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Europe's Evolving Regulatory Strategy For Gmos --- The Issue Of Consistncy With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis

Fordham International Law Journal

This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ("GMOs") be judged by a World Trade Organization ("WTO") adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular perception, if WTO …

The Julietta Gold Mining Project: Lessons For Project Finance In The Emerging Markets, Ian R. Coles

Fordham International Law Journal

This essay discusses the Julietta gold mining project and the categories of risk that investors and lenders look at when assessing the suitability of a project. The financing of projects on a limited recourse basis in the emerging markets is a subject that has received much attention over the course of the last several years. This has been particularly the case with respect to mining projects where declining commodity prices worldwide have led to the need for mining companies to access minerals in countries where the costs of extraction are lower than in the developed markets. The recent decline in …

International Project Finance And Arbitration With Public Sector Entities: When Is Arbitrability A Fiction?, Mark Kantor

Fordham International Law Journal

This article reviews the events surrounding two prominent arbitration decisions related to two Indonesia geothermal power projects sponsored by CalEnergy Company, Inc. ("CalEnergy"), known as the Patuha and Himpurna projects, and a Pakistani power project developed by the Hub Power Company, Ltd. ("HubCo"). The aggressive involvement of local courts in the CalEnergy and HubCo proceedings does not reassure investors relying on the perceived neutrality of international arbitral institutions to mitigate the risk of uncertain justice in unstable countries. The author asks: Are problems between State entities in troubled developing countries and international project sponsors simply not arbitrable as a practical …

Privatizing Water Systems: A Primer, Robert Vitale

Fordham International Law Journal

This Essay will discuss the reasons behind the trend of privatizing water systems, explain the basic concepts involved in privatizing water systems, and assess the benefits and challenges of privatization. The private sector has long played an active role in helping governments design, finance, construct, operate, and maintain potable and waste water systems. The 1990s, however, were witness to a dramatic rise in the use of the private sector to supplant--and not merely supplement--the public sector in the water area.

Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers

Fordham International Law Journal

There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …

Welcoming Remarks--April 6, 2000, Michael A. Cooper

Fordham International Law Journal

The speaker welcomes the attendees, who come from fourteen different countries, and outlines five common characteristics that unite those present. First, there is a significant number of people in our societies who live below the poverty line and who routinely have their legal needs overlooked. Second, the attendees recognize that basic human needs are protected by legal rights, and legal assistance and access to justice are necessary to vindicate those rights. Third, the resources currently available to help the poor address their legal needs are woefully inadequate in almost all of the countries represented. Fourth, those meeting today share a …

Computerised Evaluation Of Cognitive And Motor Function, B. Kisačanin, G. C. Agarwal, J. Taber, D. (Daniel) Hier

Chemistry Faculty Research & Creative Works

In This Paper, We Present a Clinical Study of Computerized Tracking in the Evaluation of Cognitive and Motor Function. We Investigate its Use in the Assessment of Effectiveness of Antiepileptic Drugs (AEDs) as Well as in the Process of Following the Progress of Alzheimer's Disease (AD). to Simplify the Experiments, We Introduce Real-Time Adaptation of the Target Speed. in the Study with Epileptic Patients, Three Result Groups Are Compared: Blood Levels of AEDs, Scores on Standard Neuropsychological Tests, and Scores on Computerized Tracking and Reaction Time Tests. It is Found that the Computerized Tests Are Repeatable, Reliable and Sensitive and …

The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

In this Article, we present the findings of our study on the improvement of public health law in Alaska. We examine and analyze the public health laws supporting the state's public health system. The fact that Alaska has attained statehood comparatively recently, and has a governing structure involving state, municipal, rural, and tribal entities presents unique opportunities for the State to improve its public health system and its supporting legal infrastructure

Crossing The River Of Blood Between Us: Lynching, Violence, Beauty, And The Paradox Of Feminist History, Emma Coleman Jordan

Georgetown Law Faculty Publications and Other Works

Understandably, early feminist legal theory and history focused almost exclusively on establishing white women's autonomy against white male dominance. The vehicles of nineteenth century women's liberation included elements of public equality such as ownership of property, the right to vote, access to male dominated occupations, equal education and employment opportunity. Twentieth century feminists extended the equality project by penetrating the "private" sphere and attacking the very notion of a separate zone of family relations which was immune from government intervention to protect women from male abuse. Cultural feminists like Carol Gilligan took another approach, arguing that women's experiences as sexual …

Escaping The Expression-Equality Conundrum: Toward Anti-Orthodoxy And Inclusion, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this article, Professor Hunter questions the naturalness and inevitability of the dichotomy in constitutional law between freedom of expression and the right to equality. She places the origin of this doctrinal divergence in the history of American social protest movements in the first half of the twentieth century, which began with ideologically-based claims and shifted to a primary emphasis on identity-based equality claims. During the interim period between World War I and World War I, the wave of seminal First Amendment cases was ebbing and the wave of equality claims was beginning to swell. Close examination of the constitutional …

Evidence Issues In Domestic Violence Civil Cases, Jane H. Aiken, Jane C. Murphy

Georgetown Law Faculty Publications and Other Works

This article is intended to assist practitioners in anticipating and responding to some of the evidentiary challenges in civil cases in which relief is sought for the victims of domestic violence. First, expert testimony is often necessary to dispel common myths about battered women and to educate judges and juries about the dynamics of domestic violence. Recent case law, however, has limited the admissibility of "non-scientific" expert testimony and may make it difficult for practitioners to use experts in their cases. In addition, particular evidentiary issues arise when victims are pursuing both criminal and civil remedies against the batterer. This …

Large Machine-Part Family Formation Utilizing A Parallel Art1 Neural Network, David Lee Enke, Kanchitpol Ratanapan, Cihan H. Dagli

Engineering Management and Systems Engineering Faculty Research & Creative Works

The binary adaptive resonance (ART1) neural network algorithm has been successfully implemented in the past for the classifying and grouping of similar vectors from a machine-part matrix. A modified ART1 paradigm which reorders the input vectors, along with a modified procedure for storing a group's representation vectors, has proven successful in both speed and functionality in comparison to former technique. This paradigm has been adapted and implemented on a neurocomputer utilizing 256 processors which allows the computer to take advantage of the inherent parallelism of the ART1 algorithm. The parallel implementation results in tremendous improvements in the speed of the …

Relationship Between Body Image Dissatisfaction And Fear Of Fatness To Severity Of Smoking Behavior In A Non-Clinical Adolescent Population, Louis J. Bevilacqua, Jr.

PCOM Psychology Dissertations

Smoking is the most preventable cause of death in the U.S., yet it continues to kill more people than AIDS, automobile crashes, alcohol and drug abuse, murders, suicides, and fires---combined! In addition to a higher risk of dying prematurely, those who smoke are much more likely to experience numerous health problems. Other associated problems include dependency and tolerance to nicotine. Frequently, those who smoke are also more likely to use other substances such as marijuana, cocaine, heroine, and especially alcohol. These findings are frightening considering that it is estimated that 4.5 million are adolescents. The reasons why adolescents smoke range …

Case Study Of A Cognitive Behavioral Intervention For The Problem Of Marital Division Of Labor, Lily Woo Bollinger

PCOM Psychology Dissertations

This clinical dissertation concerns an evaluation of a Cognitive-Behavioral Marital Therapy intervention designed to help resolve the issue of division of household labor and thereby increase marital satisfaction. There were six ninety-minute group marital sessions. There were 3 couples in the group. The sessions contained interventions to increase communication skills, problem-solving skills and raise empathy for the spouse who did more chores. The case study couple's score indicated that the husband had a higher level of marital satisfaction. The wife's final score indicated a small increase in marital satisfaction. Both had an increased score in being more self-centered.

Restoring O'Brien Creek, David Hamilton Glaser

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

On Being White In America: An Exploration Of Identity In The Ethnic Majority, Beverly T. Orth

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

There's Going To Be Hell To Pay? An Evaluation Of Tourism In Whitefish Montana, Diana L. Di Stefano

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cartographic Design And Desktop Mapping: A Historic Perspective, Thomas A. Marcotte

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Report Card On The Impeachment: Judging The Institutions That Judged President Clinton, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Now that we have lived through one of the most unusual events in American history-the impeachment and trial of the President of the United States-it is appropriate, indeed essential, that we assess how the process worked and learn what we can from it. Specifically, I want to address two questions: First, how well did the impeachment process work? In good academic fashion, I will grade each of the governmental institutions involved – giving them, if you will, a report card. Second, what did we learn from the experience to guide us if, in the future, we face the impeachment of …

Regulatory Takings And "Judicial Supremacy", J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The thesis of this Article is that the Court of Federal Claims and the Court of Appeals for the Federal Circuit have become exposed to this classic critique of constitutional decision-making through the recent expansions of the regulatory takings doctrine. Though the chief agent for this expansion has been the Supreme Court, these lower courts have made their own prominent contributions to broadening regulatory takings, and they are far more vulnerable to political reprisals. Like the Due Process Clause in the gilded age, the Takings Clause today can easily be and has been seen as an avenue for inappropriate judicial …

Prudence, Benevolence, And Negligence: Virtue Ethics And Tort Law, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Tort law assesses negligence according to the conduct of a reasonable person of ordinary prudence who acts with due care for the safety of others. This standard assigns three traits to the person whose conduct sets the bar for measuring negligence: reasonableness, ordinary prudence, and due care for the safety of others. Yet contemporary tort scholars have almost exclusively examined only one of these attributes, reasonableness, and have wholly neglected to carefully examine the other elements key to the negligence standard: prudence and due care for the safety of others. It is mistaken to reduce negligence to reasonableness or to …

Preemption & Human Rights: Local Options After Crosby V. Nftc, Robert Stumberg

Georgetown Law Faculty Publications and Other Works

In June 2000, the Supreme Court held in Crosby v. National Foreign Trade Council (NFTC) that federal sanctions against Burma preempted the Massachusetts Burma law. With its "Burma Law," Massachusetts sought to replicate the anti-Apartheid boycott, one of the most successful human rights campaigns in history. Massachusetts' Burma law authorized state agencies to exercise a strong purchasing preference in favor of companies that do not conduct business in Burma unless the preference would impair essential purchases or result in inadequate competition.

In Crosby, the Court held that Congress preempted the Massachusetts Burma law when it adopted federal sanctions on …

A Right To Confrontation Or Insinuation? The Supreme Court's Holding In Portuondo V. Agard, J. Fielding Douthat Jr.

University of Richmond Law Review

Imagine that you are charged with a crime that you did not commit. Forced to attend your own trial, you choose to testify on your own behalf. The prosecutor conducts his best spin to discredit you, but his attempts are largely unsuccessful. Not only is your story consistent with that of other witnesses, but it is a plausible accounting of the disputed facts. The reason: your story is the truth. Nevertheless, in summation, the prosecutor attacks your credibility. His argument, however, addresses no inconsistencies, no physical evidence, and no concrete reason to cast doubt on your story. Instead, he argues …

Students Under Siege? Constitutional Considerations For Public Schools Concerned With School Safety, Jennifer L. Barnes

University of Richmond Law Review

Imagine the following scenario: The principal at River City High School receives a telephone call from an anonymous informant, notifying her that he had observed a knife in "Jimmy's" backpack, and indicated that he might also have access to a gun. The principal recalls that Jimmy is the student who has dyed his hair blue and who wanders the halls wearing a black trench coat and a T-shirt that reads "School Sucks," in violation of the school district's dress code. She checks Jimmy's file and discovers that he has been absent on numerous occasions during the school year and has …

Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday

University of Richmond Law Review

During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …

The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

To write of feminist reform in the criminal law is to write of simultaneous success and failure. We have seen marked changes in the doctrines and the practice of rape law, domestic violence law, and the law of self-defense. There is not a criminal law casebook in America today, nor a state statute book, that does not tell this story. Yet for all of this success, we also live in a world in which reform seems to suffer routine failures. Many believe, for example, that feminist reforms have rid rape law of the resistance requirement; however, recent scholarship makes it …

The Value Of Dissent, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay reviews Dissent, Injustice, and the Meanings of America by Steven H. Shiffrin (1999).

Theorizing about the freedom of speech has been a central enterprise of contemporary legal scholarship. The important contributions to the debate are simply far too numerous to categorize. One ambition of this theorizing is the production of a comprehensive theory of the freedom of expression, a set of consistent normative principles that would explain and justify First Amendment doctrine. Despite an outpouring of scholarly effort, the consensus is that free speech theory has failed to realize this imperial ambition. Rather than searching for the global …

Damage Control? A Comment On Professor Neuman’S Reading Of Reno V. Aadc, David Cole

Georgetown Law Faculty Publications and Other Works

This comment responds to an article by Professor Gerald Neuman on the Supreme Court's recent decision in Reno v. American-Arab Anti-Discrimination Committee (AADC). The Court in AADC rejected a selective prosecution claim by immigrants targeted for deportation based on First Amendment-protected activities, finding that Congress had stripped the federal courts of jurisdiction over such claims, and that in any event the Constitution does not recognize a selective prosecution objection to a deportation proceeding. Professor Neuman argues that the decision should not be read as implying that aliens have less First Amendment protection than citizens, and that the decision can …

On Causation, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

In this Essay, Professor Matsuda argues that the narrow dyadic focus of tort law perpetuates very real, and remediable, social harms. Using tort causation doctrine as her starting point, Professor Matsuda demonstrates how the tort system sacrifices human bodies to maintain the smooth flow of the economic system. Time after time, tragedies occur: school systems fail, first graders shoot each other, women live in constant fear of rape. Yet each tragedy is met with the same systematic response: those without resources, those least able to correct the harm, are considered the legal cause of the harm. The economic and corporate …

The Rights Of Statistical People, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In this Comment, I argue that the use of cost-benefit analysis to evaluate life-saving regulatory programs has, in a society that eschews reliance on cost-benefit analysis in other life-saving situations, been justified by the creation of a new kind of entity-the statistical person. A primary feature of the statistical person, as I will explain, is that she is unidentified; she is no one's sister, or daughter, or mother. Indeed, in one conception, the statistical person is not a person at all, but rather only a collection of risks. By distinguishing statistical lives from the lives of those we know, economic …