Digital Commons Network^™

Revisiting The Mccarthy Era: Looking At Wilkinson V. United States In Light Of Wilkinson V. Federal Bureau Of Investigation, Frank Wilkinson

Loyola of Los Angeles Law Review

No abstract provided.

Speech—Creating Freedom: Birmingham, 1963, A Legal Sermon In Celebration Of Martin Luther King Jr.'S Birthday, January 15, 1999, Samuel H. Pillsbury

Loyola of Los Angeles Law Review

No abstract provided.

Faculty Senate Minutes-2000

Faculty Senate Minutes

No abstract provided.

Cpa's Guide To Accounting, Auditing, And Tax For Construction Contractors, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

Biotechnology's Challenge To The Law Of Torts, Julie A. Davies, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.

“Court Performed” Mediation In The People’S Republic Of China: A Proposed Model To Improve Mediation Programs In The United States Federal District Courts, Michael T. Colatrella

McGeorge School of Law Scholarly Articles

No abstract provided.

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Water, Water Everywhere, But Too Few Drops To Drink: The Coming Fresh Water Crisis And International Environmental Law, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

State V. Hanson: Has The Exigent Circumstances Exception To The Warrant Requirement Swallowed The Rule, Emily J. Sovell

South Dakota Law Review

No abstract provided.

Linking The Visions, Donald J. Herzog

Other Publications

Professor Donald Herzog talks about his teaching and work.

Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider

Other Publications

Over a century and a half ago, Alexis de Tocqueville famously said, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." Physician-assisted suicide superbly illustrates Tocqueville's acute observation. For a number of years, assisted suicide was the prototype of a (nonpartisan) political question. Interest groups brought it to public attention. Public discussion of it flourished. Legislatures debated it. Citizens in several states decided in referenda whether to make it legal. Almost suddenly, however, this classic political process was transformed into a judicial one by the startling and strongly stated …

Alden V. Maine’ And The Jurisprudence Of Structure, Ernest A. Young

Faculty Scholarship

No abstract provided.

Exploring The Criteria Used By Managers To Measure The Effectiveness Of Customer Loyalty Programs, Peter D. Simms

Theses: Doctorates and Masters

Since the 1970s there has been a paradigm shift away from mass marketing towards the establishment and maintenance of individual relationships known as relationship marketing. Customer loyalty programs can be seen as the tactical strategies that have resulted from this change in focus, as they attempt to retain existing customers by developing a long-term, mutually satisfying relationship. The first of these such strategies was introduced in 1981, and they are still a relatively new and unexplored phenomenon. The limited research on these strategies conducted thus far has shown the many purported advantages to be doubtful at best, yet their number …

Effect Of Calcium, Magnesium, Sodium And Potassium Levels In Seminal Plasma Of Holstein Bulls On Spermatological Characters, Seyfetti̇n Gür, Eşref Demi̇rci̇

Turkish Journal of Veterinary & Animal Sciences

This study was conducted to investigate the levels calcium, magnesium, sodium and potassium in the seminal plasma of bulls, semen volume, sperm motility, sperm concentration and the correlation between these parametres. Five Holstein bulls constituted the material of this study. Twenty ejaculates were collected from each bull and the spermatological characteristics of these ejaculates were determined. Then, seminal plasma was separated from 3ml semen from each ejaculate by centrifugation at 1500g for 20 min at 4 °C. Calcium, magnesium, sodium and potassium concentrations in seminal plasma were determined by atomic absorption spectrophotometry. The average values for calcium, magnesium, sodium and …

Federal Environmental Law In The 'New Federalism' Era, Robert L. Glicksman, Stephen Mcallister

GW Law Faculty Publications & Other Works

As we wrote last year, the U.S. Supreme Court has shown considerable interest during the past decade in reconsidering many constitutional doctrines regarding federalism and congressional power. In a series of important decisions, always decided with the same five justices in the majority, the Court has begun to redefine the federal-state relationship and the scope of federal authority. The past term generally continued that trend, with one important commerce power decision, one significant Eleventh Amendment/Fourteenth Amendment decision, and a number of decisions that involve or affect federalism and the scope of federal power, although the Court sometimes relied on statutory …

Karl Llewellyn's Fading Imprint On The Jurisprudence Of The Uniform Commercial Code, Gregory E. Maggs

GW Law Faculty Publications & Other Works

When Karl Llewellyn directed the creation of the Uniform Commercial Code (U.C.C.), he naturally wanted to implement his jurisprudential ideas. He succeeded in giving the U.C.C. at least five important features inspired by Legal Realism. In particular, as a result of his influence, the U.C.C.: (1) favored open-ended standards over firm rules; (2) avoided formalities; (3) required and facilitated the "purposive interpretation" of its provisions; (4) did not attempt to provide an exclusive statement of the law, but instead directed courts to supplement its rules with general legal and equitable principles; and (5) provided a range of remedies that principally …

Cautious Skepticism About The Benefit Of Adding More Formalities To The Manual For Courts-Martial Rule-Making Process: A Response To Captain Kevin J. Barry, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In Modernizing the Manual for Courts-Martial Rule-Making Process: A Work in Progress, 165 Mil. L. Rev. 237 (2000), Captain Kevin J. Barry, U.S. Coast Guard (Retired), advances seven specific proposals for improving the methods by which the procedural and evidentiary rules for courts-martial are made. This article addresses Captain Barry-s proposals. On the whole, none of the proposals is radical or dangerous. Indeed, each is closely analogous to procedures in the federal civilian criminal justice system. In addition, no insurmountable legal obstacles would prevent their adoption. Yet, closer inspection suggests that, in light of all the progress that already has …

En Banc Revisited, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

Legal commentators have proposed a variety of solutions to the perceived problems of the U.S. courts of appeals, from splitting large circuits to assuring partisan balance in panel decisions. They have always assumed, however, that judges a particular appellate court should have sole responsibility for creating the law of that circuit, except when caseload pressures make it necessary to borrow visiting judges. In this Essay, Professor Abramowicz proposes using visiting judges in a more important role: en banc decision-making. Under this proposal, en banc decisions for one circuit would be made entirely by courts of appeals judges randomly selected from …

German Social Market In The World Of Global Finance: Pension Investment Management And The Limits Of Consensual Decision Making, Daniel I. Gordon, Daniel Mansfield, Adam Tickell

GW Law Faculty Publications & Other Works

In a previous paper we emphasised the changing national and international accounting standards used to measure net pension liability. Beginning with the implications of this analysis for the financing of German employer-sponsored pensions, in this paper we focus upon the internal management of corporate pension assets and liabilities. Two issues drive the analysis. One has to do with the emerging coalescence of interests joining corporate management and shareholders in relation to the management of pension assets and liabilities. The second issue has to do with the allocation of risk and uncertainty between social partners when negotiating the financing and final …

Family Leave And The Gender Wage Gap, Michael Selmi

GW Law Faculty Publications & Other Works

In this article, I argue that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men with respect to the care of children. Until now, most suggestions have focused on changing the behavior of women or employers, but women continue to face significant disadvantages in the workplace despite substantial changes in their labor force behavior. In the first part of the article, I analyze the latest data and conclude that the gender pay gap reflects both women's actual labor market behavior, which still differs from men's, and employers' exaggerated responses …

Review Of The Expanding Role Of State And Local Governments In U.S. Foreign Affairs, Edward T. Swaine

GW Law Faculty Publications & Other Works

This Article reviews The Expanding Role of State and Local Governments in U.S. Foreign Affairs by Earl H. Fry, a book accounting how states and localities are devoting increasing resources to developing their own foreign policy. Fry description is useful and timely, but his allusions to the constitutional basis for a federal monopoly on foreign policy are too summary. As a policy matter, his suggestion for a consensus-driven solution to reconcile competing state and national interests depends on the ability of stakeholders to reach agreements in an increasingly politicized environment, and downplays the importance of foreign actors in these decisions. …

Negotiating Federalism: State Bargaining And The Dormant Treaty Power, Edward T. Swaine

GW Law Faculty Publications & Other Works

The orthodox view that states have no role in U.S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a "dormant" bar on state participation - that is, absent a controlling federal statute or treaty - is obscure. Revisionist scholarship, and recent Supreme Court case law, suggest that Congress alone should decide when the states must stay out of foreign relations.

In this article, I argue that both the orthodox and revisionist views neglect an alternative basis for a judicial role - the Treaty Clause, enforced through the dormant treaty …

Cyberspace And The State Action Debate: The Cultural Value Of Applying Constitutional Norms To 'Private' Regulation, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Regulation in cyberspace does not consist only of laws issued and enforced by sovereigns. Instead, private parties and standard-setting bodies, employing the technology of online interaction, will increasingly be able to regulate activity, which might potentially upset many of the provisional balances we as a society have struck in areas such as free speech, privacy, and intellectual property. The question then becomes: how do we evaluate this "private" regulation? Are constitutional norms applicable? Answering such questions requires a reinvestigation of legal doctrine and theory concerning the distinction between "state action" (which is generally subject to constitutional constraints) and "private ordering" …

An Observation And A Strange But True 'Tale': What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture?, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Few would dispute that law and legal procedures lie at the core of American self-identity and are woven deeply into the fabric of our culture. Indeed, our nation's faith in law has frequently been the subject of criticism. Most recently, self-proclaimed "communitarian" commentators have warned that our insistence on legal solutions is encouraging us to become a society of litigants whose attachment to "rights talk" and legal battles is thwarting our ability to reach consensus on social issues or instill shared values in our communities. While there are many possible responses to such a critique, this Essay offers one that …

Watching The Sunset: Anticipating Gao's Study Of Concurrent Bid Protest Jurisdiction In The Cofc And The District Courts, Steven L. Schooner

GW Law Faculty Publications & Other Works

The 1970 D.C. Circuit ruling in Scanwell Labs. v. Shaffer, 424 F.2d 859, turned the issue of federal court jurisdiction over bid protest litigation into a legal experiment. Thirty years later, the putative sunset of statutory District Court jurisdiction, and a Congressional mandate that GAO undertake a comprehensive study of the need for concurrent jurisdiction, offered an opportunity to judge the success of this experiment. This brief paper reviews the history leading up to the GAO study; discusses how the protest regime helps ensure procurement integrity; critiques the scope and methodology of study; and, ultimately, argues that elimination of District …

Let's Clear The Air: Enforcing Civil Penalties Against Federal Violators Of The Clean Air Act, Lisa M. Schenck

GW Law Faculty Publications & Other Works

The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held civilly liable for penalties. When federal agencies violate the CAA, however, the Constitution and the sovereign immunity doctrine serve as obstacles to civil enforcement. Federal agencies contend that the Constitution's separation of powers doctrine, unitary executive theory, and "case or controversy" justiciability requirement bar the United States Environmental Protection Agency (EPA) from proceeding against them in civil enforcement actions. This Article addresses these arguments and examines the executive branch's approach to enforcing the Act against federal agencies. Federal agencies also have asserted the …

The Un, Nato, And International Law After Kosovo, Mary Ellen O'Connell

Journal Articles

NATO's decision on 13 October 1998 to use force in Yugoslavia and its subsequent use of force beginning on 24 March 1999 were inconsistent with both the explicit terms of the United Nations Charter and Security Council practice. Most of NATO's member states have argued that the situation was exceptional and should have no bearing on the future need for Security Council authorization. Not so the United States; US officials have not spoken of an exception. Several high-ranking officials of the Clinton Administration have stated that they do not recognize the necessity for Security Council authorization when NATO takes enforcement …

Universityie: Information Extraction From University Web Pages, Angel Janevski

University of Kentucky Master's Theses

The amount of information available on the web is growing constantly. As a result, theproblem of retrieving any desired information is getting more difficult by the day. Toalleviate this problem, several techniques are currently being used, both for locatingpages of interest and for extracting meaningful information from the retrieved pages.Information extraction (IE) is one such technology that is used for summarizingunrestricted natural language text into a structured set of facts. IE is already being appliedwithin several domains such as news transcripts, insurance information, and weatherreports. Various approaches to IE have been taken and a number of significant resultshave been reported.In …

Leisure Participation Of Urban Chinese Adolescents, Jianyu Wang

Graduate Research Papers

The purpose of this study was to examine the main characteristics of leisure participation among a selected group of urban Chinese adolescents. Differences in leisure participation were also described and determined according to gender and age.

This study was a descriptive research design. A survey was conducted to collect data. Two hundred fifty (127 females and 123 males) Chinese adolescents from 7th to 8th grade classes at Shadong Middle School in Guangzhou, China were selected to participate in the study. The instrument for data collection was a 57-item self-report questionnaire. Percentages and frequencies were calculated for all responses to each …

The Role Of Recreation And Leisure Programs In Building A Sense Of Community Among College Students, Kaori Kikuta

Graduate Research Papers

The purpose of this study was to investigate if college students' participation in leisure and recreation programs enhances satisfaction with their university community life, and result in building a sense of community. The points considered included 1) association of leisure and recreation with a sense of community; 2) the impact of leisure and recreation participation regarding a sense of belonging to the university community; 3) a role of leisure and recreation professionals to promote the potentials of recreation programs; 4) appropriate programs which were needed by the participants.

The study was conducted at the University of Northern Iowa in the …