Digital Commons Network^™

Second Amendment Symposium: Commentary, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Commentary on the Second Amendment given as part of the “Symposium on the Second Amendment.”

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 …

Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina court's talismatic …

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 …

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 …

Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A few gay rights theorists have long pointed out that discrimination on the basis of sexual orientation can be conceived of as discrimination based on sex. But those of us who play primarily in the legislative or litigation arenas have largely ignored the practical applications of that insight. In this brief essay, I want to consider whether it makes sense for gay rights legislative advocates and litigators to continue to downplay the gender non-conformity aspects of gay sexual orientation . . . the first part of this essay reviews activities that occurred between 1993 and 2001 regarding coverage of gender …

Adrift On The Sea Of Indeterminacy, Michael H. Gottesman

Georgetown Law Faculty Publications and Other Works

Today's conflicts scholars no doubt consider themselves a diverse bunch, with widely differing views about how law should be chosen in multistate disputes. But from the trenches, most of them look alike. Each waxes eloquent about the search for the perfect solution-the most intellectually and morally satisfying choice of law for each dispute-and each ends the theorizing by embracing some proposition that will prove wholly indeterminate in practice.

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, …

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …

Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer

Faculty Publications

No abstract provided.

Population Status And Distribution Of The Harbor Seal In Rhode Island Waters, Cheryl L. Schroeder

Open Access Master's Theses

The population of harbor seals has increased in Maine and Massachusetts since bounty hunting was discontinued in the 1960s and the advent of the Marine Mammal Protection Act in 1972. Little is known about the migrant population of harbor seals in southern New England. Until recently, only one long-duration census survey and occasional counts have recorded the number of harbor seals in Rhode Island waters. Since 1993, regular surveys of the locations where harbor seals come ashore or haul out semi-diurnally have provided the first estimates of local harbor seal abundance and distribution.

The western Atlantic harbor seal, Phoca vitulina …

Dan Cooper, American Designer (1901-1965), Diane Joyce Montenegro

Open Access Master's Theses

Dan Cooper (1901-1965) merits greater attention than he has received for his contributions to twentieth-century American interior design. During his forty-one-year career, he was a keen observer of changes in American society and was in the vanguard of interior designers offering attractive and usable products.

From 1924 to 1965, Cooper decorated the interiors of large private residences, hotels, public spaces, government housing projects, and corporate headquarters as well as several modes of transport. He helped validate his chosen profession by setting standards and advocating solid business practices. He offered furniture, fabrics, and accessories for almost every pocket book.

With an …

The Impact Of Decision Making On Tourism And The Environment In St. Kitts, William Rodney Gerdsen

Open Access Master's Theses

The wider Caribbean region is at a critical juncture in its development as a tourism dependent regional economy. After more than twenty years of outstanding growth in tourist arrivals and foreign currency earning, the prospects for continued growth depends on maintaining the pristine environment on which tourism has come to rely. However, with more tourists comes increased pressure on the finite natural resources. It is ironic that the tourism industry has become one of the biggest causes of environmental decay and stands to be one of its first victims.

In planning to develop an island economy based on tourism, it …

The Colors And Shadows Of My Word(S), Lydia A. Saravia

Open Access Master's Theses

If I find my voice, I will find my identity. Voice gives identity meaning. The acquisition of language (voice) means an acquisition of subjectivity (identity). A search for an identity is a search for voice. But formation of identity is difficult when multiple layers of subjectivity are to be considered: the layer of dual culture, in this case Guatemala and the United States, the layer of an urban environment, the layer of a working-class status, the layer of being female, which are all major players in the development of voice. To make sense of, and find a voice for, a …

An Analysis Of The Rhetoric Of Wilme Mankiller, Lynda D. Peters

Open Access Master's Theses

This thesis examines the rhetoric of Wilma Mankiller, first woman elected Principal Chief of the Cherokee Nation. Although some research has addressed Native American oratory, this study is the first to this writer’s knowledge, that critically evaluates the public discourse of Mankiller. This analysis reveals a distinct relationship in the characteristics of the rhetoric of Wilma Mankiller that are inherent in the unique cultural heritage of Native American oratory.

A study of Native American oratory in general, a study of Cherokee oratory, and a study of the rhetoric of Wilma Mankiller were conducted. This analysis employed the neo-Aristotelian approach in …

Bismuth(Iii) Oxide Perchlorate Promoted Rearrangement Of Epoxides To Aldehydes And Ketones, Ram Mohan, Andrew Anderson, Jesse Blazek, Parie Garg, Brian Payne

Scholarship

Aryl-substituted epoxides and aliphatic epoxides with a tertiary epoxide carbon undergo smooth rearrangement in the presence of 10–50 mol% bismuth(III) oxide perchlorate, BiOClO₄•xH₂O, to give carbonyl compounds. The rearrangement is regioselective with aryl substituted epoxides and a single carbonyl compound arising from cleavage of benzylic C―O bond is formed. BiOClO_4•xH₂O is relatively non-toxic, insensitive to air and inexpensive, making this catalyst an attractive alternative to more corrosive and toxic Lewis acids such as BF₃•Et₂O or InCl₃ currently used to effect epoxide rearrangements.

Isolation Of Curcumin From Tumeric, Ram Mohan, Andrew Anderson, Matthew Mitchell

Scholarship

No abstract provided.

The Discovery-Oriented Approach To Organic Chemistry. 3. Boron-Trifluoride Catalyzed Rearrangement Of Cis- And Trans-Stilbene Oxides. An Exercise In 1H Nmr Spectroscopy For Sophomore Organic Laboratories, Ram Mohan, Erik Sgariglia, Regina Schopp, Kostas Gavardinas

Scholarship

Epoxides, or oxiranes, are among the most versatile intermediates in organic synthesis. Yet very few examples of laboratory experiments involving reactions of epoxides are to be found in lab texts. We have developed a discovery-oriented laboratory experiment that involves the rearrangement of both cis- and trans-stilbene oxides with boron trifluoride etherate. The identity of the product can be easily determined by ¹H NMR spectroscopy and, in case of the trans isomer, by preparation of the semicarbazone derivative as well. In spite of the simplicity of the experiment, the element of discovery ensures that student interest and enthusiasm are retained.

Orthoparadoxy: The Temptation (From The Modern Testament), Michael Theune

Scholarship

No abstract provided.

Theune Reviews "Smokes" By Susan Wheeler, Michael Theune

Scholarship

No abstract provided.

How Many More Of Them Are You? By Lisa Lubasch, Michael Theune

Scholarship

Review originally published in Verse, Volume 16, Numbers 3/Volume 17, Number 1, 2000, pages 134-135.

Vita Nova By Louise Gluck, Michael Theune

Scholarship

Review originally published in Verse, Volume 16, Numbers 3/Volume 17, Number 1, 2000, pages 207-210.

Bulletin Of Yale University School Of Nursing 2000-2001, Yale School Of Nursing

Yale School of Nursing Bulletins and Catalogues

Series 96, Number 14

September 1, 2000

Insurance Issues Related To Lateral Hire Musical Chairs, Susan Saab Fortney

Hofstra Law Faculty Scholarship

This article addresses the various insurance issues relating to lawyer mobility. Part I of this article introduces the topic by noting the heightened rate of lawyers making lateral moves and how insurance coverage has responded to an increasingly mobile legal labor force. Part II provides a brief historical perspective on insurer reaction to lateral hire claims. Part III analyzes specific policy provisions related to lateral hires for both the prior firm and the new firm. Part IV discusses how a firm and a lateral lawyer should study and address risks before consummating the move. Part V examines the problems related …

Soul For Sale: An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements, Susan Saab Fortney

Hofstra Law Faculty Scholarship

Although billable hour pressure has taken a toll on partners as well as associates, associates appear to be the most disenchanted casualties of the billable hour derby. In discussing attorney dissatisfaction, some authors have relied on the results of studies of law students and attorneys, noting that there is a limited amount of empirical data on the state of the profession. In an attempt to help fill the gap, I conducted an empirical study to gauge the effects of billable hour pressure and practices on the current crop of associates.

The information obtained in my study provides guidance in both …

The Evolving Judicial Role In Child Custody Disputes: From Fault Finder To Conflict Manager To Differential Case Management, Andrew Schepard

Hofstra Law Faculty Scholarship

The judiciary's role in divorce related child custody disputes has been transformed in the latter half of the twentieth century in response to the changing characteristics of American families, changing perceptions of the needs of children, and an overwhelming case load increase. The transformation occurred in two distinct phases, and a third is currently in process.

In Phase I, from the late 1960s (the beginning of widespread "no fault" divorce) to 1980, the child custody court was a fault finder functioning through adversary procedure. The court's job was to identify a single custodial parent and assign that parent primary legal …

Analysis Of A Traffic Diversion Strategy Using Corism Traffic Micro-Simulation Software, Daniel Ryan Abedon

Open Access Master's Theses

Throughout the United States metropolitan area freeways are operating at or near capacity. Any disturbance in the traffic flow on these freeways, planned or unplanned, can result in varying degrees of congestion. Incident management programs have been established in urban areas nationwide to help reduce the magnitude of incident induced congestion. These programs focus mainly on the incident identification and response stage, and have only recently begun to develop the tools and techniques needed to manage the recovery stage. One technique that has been becoming more widely employed, with the increased focus incident management and overall traffic systems management, is …

Illinois State: For Alumni Of Illinois State University, Winter 2000-2001, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

Scene-Based Nonuniformity Correction With Video Sequences And Registration, Russell C. Hardie, Majeed M. Hayat, Earnest Armstrong, Brian Yasuda

Electrical and Computer Engineering Faculty Research and Publications

We describe a new, to our knowledge, scene-based nonuniformity correction algorithm for array detectors. The algorithm relies on the ability to register a sequence of observed frames in the presence of the fixed-pattern noise caused by pixel-to-pixel nonuniformity. In low-to-moderate levels of nonuniformity, sufficiently accurate registration may be possible with standard scene-based registration techniques. If the registration is accurate, and motion exists between the frames, then groups of independent detectors can be identified that observe the same irradiance (or true scene value). These detector outputs are averaged to generate estimates of the true scene values. With these scene estimates, and …

Direct Public Offerings On The Internet: A Viable Means Of Obtaining Capital?, Jack A. Rosenbloom

Computer Law Review and Technology Journal

The high cost of capital has stymied many businesses in their attempts to survive and prosper. But the emergence of the Internet and the explosive growth of e-commerce have created new opportunities for some businesses to explore different sources of additional capital. Many small-to-medium-sized companies have not yet fully appreciated the potential of this rapidly growing global network.

In 1998, 33% of American households were online - a percentage that by 2003, should increase to 51%.] More important, the Securities and Exchange Commission (SEC) estimated that, at the end of 1999, as many as ten million investors had bypassed brokers …