Digital Commons Network^™

Rumors Of Wars: Presidential And Congressional War Powers, 1809-1829, David P. Currie

University of Chicago Law Review

Drawing the line between congressional and presidential war powers has been a popular and controversial pastime throughout the past half century. But the problem is by no means new. Presidents Washington and Jefferson famously declared modest views of presidential authority in this field. The present Article takes up the story where Jefferson left off, examining legislative and executive materials illuminating a series of diplomatic and military crises that occurred during the Administrations of Madison, Monroe, and John Quincy Adams: the occupation of West Florida, the first Seminole War, the Monroe Doctrine, and other events arising out of our relations to …

The Justiciability Of Municipal Preemption Challenges To State Law, Alexander Willscher

University of Chicago Law Review

No abstract provided.

Data As Ensembles Of Records: Representation And Comparison, Nicholas Howe

Computer Science: Faculty Publications

Many collections of data do not come packaged in a form amenable to the ready application of machine learning techniques. Nevertheless, there has been only limited research on the problem of preparing raw data for learning, perhaps because widespread differences between domains make generalization difficult. This paper focuses on one common class of raw data, in which the entities of interest actually comprise collections of (smaller pieces of) homologous data. We present a technique for processing such collections into high-dimensional vectors, suitable for the application of many learning algorithms including clustering, nearestneighbors, and boosting. We demonstrate the abilities of the …

The University Of Nebraska Sociology Centennial: An Archival And Documentary Souvenir, Michael R. Hill

Department of Sociology: Faculty Publications

This documentary souvenir is published in conjunction with the centennial celebration of the Department of Sociology at the University of Nebraska-Lincoln, March 3-4,2000. Copies for distribution during the centennial festivities are provided, in part, courtesy of the George Elliott Howard Institute for Advanced Sociological Research. The archival and documentary items selected for inclusion in this special supplement to Sociological Origins are, of necessity, culled from a much larger pool of potential items, many of which could easily be included in such a compilation with equal justification. All materials reproduced herein posses unique historic value, and it is hoped too that …

Collecting Early Nebraska Sociology: Selections From The Collections Of Mary Jo Deegan And Michael R. Hill, Mary Jo Deegan, Michael R. Hill

Department of Sociology: Faculty Publications

No abstract provided.

Training Training-Room Skills, Alan Waters, Maria Luz C. Vilches

English Faculty Publications

A process-oriented approach to training teachers in ELT teaching methods is nowadays commonplace. To operate such an approach, the teacher trainer needs to be able to handle the skills involved in, inter alia, introducing a teacher training session, conducting awareness-raising, providing input, setting up, monitoring and rounding off small-group activities, feeding back on participants’ ideas and concluding the session. In other words, just as the ELT teacher needs to master a repertoire of classroom skills for handling ELT activities, so the teacher trainer needs to acquire a knowledge of the training-room skills involved in such teacher training procedures Both classroom …

A Methodology To Estimate Load And Non-Load Shares Of Highway Pavement Routine Maintenance And Rehabilitation Expenditures, Zongzhi Li, Kumares C. Sinha

JTRP Technical Reports

The present study focused on the estimation of load and non-load shares of pavement maintenance and rehabilitation expenditures. The information provides the basis for the allocation of pavement-related expenditures in a highway cost allocation study. A comprehensive database was developed in the study, and an aggregate performance approach was used based on econometric models. This approach utilizes the marginal effect of traffic loading to quantify the load and non-load shares of pavement routine maintenance and rehabilitation expenditures. The study revealed that the share of pavement damage attributable to load and non-load factors depends on several factors such as the type …

A Field Study Of Scour Monitoring Devices For Indiana Streams, Thomas J. Cooper, Huey-Long Chen, Dennis A. Lyn, A. Ramachandra Rao, A. G. Altschaeffl

JTRP Technical Reports

INDOT is considering the deployment of fixed scour-monitoring instrumentation as part of a systematic response to the problem of scour around bridge piers. Fixed-in-place automated scour-monitoring devices measure the depth of scour at the point where they are installed. Unless they are installed at the location where maximum scour occurs, their readings may give a misleading estimate of scour potential. This raises a number of technical issues concerning their effective deployment and the interpretation of the collected data, which should be resolved in order to maximize the benefits to INDOT from using these monitoring devices. These include the location of …

Borman Expressway Point-To-Point Wireless Modem, J. V. Krogmeier, Michael P. Fitz

JTRP Technical Reports

The Federal Highway Administration has a nationwide allocation of five frequency pairs in the 220-222 MHz Narrowband Radio Services band which are intended for application in Intelligent Transportation Systems. These frequencies are available for use by state DOTs (subject to FHWA approval) and provide an attractive solution for certain low to medium bit rate data communications applications. However, given the limited bandwidth available in these channels, very efficient modems will be required to make maximum beneficial use of this resource. The goal of this project was to design, field test, and deploy a digital radio which uses the 220-222 MHz …

Construction Data Management 2000, Bob G. Mccullouch

JTRP Technical Reports

Construction Data Management 2000 was a project designed to help guide INDOT into using emerging technologies to meet data management needs in the construction process. The landscape at INDOT has changed, having been shaped through the factors of increased workloads, a reduced number of employees, and increasing dependence on outside consultants to fill the needs. This has resulted in changing roles for INDOT employees creating differing data management needs. This project looked into this area, studied various answers, and is recommending solutions. This report describes the work performed and proposes recommendations with supporting documentation. The original project scope had the …

Determination Of Practical Esals Per Truck Values On Indiana Roads, Sedat Gulen, John Nagle, John Weaver, Victor Lee Gallivan

JTRP Technical Reports

The Indiana Department of Transportation (INDOT) has been using ESAL (Equivalent Single Axle Load) values for pavement design. The current ESAL values were obtained in the late 1970. However, truck deregulation and higher allowable maximum loads have increased the 1970's values. Updated ESAL values are needed for better road designs. The 1998 and 1999 traffic data from the all Weight-in-Motion (WIM) stations were obtained and used to compute updated ESAL values for multiple unit trucks (Class 9/F-9) and single unit trucks (Class 5, 6 and 7). Statistical analyses indicated that average ESAL values for 1998 and 1999 are statistically the …

Field Implementation Of Bioremediation At Indot Facilities-Phase I, Loring F. Nies, Brett Robert Baldwin, Matthew B. Mesarch

JTRP Technical Reports

Bioremediation is often the most cost-effective and successful technique available for the remediation of soils and groundwater contaminated with organic pollutants (e.g. petroleum). The goal of bioremediation is to stimulate naturally occurring microorganisms to biodegrade the contaminants to harmless products. To be in compliance with EPA regulations all underground fuel storage tanks must have spill, leak and corrosion protection. Many older obsolete tanks had deteriorated to the extent that petroleum products had leaked into the environment. In the past, petroleum contaminated soils were typically excavated, followed by landfilling of the contaminated material. The continued use of landfills for disposal of …

Evaluation Of Scour And Stream Stability By Using Caesar, Huey-Long Chen, A. Ramachandra Rao, Dennis A. Lyn, A. G. Altschaeffl

JTRP Technical Reports

The performance of an expert system (CAESAR for Catalog and Expert Evaluation of Scour Risk and River Stability) for an initial evaluation of scour and stream stability was assessed. Three alternative scour indices are used to compare with the evaluation results of CAESAR. These scour indices include the Observed Streambed Scour index, the INDOT Potential Streambed Scour Index, and the Simon Potential Streambed Scour Index. Ten bridges in Indiana are selected for evaluation in this study. The scour indices and the field inspection information required by CAESAR are retrieved from the USGS data base. In general, the results show that …

Effect Of Fine Aggregate Angularity On Asphalt Mixture Performance, Chih-Jen Lee, Thomas D. White, Terry R. West

JTRP Technical Reports

Superpave aggregate qualification includes the fine aggregate angularity (FAA). Fine aggregate angularity levels used in the Superpave system are below 40, 40 to 45 and above 45. The higher values are specified for layers near the surface and for higher traffic levels. The objective of this study was to address the effect of fine aggregate angularity on asphalt mixture rutting performance. A total of 18 mixtures were designed according to the Superpave volumetric design criteria. A surface mixture utilizing a partially crushed 9.5mm coarse aggregate and a single PG 64-22 binder were utilized. The poor quality coarse aggregate was used …

Indot Training Needs Study, Ray E. Eberts, Jodi S. Goodman, Bob G. Mccullouch, Kumares C. Sinha

JTRP Technical Reports

During the strategic plan development process, the INDOT staff identified a list of possible training needs, which included suggestions for workshops, certification procedures, training sessions for interpersonal communication, computer skills, and video conferencing, as well as more specific topics such as hazardous areas and clean up of contaminated soil. This study’s objective is to assess current and future training needs at INDOT on a comprehensive basis, as well as analyze current and future trends in order to fulfill the INDOT strategic goals and objectives.

Optical Imaging Method For Bridge Painting Maintenance And Inspection, Luh M. Chang, Yasser Abdelrazig, Po-Han Chen

JTRP Technical Reports

The term "quality" is defined as the conformance to predetermined requirements or specifications. These requirements may be set in terms of the end result required or as a detailed description of how work should be executed. Recently, there has been increasing interest in quality assurance in the construction industry. Quality assurance includes design and planning, sampling, inspection, testing, and assessment to ensure that end products perform according to specifications. This research proposes a new quality assessment model for highway steel bridges and more specifically for coating rust assessment. The research proposes a hybrid model using image processing and neural networks …

New Treatment Combinations For Vegetation Management Along Indiana Roadsides, D. James Morré

JTRP Technical Reports

This report represents results from a project for research to develop and implement new treatment mixtures for control of problem brush, trees and other woody species and herbicide-resistant weeds along Indiana roadsides. An environmentally safe mixture of trichlopyr (Galon Herbicide) and ammonium nitrate for one application control of deciduous roadside vegetation was developed. Also discovered and developed was a new, environmentally safe and effective TR series of additives that enhance the action of the auxin herbicides (trichlopyr, 2,4-D, picloram) for inclusion in both the brush control mixtures and control of milkweed, Canada thistle, bindweed, ground cherry and other perennial, herbicide-resistant …

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 …

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 …

“Environmental Racism! That’S What It Is.”, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this essay, Professor Lazarus discusses former NAACP director the Rev. Dr. Benjamin Chavis's characterization of U.S. environmental policy as "environmental racism." He first justifies this provocative topic choice and then suggests that Chavis's allegation has transformed environmental law. Professor Lazarus next discusses the details of this transformation, arguing that Rev. Chavis has essentially reshaped the way environmental law and justice are conceived. He offers examples of various environmental programs and social and political effects traceable to Chavis's environmental racism comment. Finally, the conclusion provides some of the author's ruminations about the future of environmental law and policy.

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.

A Reexamination Of The Distinction Between "Loss-Allocating" And "Conduct-Regulating Rules", Wendy Collins Perdue

Georgetown Law Faculty Publications and Other Works

In this paper, I disagree with the premise that all tort rules can be meaningfully classified as either compensatory or deterrent. I argue that most tort rules are both and that "the compensation and deterrence goals ascribed to the tort system cannot be separated.” I then explore the impact on the Louisiana tort choice of law code of this alternative understanding of tort law. My analysis begins with the proposition that all tort rules are loss-allocating. A liability rule shifts the loss from the injured victim to the tortfeasor; conversely a rule of no liability means that the loss, no …

Defending The Innocent, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Of the legal scholarship examining the representation of the innocent accused, most has to do with guilty pleas, not trial or post-trial advocacy. Most of this literature is concerned with the pressure put on innocent defendants to plead guilty in order to receive a more lenient sentence than what they would get if found guilty at trial. This problem is compounded by the inability of poor defendants to make bail. Unfortunately, there are other, equally insidious ways to pressure innocent defendants to plead guilty. When addressing the question of defending the innocent at trial or in a post-conviction challenge, most …

The Constitution Of Civil Society, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Article . . .sketches how the free expression, freedom of religion, and substantive due process provisions of the U.S. Constitution have been interpreted to define and protect families, religious institutions, non-political associations, and political parties. I have organized the discussion by topics rather than by institutions. The next section examines the ways in which constitutional law defines civil society's institutions, and Section III examines the extent to which it allows government to regulate them. Section IV deals with the constitutional restrictions on government's power to give unconditional or conditional grants to civil society's institutions. The Conclusion returns to the …

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

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 …

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 …

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 …

Inmigración, Nacionalismo Cultural, Campo Intelectual: El Proyecto Creador De Alberto Gerchunoff, Fernando Degiovanni

Publications and Research

El final de la Autobiografía (1914) de Alberto Gerchunoff (1883-1950) constituye uno de los puntos de partida más significativos a través de los cuales es posible analizar la temática de lo judío-argentino en el marco de su producción textual. El autor de Los gauchos judíos (1910) se sitúa allí frente al campo cultural de la Argentina del Centenario por medio de una serie de operaciones ideológicas que plantean una opción no sólo intelectual sino también específicamente literaria en la construcción de su proyecto creador. La afirmación: “Yo no aspiro a cantar únicamente la vida judía: soy ante todo argentino y …

Outcome Of The Intervention By The Department Of Children & Families To Reunite A Single Substance Abusing Mother With Her Children, Maya De Gaspe

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this research project is to determine the outcome of the intervention and assistance pursued by The Department of Children and Families (DCF) in providing a single mother who has lost temporary custody of her children due to drug/alcohol abuse.