Digital Commons Network^™

Localism, Self-Interest, And The Tyranny Of The Favored Quarter: Addressing The Barriers To New Regionalism, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This article argues that our nation's ideological commitment to decentralized local governance has helped to create the phenomenon of the favored quarter. Localism, or the ideological commitment to local governance, has helped to produce fragmented metropolitan regions stratified by race and income. This fragmentation produces a collective action problem or regional prisoner's dilemma that is well-known in the local governance literature.

The Public And Private Lives Of Presidents, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Focusing on a frequent theme in the executive privilege arguments advanced by the Clinton Administration, Neal Kumar Katyal explores the distinction drawn between the public and private lives of the President, particularly in the Paula Jones and Monica Lewinsky cases. He argues that the Administration's difficulties in asserting executive privilege claims following these cases demonstrate that the public/private distinction is not entirely valid He asserts that, unlike members of Congress who have time when they are not in session, the President is unique in that he is in office twenty-four hours a day. He argues that this special constitutional status …

Deconstructing Section 11: Public Offering Liability In A Continuous Disclosure Environment, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This article is an effort to rethink civil liability in capital-raising transactions by large capitalization issuers. After a brief digression about who should set liability standards, the article then addresses two related questions. The first deals with a natural question: Should not the primary regulatory effort for large issuers be to assure continuous disclosure in the secondary marketplace, given the far larger volume of such trading in that market compared to that in primary transactions? Second, if we have developed a satisfactory regime of disclosure responsibilities for this setting, what more, if anything, in terms of liability protection, is needed …

Cross-Border Insider Trading, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

Currently, there is no formal SEC policy on when U.S. insider trading rules (or indeed Rule l0b-5 generally) will be applied extraterritorially. If one can glean anything from SEC action during the last twenty years, it is that the trading site - the use of U.S. market mechanisms - that counts most. Certainly, neither the trader nor the issuer need be U.S.-based. What I wish to do in this paper is articulate what I think is sensible enforcement policy for a nation - whether the U.S. or any other - to adopt. By this, I do not want to focus …

Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Foreword I will explore why we use stories and case studies (and whether stories and case studies are equal to the task) to examine ethical and moral issues in the practice of law and provide an introduction to the interesting tales which will enfold in this Symposium issue. I conclude with some thoughts about how stories and cases should be used to teach legal ethics.

The First Principles Approach To Antitrust, Kodak, And Antitrust At The Millenium, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

In this essay, I reflect on an important contribution to the development of antitrust reasoning and law that arises out of the Supreme Court's decision in Eastman Kodak Co. v. Technical Services, Inc. In particular, I discuss the decision's relationship to what I have termed the "first principles" approach to market power and antitrust. In my view, one reason that Kodak is important is that it does not take a wooden approach in its economic reasoning. Instead, the opinion nimbly applies the basic principles of competitive analysis to a difficult dynamic context. This enables the majority to avoid rigid adherence …

Competitive Effects Of Partial Ownership: Financial Interest And Corporate Control, Steven C. Salop, Daniel P. O'Brien

Georgetown Law Faculty Publications and Other Works

In this article, we set up an economic framework for analyzing the competitive effects of partial ownership interests. We have three main goals. First, we conceptually derive and explain the competitive effects of partial ownership, explaining its key elements and drawing analogies to the key ideas behind the analysis of horizontal mergers. Second, we present a general framework for evaluating the competitive effects of partial ownership that is analogous to, but at the same time recognizes key differences in the standard analysis for evaluating horizontal mergers. Third, we examine several methods of quantifying these competitive effects.

Writing Off Race, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The constitutionality of affirmative action has now become one of the central topics in the politics of race. Ironically, the United States Constitution says absolutely nothing about affirmative action. The text never mentions the term, and the equal protection language in the Fourteenth Amendment simply begs the question of whether equality requires or precludes the use of affirmative action. The intent of the Framers is similarly unhelpful. We know that the drafters of the Fifth Amendment owned slaves, and the drafters of the Fourteenth Amendment envisioned a racially stratified society. But the Fourteenth Amendment was itself an affirmative action measure, …

Globalization And Federalism In A Post-Printz World, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Article uses the recent Supreme Court decision in Crosby v. National Foreign Trade Council as the vehicle for examining the way in which the U.S. constitutional law of federalism might be responding to globalization. Part II develops the argument that globalization as such has no strong implications for domestic constitutional law. The remainder of the Article examines the U.S. constitutional response to the aspect of globalization revealed in Crosby, and argues that the Court's decision in Crosby is in tension with its other federalism decisions. But, the Article argues, that tension arises not from the fact that Crosby arises …

Twins At Birth: Civil Rights And The Role Of The Solicitor General, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is painful even today to contemplate the awful devastation wreaked upon this nation by the War Between the States. But like most cataclysms, the Civil War also gave birth to some important positive developments. I would like to talk with you today about two such offspring of that war, and the extent to which, like many sibling pairs, they have influenced each other's development. The first child - the most well-known progeny of the Civil War - was this country's commitment to civil rights. The war, of course, ended slavery. But it did not - and could not - …

Death Is No Parenthesis| Stories, Traver Kauffman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Evolutionary Change As A Theme For A High School Biology Course: A Literature Review And Thematic Unit, Arlan L. Langmaid

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Minute By Minute Heart Rate Monitoring To Estimate Energy Expenditure During Cycling And Running, Justin A. Carlstrom

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Simple Ensemble-Averaging Model Based On Generalized Regression Neural Network In Financial Forecasting Problems, Cihan H. Dagli, Parinya Disorntetiwat

Engineering Management and Systems Engineering Faculty Research & Creative Works

Introduces an ensemble-averaging model based on a GRNN (generalized regression neural network) for financial forecasting. The model trains all input individually using GRNNs and uses a simple ensemble-averaging committee machine to improve the accuracy performance. In a financial problem, there are many different factors that can effect the asset price movement at different times. An experiment is implemented in two different data sets, S&P 500 index and currency exchange rate. The predictive abilities of the model are evaluated on the basis of root mean squared error, standard deviation and percent direction correctness. The study shows a promising result of the …

Analysis Of Intangible Factors In Waste Minimization Projects, Halvard E. Nystrom, William Ralph Kehr

Engineering Management and Systems Engineering Faculty Research & Creative Works

Continual population growth and rising standards of living that accelerate the consumption of limited resources, are forcing society to encourage conservation of these resources. These resources not only include raw material, but also the areas to dispose of the wastes. As a result, communities are driving industries towards waste minimization by limiting waste generation and landfill availability. Firms'' environmentally friendly strategies can gain competitive advantage by leading in environmental practices. This advantage emanates from the reduction of risk of environmental regulatory overreaction, as well as improved asset utilization and landfill utilization. However, these intangible benefits are difficult to identify and …

Strategy Planning For Technological Discontinuities In A Changing Regulatory Environment, William Ralph Kehr, Halvard E. Nystrom

Engineering Management and Systems Engineering Faculty Research & Creative Works

This paper describes an approach to the analysis of publicly available financial data for individual industries. These methods enable the analyst to assess past practices and the historical rate of technological diffusion during the transition period of discontinuous technological change. This assessment can provide a basis of comparison for current changes in their industry. These methods are applied to small rural telephone companies during the period of 1960 to 1996. Annual data is presented detailing the change from aerial distribution cable to buried cable by the roughly 600 rural telephone companies financed through loans from the Rural Utilities Services, a …

The Alden Trilogy: Praise And Protest, Roger C. Hartley

Scholarly Articles

In this Article, I discuss the Alden Trilogy's interpretive process and its redistribution of political power, but do not linger on either. This Article is written in praise of the Trilogy, but praise coupled with protest. I make three essential points. First, the Trilogy deserves praise as a pragmatic masterpiece. Through it the Court shrewdly avoided a constitutional quagmire that easily could have created a federalism crisis.

Second, I argue that the Alden Trilogy is an exemplar of misdirection. Here I render reluctant praise, like that given to an opposing baseball team's dramatic double-play. Though one dislikes the outcome, one …

Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger

Scholarly Articles

In recent years alternative dispute resolution (ADR) has moved from the margins of legal practice into the mainstream. It is no longer the exception for attorneys to employ or clients to request ADR services in almost every aspect of legal representation. This shift to the legal mainstream raises the question whether attorneys, as part of their general obligation to keep clients informed of their legal alternatives, should be required to advise their clients regarding ADR options. This paper will consider this question. In doing so, it will consider, at least inferentially, the character and purpose of ethics "rules."

International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger

Scholarly Articles

One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …

Individual Differences In Cognitive Performance Relating To Non-Pathological Sleep Parameters In The Presence Of A Stressor, Theresa Marie Lagman

UNF Graduate Theses and Dissertations

Non-pathological sleep parameters in relation to cognition among individuals who do not qualify as having sleep disorders or who are not subjected to extended periods of total sleep deprivation have not been adequately investigated in previous studies. The current study investigates the influence of circadian typology (morning-type vs. evening-type individuals), time of session (AM vs. PM), habitual sleep practices (sleep hygiene), sleep quality, life stress, and the presence of an acute stressor on sustained attention, memory, and mental rotation performance. Several main effects emerged for individual variables above; however, the data failed to reveal significant interactions among these variables. The …

Cross-Cultural Interpretations Of Fraud: An Attitudinal Study In A Middle Eastern Multinational Corporation, Douglas Moore Watson

Harold L. Hodgkinson Award for Outstanding Dissertation

This research tested the theory that cultural heritage affects attitudes toward business-related fraud and, as a consequence, influences ethical decisions. A sample of 695 white-collar employees from a Middle Eastern multinational corporation (MNC), who represented nine world cultures, were asked to evaluate scenarios describing five business frauds--bribery, conflict of interest, embezzlement, management fraud, and industrial espionage--against a 7-point Likert-type scale that measured levels of approval. Analysis of variance (ANOVA) of the responses revealed those claiming African, Caribbean/South American, European, Middle Eastern, and North American cultural heritage viewed fraudulent behavior with a greater degree of disapproval than did those claiming Asian, …

Front Matter

Language Arts Journal of Michigan

No abstract provided.

I Sing Of The Essay, Stephen Tchudi

Language Arts Journal of Michigan

No abstract provided.

My Personal Battle With Finding A Model To Fit The Reflective Autobiography, Amy Solinski

Language Arts Journal of Michigan

No abstract provided.

Black Lung, Marianne Peel Forman

Language Arts Journal of Michigan

No abstract provided.

What Is A Word Worth?, Kim Barnes

Language Arts Journal of Michigan

No abstract provided.

Seeing Language: Using Non-Fiction To Teach Students About Language, Millie Jackson

Language Arts Journal of Michigan

No abstract provided.

The "Sample Scenario": A Technique For Teaching Creative Nonfiction, Simone Poirier-Bures

Language Arts Journal of Michigan

No abstract provided.

Pick A Prop, Spin A Story, And Presto: Persuasive Writing Comes Alive!, Maggie Miles

Language Arts Journal of Michigan

No abstract provided.

Back Matter

Language Arts Journal of Michigan

No abstract provided.