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Montana Eden| Land Use And Change In The Bitterroot Valley, Pre-History To 1930, Edward Duke Richey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Vertical Separation Of Powers, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

Standard understandings of the separation of powers begin with the concept of function. The author argues that function alone cannot predict important changes in structural incentives and thus serves as a poor proxy for assessing real risks to governmental structure. To illustrate this point, the article returns to proposals considered at the Constitutional Convention and considers difficult contemporary cases such as Morrison v. Olson, Clinton v. Jones, and the Supreme Court's more recent federalism decisions. In each instance, function appears to steer us wrong because it fails to understand separation of powers questions as ones of structural incentive …

Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein

All Faculty Scholarship

Most scholars and practitioners of admiralty law have long relied upon two central assumptions regarding their subject. First, they have understood that uniformity was a requisite of maritime law such that, generally speaking, national, rather than state, law governed most maritime events and transactions. Second, they have believed that in order to preserve the uniformity of maritime law, federal admiralty courts are empowered to fashion federal common law.[1] The commitment to these related propositions has been attested to or illustrated by a collection of Supreme Court decisions.[2] For instance, in Southern Pacific Co. v. Jensen,[3] the case that stands as …

Affirmative Action And Discrimination, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The contemporary debate about race in the United States is perplexing. Each side seems genuinely to feel distressed at the demands being made by the other. Racial minorities point to Dred Scott's insistence on racial castes, Plessy's endorsement of official segregation, and Brown's reluctance to remedy unlawful discrimination as evidence that the white majority is inevitably inclined to advance its own interests at minority expense. Minority group members, therefore, tend to argue that the only way to arrest this majoritarian inclination is through the use of race-conscious remedial programs that will ensure an equitable distribution of resources. Most members of …

Antitrust And The Health Care Industry: The View From The Three Branches, Thomas L. Greaney

All Faculty Scholarship

This article provides a critical appraisal of the summer's three major health care antitrust events. The California Dental Association case, the Justice Department's challenge to the Aetna-Prudential merger, and the proposed Quality Health Care Coalition Act of 1999 are likely to have a significant influence on the trajectory of antitrust enforcement in the coming years. The author argues that the reasoning of these precedents suffers from an over reaction to the managed care bogeyman and a lack of attention to sound antitrust jurisprudence. In a postscript, it finds similar shortcomings with the Eighth Circuit's recent decision in FTC & State …

Sub-Lethal Effects Of Hypoxia/Hypercapnia On Callinectes Sapidus In The York River Estuary, Virginia, Sandra R. Hypes

Theses and Dissertations

This research examined effects of hypoxic environments on blue crabs, Callinectes sapidus in an estuarine environment. Hypoxic conditions were treated as a multiple stressor involving low dissolved oxygen (D.O.), increased carbon dioxide (hypercapnia), and low pH concurrently. The objectives were to: 1) identify hypoxiahypercapnia by monitoring D.O. and pH as an indicator of hypercapnia in shallow regions of the York River, 2) measure blue crab abundance, and 3) describe blue crab responses to hypoxiahypercapnia via field work at Taskinas Creek and lab measurements of respiration. Ambient D.O. and pH were positively correlated in the Taskinas Creek and York River sites …

African-American Baptist Churches In Hanover County, Virginia, 1865-1900, Melinda Dawn Gales

Theses and Dissertations

The purpose of this thesis is to examine rural African-American vernacular Baptist churches built in the years following the Civil War. The case study is centered in Hanover County, Virginia, because of the county's strategic location inrelation to the capital of the Confederacy in Richmond. Due to the overwhelming number of slaves, Anglo-Americans attempted to suppress African identity by forcing slaves to attend Anglo-American churches. A number of African-American congregations were secretly organized during the time of slavery. Until the fall of Richmond in spring 1865, African-Americans were not allowed to assemble publicly without Anglo-American supervision. In the years following …

Structuring Time And Task In Electronic Brainstorming, Alan R. Dennis, Jay E. Aronson, William G. Heninger, Edward D. Walker Ii

Faculty Publications

There are many ways in which a GSS can beused to support group brainstorming. This paper reports the results of an experiment that manipulated task structure and time structure. Groups electronically brainstormed on intact tasks(where all parts of the task were presented simultaneously) or on partitioned tasks (where three subcategories of the task were presented to thegroups). The time periods in which groups worked were either one 30-minute time period or three 10-minute periods separated by two-minute breaks. Groups in the partitioned task treatment generated 40% more ideas, but there were no time effects. These differences are attributed to the …

The Supreme Court, Sexual Citizenship And The Idea Of Progress, Kendall Thomas

Faculty Scholarship

Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answer to this question in the pages of a recent decision by the United States Supreme Court. I do feel obliged to say this, not because I am committed to a court-centered adjudicative conception of American constitutionalism; to the contrary. But rather, because the decision on which I want to focus seems to me to offer a rich resource for critical reflection on the idea of self-government whose connections to Progressive Constitutionalism give us our topic this afternoon.

Constitutional Constraints On Redistribution Through Class Power, Mark Barenberg

Faculty Scholarship

My comments will not be so much a critique as an elaboration of the two papers, especially Professor Neuman's paper on United States (U.S.) law, since I am not an expert on German constitutional law. For those less familiar with U.S. law, my goal is to bring to light some additional elements of the U.S. constitutional tradition that impede the use of law to achieve economic equality-elements of U.S. constitutional law that reinforce the weak "general equality" principle of the Equal Protection Clause.2 I will use U.S. labor law as my vehicle for showing the variety of constitutional principles that …

Teaching Reasoning, Vincent A. Blasi

Faculty Scholarship

Reasoning skills of a certain sort are taught well in the traditional law school curriculum. No matter how good her previous education, the typical law student surely acquires an improved facility at testing propositions by considering hypothetical applications. Many students learn a lot about linguistic indeterminacy, unintended consequences, the allocation of decision-making responsibility, and how much turns on which questions are asked and how they are framed. It is a rare, indeed obtuse, person who completes a legal education still temperamentally inclined to refute unwelcome ideas when distinguishing them will do.

Where legal education falls short, I think, is with …

Introduction To The Special Issue, George A. Bermann

Faculty Scholarship

The subject of this year's topical issue of the Columbia Journal of European Law promises to be topical for some time to come. Every model of European integration that has been competing for consideration-whether within the Union institutions or within the corridors of national power, or virtually anywhere for that matter presupposes a European identity of sorts. But just at the time that a "European" identity might hope to be developing in the midst of the "national" identities with which it was commonly contrasted, the identity "landscape" has itself been growing more complex. Forces of globalization, and more particularly the …

Copyright And Intermediate Users' Rights, Jane C. Ginsburg

Faculty Scholarship

The impending "Digital Millennium" has amplified the assertion of users' rights in U.S. copyright law. Copyright has been reimagined as a "law of users' rights" whose acolytes caution copyright owners not to stand as piggish impediments to the progress of learning and culture in the Digital Age. Proponents advance a variety of arguments in support of a user rights construct of copyright law, from the historical to the philosophical to the pragmatic. I propose to address some of these. But first it is important to specify what I mean by "users' rights" in U.S. copyright law today.

User rights in …

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Faculty Scholarship

Let me start with two items of received wisdom: 1) Copyright is territorially-based; 2) Cyberspace is not. But copyrighted works circulate in cyberspace. What does that mean for their protection? I have not labeled this essay "The Cyberian Captivity of Copyright," just because the title is alliterative and fittingly portentious for an inaugural lecture. Rather, like the "Babylonian Captivity" of the papacy in Avignon that the title recalls, it suggests a displacement of an international institution. This need not mean, however, that the displacement is a Bad Thing - after all, the French probably have a more favorable view of …

Copyright Legislation For The "Digital Millennium", Jane C. Ginsburg

Faculty Scholarship

In October 1998, Congress passed two major copyright bills, the "Digital Millennium Copyright Act" [DMCA], and the "Sonny Bono Copyright Term Extension Act." Moreover, the Senate ratified U.S. accession to the WIPO Copyright and Performances and Phonograms Treaties. The DMCA implements the obligations set forth in articles 11 and 12 of the WIPO Copyright Treaty [WCT] (and articles 18 and 19 of the WIPO Performances and Phonograms Treaty [WPPTI) to protect technological measures against circumvention, and to protect "copyright management information" against removal or alteration that facilitates infringement. The DMCA also includes a chapter on the liability of online service …

Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt

Faculty Scholarship

In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.

The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …

Pathways To Corporate Convergence? Two Steps On The Road To Shareholder Capitalism In Germany, Jeffrey N. Gordon

Faculty Scholarship

One of the most interesting current debates in corporate law is whether worldwide corporate governance will ultimately converge on a single model in light of the increasing globalization of capital markets, and if so, whether it will be an Anglo-American model whose features are shaped by the shareholder primacy norm. Convergence skeptics have focused on the embeddedness of governance systems in national political structures that tend to protect both entrenched insider interests and non-shareholder constituencies against the incursions of Anglo-American governance agendas. Convergence optimists have focused on the evolutionary pressures of competitive international capital markets and on the tendency of …

Required Disclosure And Corporate Governance, Merritt B. Fox

Faculty Scholarship

One of the most distinctive features of U.S. business law is the stringent requirements of ongoing disclosure imposed on issuers of publicly traded securities. This scheme usually has been justified as necessary to protect investors from making poor trading decisions as a result of being uninformed. Little scholarly attention, however, has been paid to the corporate governance effects of such required disclosure. In analyzing these effects, this article concludes that required disclosure can improve corporate governance in important ways. Indeed, improving corporate governance, not investor protection, provides the most persuasive justification for imposing on issuers the obligation to provide ongoing …

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.

Legal Aid And Public Interest Law In China, Benjamin L. Liebman

Faculty Scholarship

This article describes the evolution of legal aid and public interest law in China and examines its implications for the legal profession and the law in the context of four intertwined developments: first, China's efforts to establish a nationwide system of government-run legal aid centers; second, China's attempt to expand the availability and improve the quality of legal representation for indigent criminal defendants; third, China's bid to force the legal profession to serve poor clients via mandatory pro bono requirements for lawyers; fourth, the development of non-governmental legal aid centers and the expanding incentives for profit-oriented lawyers to take on …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas

Faculty Scholarship

This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …

Utb/Tsc This Week 1999-01, University Of Texas At Brownsville And Texas Southmost College. Office Of News And Information

UTB/TSC Archives - This Week Newsletter

No abstract provided.

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Head Movement And Vision In Underwater-Feeding Birds Of Stream, Lake, And Seashore, Lee W. Casperson

Electrical and Computer Engineering Faculty Publications and Presentations

Studies head movement and vision in underwater-feeding birds. Review of relevant literature on the physiological and behavioral aspects of vision; Role of vertical head movement as an aid in the acquisition of visual information.

Ocean Surface Maps From Blending Disparate Data Through Normal Mode Analysis, William John Schulz Jr.

OES Theses and Dissertations

Rapid environmental assessment is conducted using disparate data sources in the northwestern Gulf of Mexico. An overview of significant physical features in the Gulf highlights the complexities of the large and meso-scale circulations. Spectral analysis of high resolution current meter and drifter data reveals the significant forcing features detectable by readily available observing techniques. These observations are combined with boundary data extracted from the U.S. Navy's Modular Ocean Data Assimilation System (MODAS) through Normal Mode Analysis (NMA). The NMA blending process is described, and surface maps of velocity and convergence are produced. Using statistical and qualitative techniques, the NMA generated …

Construction Of An Escherichia Coli Lac Repressor-Based System To Study Human Cytomegalovirus Gene Expression, Laura Fernanda Cageao-Luchetti

Theses and Dissertations in Biomedical Sciences

An Escherichia coli lac repressor-based system was developed to study the roles of human cytomegalovirus (HCMV) genes during viral replication. To this end, a recombinant HCMV expressing the lac repressor was generated (RVlac), and an HCMV-specific promoter was targeted for conditional expression by inserting the lac operator sequence. The promoter of a nonessential gene was chosen in order to be able to assess parameters of repression and derepression of the operator-containing promoter in the endogenous locus, without having virus growth dependent on the specific inducer isopropylthiogalactoside (IPTG). The feasibility of this approach to conditionally express an HCMV promoter …

Comparative Student Perception And Interactional Event Analysis In An Urban Computer-Based Distance Education Environment, Michael Shawn Ireland

Theses and Dissertations in Urban Services - Urban Education

This two-part study used quasi-experimental research methodologies to analyze and assess students' perceptions of the level of their personal interaction, overall interaction, observed interaction, attitude, satisfaction and direct participation in synchronous computer-based interactive remote instruction (IRI) and two-way audio/one-way video (TELETECHNET) intra-urban distance learning environments. For the first part of this study 101 subjects were measured during a semester of instruction in three 4-week interval observations. Intact groups assigned to two different treatment environments, computer-based upper division and graduate level computer science distance learning courses, and two-way audio/one-way video upper division computer science distance learning courses were observed at an …

Efficient Dynamic Unstructured Methods And Applications For Transonic Flows And Hypersonic Stage Separation, Xiaobing Luo

Mechanical & Aerospace Engineering Theses & Dissertations

Relative-moving boundary problems have a wide variety of applications. They appear in staging during a launch process, store separation from a military aircraft, rotor-stator interaction in turbomachinery, and dynamic aeroelasticity.

The dynamic unstructured technology (DUT) is potentially a strong approach to simulate unsteady flows around relative-moving bodies, by solving time-dependent governing equations. The dual-time stepping scheme is implemented to improve its efficiency while not compromising the accuracy of solutions. The validation of the implicit scheme is performed on a pitching NACA0012 airfoil and a rectangular wing with low reduced frequencies in transonic flows. All the matured accelerating techniques, including the …

Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin

Faculty Publications

This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …