offered countrywide and there are no major concerns regarding the licensing process. Thus, international coordination and the usage of the telecommunications infrastructure might make new legislative initiatives necessary, but there is no way back to regulated markets.

Deregulation Of Air Transport Agreements, Robert Wolfger

Fordham International Law Journal

This essay briefly discusses the reality that I have experienced in air transport for some time. In this field, the world is still ruled by bilateral air transport agreements. Such bilateral agreements are even in force in Europe. This essay asks several questions. First, what does successful deregulation in Europe really mean? Would deregulation be successful if many low-cost carriers flew throughout Europe and carried mostly point-to-point traffic from point A to B? I personally think that very few routes are suitable for this point-to-point traffic.

From World Trade Law To World Competition Law, Freidl Weiss

Fordham International Law Journal

The WTO has become the chosen forum for various trade-related additional policies and provisions such as Trade Related Environmental Measures (‘TREMS‘), TRIMS, TRIPS, and possibly in the future, competition and investment rules. The TRIPS, as is well known, owes its existence to trade-offs with DCs, which have still not been fully implemented. Future additional policies, if controversial, would need to be justified separately on economic grounds, or risk failure. Detailed multilateral competition rules will undoubtedly be adopted one day. I believe, however, that the time is not yet ripe for a comprehensive agreement, except perhaps on the most abstract of …

Biological Fixed-Film Systems, Mark W. Fitch, Jeffrey B. Murphy, Stephen S. Sowell

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

The Microbiological Degradation of Wastewater and its Application using a Fixed-Film Reactor is Reviewed. the Technical and Technological Characteristics, as Well as the Efficiency of Nitrification and Denitrification Processes Were Taken into Consideration. the Review Elucidated the Experimental Measurements of Effective Diffusive Permeabilities and Effective Diffusion Coefficients of Biofilms.

The Richness Of Contract Theory, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Determination Of The Lep Centre-Of-Mass Energy From Zγ Events, R. Barate, Manoj Thulasidas

Research Collection School Of Computing and Information Systems

A study of events with photons and missing energy has been performed with the data sample obtained with the ALEPH detector at centre-of-mass energies from 161 to 184 GeV, corresponding to a total integrated luminosity of about 80 pb−1. The measured distributions are in agreement with Standard Model predictions, leading to constraints on WWγ gauge coupling parameters ∆κγ and λγ. The results from the fit to the cross sections and to the energy and angular distributions of the photons are: ∆κγ = 0.05+1.15 −1.10(stat)±0.25(syst) λγ = −0.05+1.55 −1.45(stat)±0.30(syst).

Monitoring The Stability Of The Aleph Vertex Detector, G. Sguazzoni, Manoj Thulasidas

Research Collection School Of Computing and Information Systems

The ALEPH Silicon Vertex Detector features an optical fibre laser system to monitor its mechanical stability. The operating principle and the general performance of the laser system are described. The experience obtained during 1997 and 1998 operations confirms the important role that such a system can have with respect to the detector alignment requirements. In particular, the laser system has been used to monitor short-term temperature-related effects and long-term movements. These results and a description of the laser-based alignment correction applied to the 1998 data are presented.

Comparative Analysis Of The Mechanisms Involved In Parent-Infant Interaction Between Deaf And Hearing Dyads, Tonya M. Gallagher

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cyborg Environmentalism And The Privileged Leftist, Jake Giessman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Integrated Manufacturing System For Precision Press Tooling, S. Chaturvedi, Venkat Allada

Engineering Management and Systems Engineering Faculty Research & Creative Works

The press tooling industry, characterized by many small-scale job-shops, is facing an increasingly competitive global market. This comes at a time when there is a shortage of experienced process planners and unavailability of affordable CAD/CAM systems that could provide an integrated solution for manufacturing sheet metal tooling. Many commercially available CAD/CAM systems are either too expensive or too narrow in scope, in the sense that they provide only point solutions. The design of press tools and its manufacturing functions are highly specialized and knowledge-intensive in nature. This paper presents a framework and the implementation details of an integrated system that …

The Effect Of Community Characteristics On Support Of Dare An Investigation Of Montana Communities And Their Dare Programs, Lonnie M. Schaible

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …

Representing Indigents In Serious Criminal Cases In England's Crown Court: The Advocates' Performance And Incentives, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

While indigent defendants charged with serious criminal offenses can be represented by lawyers in the United States and by barristers and solicitors in England and Wales. Gauging the quality of that help is an important but elusive inquiry. This article has two purposes: to map how the indigent criminal defendant charged with very serious offenses is represented in England's Crown Court, and to examine whether economic incentives can induce the defendant's representatives to perform as expected.

While barristers profess to be skilled advocates, and while many lawyers have likewise extolled the barrister's advocacy, testing the point is extremely difficult. Apart …

Taking Fiction Seriously: The Strange Results Of Public Officials' Individual Liability Under Bivens, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

This article argues that the Supreme Court's decision to place liability on federal officials in their personal capacity--what Professors Fallon and Meltzer call Bivens's "genius"--is in fact its Achilles' heel. Individual liability under Bivens has become fictional because it is the government, and not the individual personally, that is in fact liable in Bivens cases. The individual liability fiction has ended up helping the federal government more than the Bivens plaintiff in various ways, and has contributed to the low rate of recovery under Bivens.

It may seem odd to attribute the low rate of Bivens recoveries to the individual …

Dignity And Discrimination: Toward A Pluralistic Understanding Of Workplace Harassment, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Part I of this article briefly examines some of the drawbacks and inconsistencies of Title VII sexual harassment jurisprudence and shows that Title VII does not provide an adequate framework for understanding many common forms of workplace harassment. Title VII is unquestionably a critical means of fighting against workplace discrimination; however, by emphasizing discrimination at the expense of dignity, the Title VII workplace harassment paradigm provides an incomplete understanding of the wrongs of workplace harassment.

Part II of this article asserts the importance of an approach to sexual harassment that distinguishes between the nature of the harm of workplace sexual …

An Originalism For Nonoriginalists, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The received wisdom among law professors is that originalism is dead, having been defeated in intellectual combat sometime in the eighties. According to this story, Edwin Meese and Robert Bork proposed that the Constitution be interpreted according to the original intentions of its framers. Their view was trounced by many academic critics, perhaps most notably by Paul Brest in his widely-cited 1980 Boston University Law Review article, The Misconceived Quest for Original Understanding, and by H. Jefferson Powell in his 1985 Harvard Law Review article, The Original Understanding of Original Intent. Taken together, these and other articles represent …

The Richness Of Contract Theory, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This essay is a review of The Richness of Contract Law: An Analysis and Critique of Conemporary Theories of Contract Law by Robert A. Hillman (1997).

Throughout the book, Hillman offers a number of useful insights about various issues of contract law and theory--as he has in his numerous law review articles--but in this review the author is concerned with his overall theme: a general skepticism about "unifying" or "highly abstract" contract theories that fail to mirror the richness of contract law. In this regard, Hillman stands in the "realist" tradition of the previous generation of contracts scholars. Hillman attempts …

Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

What role should the state play in the fight against domestic violence? Although most activists in the early domestic abuse movement viewed government institutions with a robust dose of suspicion, over time they began to look to the state for substantial assistance. During this period-the late sixties and seventies-increased hope for a positive governmental role appeared to be well-founded. The civil rights, feminist, and labor movements had pushed the federal government into expanding civil liberty guarantees and economic protections. Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, …

Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Despite over two decades of reform, fundamental failures persist in the justice system's response to domestic violence. Society now widely accepts elimination of intrafamily abuse as a crucial goal, and it has been illegal in most states since the late nineteenth century. But the problem remains one of epidemic proportions. As documented in Part I of this Article, battering by husbands, ex-husbands, or lovers is the single largest cause of injury to women in the United States, and accounts for approximately thirty percent of all murders of women. Physical aggression occurs in at least one out of four marriages, and …

Beyond The Model Rules: The Place Of Examples In Legal Ethics, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

The Model Rules of Professional Conduct defined the agenda for the post- Watergate renaissance in legal ethics. While there had been some form of codified precepts for American lawyers since at least 1908, Watergate inspired a desire to clean up a disgraced profession. The American Bar Association (ABA) promulgated the Model Rules; law schools instituted mandatory courses; and scholars debated and analyzed the new Model Rules. The organized bar devoted much time and attention to developing these guidelines. The mainstream media covered both the bar's original efforts and the subsequent adoption of the Model Rules by particular jurisdictions. Today, forty-three …

Faculty Pro Bono And The Question Of Identity, David Luban

Georgetown Law Faculty Publications and Other Works

My aim in this essay is to explain and defend a simple proposition, which I'll call the pro bono thesis: law teachers and law schools have the same pro bono responsibilities as lawyers and law firms. By "pro bono" I mean something more particular than community service or civic involvement. I mean free or reduced-rate legal work for those who cannot afford to pay for it. The pro bono thesis is that law teachers and law schools have pro bono responsibilities in this sense.

Contrived Ignorance, David Luban

Georgetown Law Faculty Publications and Other Works

Lawyers often complain that it's hard to get clients to tell them the unvarnished truth. But it can be an equal challenge to avoid facts that the lawyer really doesn't want to know. Criminal defense lawyers rarely ask their clients, "Did you do it?" Instead, they ask the client what evidence he thinks the police or prosecution have against him-whom he spoke with, who the witnesses are, what documents or physical evidence he knows about. If the client seems too eager to spill his guts, the lawyer will quickly cut him off, admonishing him that time is short and that …

Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Marc Galanter's essay, Why the "Haves" Come out Ahead: Speculations on the Limits of Legal Change (Why the "Haves" Come out Ahead), published twenty-five years ago, set an important agenda for those who care about the distributive effects of legal processes, including those of us who have been engaged in jurisprudential, intellectual, and empirical debates about the relative advantages and disadvantages of alternative and conventional legal procedures. As a document of legal intellectual history, this Article was formed in the crucible of the Legal Mobilization and Modernization program at Yale Law School that spawned so many "law and . …

Albert Camus, Frantz Fanon, And French Algeria| The Colonial Experience And The Philosophy Of Revolt, Alexander C. Karklins

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cataloging Environmental Impact Statements And Related Documents, Mary K. Bolin

University of Nebraska-Lincoln Libraries: Faculty Publications

Environmental Impact Statements (EISs) have been published by federal agencies such as the National Marine Fisheries Service, the U.S. Forest Service, the U.S. Geological Survey, and the Environmental Protection Agency, since the 1970s. These government documents can be an important source of environmental information. Some EISs are depository items, but most are not. Only a small number of each EIS is printed, and they are not always easy to identify and acquire. Their important content and fugitive nature makes it essential to catalog them to make their existence widely known. This article uses the timber sale EISs published by the …

Relating Riparian Habitat Variables To Incidence Of Whirling Disease, Jack Mcwilliams

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Pisatin Demethylation By Fungal Pathogens And Nonpathogens Of Pea: Association With Pisatin Tolerance And Virulence, Leslie M. Delserone, K. Mccluskey, D. E. Matthews, H. D. Vanetten

University of Nebraska-Lincoln Libraries: Faculty Publications

Previous studies have indicated that detoxification of their hosts’ phytoalexins is a tolerance mechanism for some true fungi, but not the fungus-like Oomycota, and may be involved in determining the virulence of a pathogen. In the present study, the associations between demethylation of the pea phytoalexin pisatin, tolerance to pisatin, and viru­lence on pea were examined for 50 fungal isolates which represent 17 species of pathogens and nonpathogens of pea. All isolates of Pythium coloratum and P. irregulare failed to metabolize and were sensitive to pisatin, consistent with previous observations that members of the Oomycota generally lack the ability …

Short-Term Generation Asset Valuation, Chung-Li Tseng, G. Barz

Engineering Management and Systems Engineering Faculty Research & Creative Works

We present a method for valuing a power plant over a short term period using Monte Carlo simulation. The power plant valuation problem is formulated as a multi stage stochastic problem. We assume there are hourly markets for both electricity and the fuel used by the generator, and their prices follow some Ito processes. At each hour, the power plant operator must decide to run or not to run the unit so as to maximize expected profit. A certain lead time for commitment decision is necessary to start up a unit. The commitment decision, once made, is subject to physical …

Convergence And Competition: The Case Of Bank Regulation In Britain And The United States, Heidi Mandanis Schooner, Michael Taylor

Scholarly Articles

Our article considers whether the existence of a global banking market has resulted in the convergence of bank supervisory policy among different nationally-based regulatory regimes. In particular, we consider whether regulatory authorities in the United States and Great Britain, as providers of regulatory services, compete on the basis of the "net regulatory benefit" (NRB) that they provide to their respective regulatees, i.e., banks. After a detailed examination of the history of bank regulation in the US and UK, we observe that there is no clear trend towards convergence by competition. We find that, while regulatory competition may play an important …