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2000

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Life On Campus Really Ain't So Bad, Avern Cohn Jan 2000

Life On Campus Really Ain't So Bad, Avern Cohn

Michigan Law Review

The Shadow University is a highly tendentious account of Alan Charles Kors and Harvey A. Silverglate's view of academic and student life in America's colleges and universities over the last twenty years. Kors and Silverglate see these colleges and universities turning from promoting personal and academic freedom to suppressing open expression and denying basic liberties to students and faculty alike. To make their point, they have scoured college and university campuses from coast to coast to find incidents involving student speech code violations, as well as student and faculty discipline and misbehavior proceedings. They also examine multicultural and diversity programs …

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History Unbecoming, Becoming History, Toni M. Massaro Jan 2000

History Unbecoming, Becoming History, Toni M. Massaro

Michigan Law Review

The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …

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Word Games, War Games, Diane H. Mazur Jan 2000

Word Games, War Games, Diane H. Mazur

Michigan Law Review

In 1993, the country's interest in the issue of military service by gay citizens escalated to a level that can only be described as a national obsession, and "obsession" is by no means too strong a term. The subject of gay servicemembers was debated within all three branches of government, all ranks of the military, and all walks of civilian life.1 The issue of military service by gay citizens became a line in the sand, a cultural standoff on issues as sensitive and disparate as sexuality, patriotism, civil rights, and civic obligation. Janet Halley2 returns to that time of obsession …

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Critical Adsorption On Defects In Ising Magnets And Binary Alloys, Andreas Hanke Jan 2000

Critical Adsorption On Defects In Ising Magnets And Binary Alloys, Andreas Hanke

Physics & Astronomy Faculty Publications

Long-range correlations in a magnet close to its critical point or in a binary alloy close to a continuous order-disorder transition can substantially enhance the effect of local perturbations. It is demonstrated using a position-space renormalization procedure that quasi-one-dimensional defects which break the symmetry of the order parameter have pronounced effects: They cause long-range critical adsorption profiles and give rise to new universal critical exponents, which are identified and calculated using field-theoretical methods.

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Interactive Self-Modeling Mixture Analysis Using Principal Component Approach, Dongsheng Bu Jan 2000

Interactive Self-Modeling Mixture Analysis Using Principal Component Approach, Dongsheng Bu

Open Access Dissertations

No abstract provided.

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2000-01 Managing And Editorial Boards, Georgia Journal Of International And Comparative Law Jan 2000

2000-01 Managing And Editorial Boards, Georgia Journal Of International And Comparative Law

GJICL Editorial Boards

Managing and Editorial Boards for the Academic Year 2000-01

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Journal Of Intellectual Property Law Editorial And Managing Boards 2000-2001, Journal Of Intellectual Property Law Jan 2000

Journal Of Intellectual Property Law Editorial And Managing Boards 2000-2001, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.

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Student Organization Officers 2000-2001, Office Of Registrar Jan 2000

Student Organization Officers 2000-2001, Office Of Registrar

Materials from All Student Organizations

No abstract provided.

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The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez Jan 2000

The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez

LLM Theses and Essays

When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …

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Laws Governing Bank Securities Activities In The United States, Hanning Zhang Jan 2000

Laws Governing Bank Securities Activities In The United States, Hanning Zhang

LLM Theses and Essays

This thesis analyzes the previous regulatory approach to bank investment activities in the United States and its effects on the banking industry, discusses regulatory changes that expanded banking powers, reviews the new legislation and potential problems in the current movement of financial reform, and suggests some solutions. Chapter II reviews previous statutory regimes on bank securities activities, including those separating traditional and investment banking under the Glass-Steagall Act and Bank Holding Company Act. The regulatory regime under the E.U. banking system is addressed to give an example of successful deregulation, by which universal banks may fully enjoy the rapid changing …

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Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil Jan 2000

Securities Disclosure Regime - Challenges Posed By The Internet And Technology, Thomas Thomas Thoppil

LLM Theses and Essays

This thesis is an effort to evaluate the structural changes that have taken place in the securities market of the United States and its impact on securities disclosure regime mandated by the Federal Securities Act. Part 2 of the thesis discusses the securities disclosure regime and its underlying economic theories. This part also traces the challenges posed by technology and takes a quick look at the argument that the traditional norms are incompatible in dealing with those challenges. Part 3 deals primarily with structural developments in the securities market over the past five years by examining some of the innovative …

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A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger Jan 2000

A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger

LLM Theses and Essays

Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …

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The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson Jan 2000

The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson

LLM Theses and Essays

Much of the recent literature on negotiation has concerned environmental negotiations. The environmental negotiations literature often discusses the negotiation of domestic environmental issues or the negotiation of multilateral/global environmental conventions. However, the literature on bilateral negotiations dealing with environmental issues, especially as it is related to mutual defense arrangements is scarcer. This thesis deals with this latter type of negotiations. This thesis explores whether interest-based negotiation techniques can be effectively used in resolving the environmental issues that are associated with base closures. It will do so by first describing and responding to some of the criticisms of the fundamental concepts …

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Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim Jan 2000

Reflections On The Reform Of Antidumping Law A Case Study Of Anti-Dumping Law In The United States, Sung Hwan Kim

LLM Theses and Essays

As of the end of 1997, 29 of the 132 member countries of the WTO had some form of the antidumping regime in operation. Most of the antidumping measures were taken by developed countries, with the United States leading in the number of measures invocated, which lends support to the criticism that the United States has wielded the antidumping law for the purpose of protecting its noncompetitive domestic industry. Attendant to this criticism, and taking the United States antidumping law as a typical model law embodying the Antidumping Agreement, this thesis first looks at the evolution of antidumping law in …

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Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch Jan 2000

Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch

LLM Theses and Essays

The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …

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Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele Jan 2000

Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele

LLM Theses and Essays

The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …

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International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva Jan 2000

International Franchising: Focus On Central And Eastern Europe And Russia, Aksinia Zaharieva Dintcheva

LLM Theses and Essays

This thesis discusses and analyzes international franchising and its introduction and development in the emerging democracies in Eastern Europe. After a general presentation of the franchise marketing method, the advantages and disadvantages to both parties of the franchise relationship are discussed. Attention is given to the alternatives available to foreign franchisors contemplating international franchising in the Eastern European region. The thesis further reviews the newly enacted foreign investment laws in six Eastern European countries - Hungary, Czech Republic, Poland, Bulgaria, Romania, and Russia - as they relate to the joint venture operations in the region and the attending legal issues. …

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International Joint Ventures Between France And The United States, Alexis Desreumaux Jan 2000

International Joint Ventures Between France And The United States, Alexis Desreumaux

LLM Theses and Essays

This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …

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Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky Jan 2000

Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky

LLM Theses and Essays

The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …

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The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar Jan 2000

The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar

LLM Theses and Essays

The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …

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"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli Jan 2000

"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli

LLM Theses and Essays

It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …

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The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park Jan 2000

The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park

LLM Theses and Essays

Mutual funds and hedge funds are popular forms of investment in the United States and throughout the world. Mutual funds are regulated by securities' regulators in the United States. Hedge funds, however, are not regulated because of their operational flexibility in investment. U.S. regulators are concerned that if they regulate hedge funds, hedge funds will, along with their economic benefits, emigrate to offshore havens. However, if we consider the importance of the American financial markets in the world, this idea can be dismissed. Due to globalization in the capital markets, small events in the United States can have large effects …

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Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson Jan 2000

Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson

LLM Theses and Essays

This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …

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En Banc Revisited, Michael B. Abramowicz Jan 2000

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 …

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Exit, Voice, And Values On The Net, Dawn C. Nunziato Jan 2000

Exit, Voice, And Values On The Net, Dawn C. Nunziato

GW Law Faculty Publications & Other Works

Professor Lawrence Lessig makes the (rather dire) prediction in Code and Other Laws of Cyberspace that the Internet will be transformed from an unregulated medium into a highly regulated one. Lessig posits that the Net will largely be regulated not by the government but by commercial entities - in particular, by the software (or code) written by entities such as AOL and IBM. While the government's regulatory power is limited by the Constitution, regulation by commercial entities is not. For example, Internet service providers can censor "indecent" speech on the Net largely free of constitutional constraints. The "Net libertarians" applaud …

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The Inherent Limits Of Judicial Control Of Agency Discretion: The D.C. Circuit And The Nondelegation Doctrine, Richard J. Pierce Jr Jan 2000

The Inherent Limits Of Judicial Control Of Agency Discretion: The D.C. Circuit And The Nondelegation Doctrine, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

The article discusses American Trucking Associations v EPA, in which a two-judge majority of a DC Circuit panel held that the section of the Clean Air Act that authorizes EPA to set primary air quality standards applicable to criteria pollutants is unconstitutional as interpreted by EPA. The court held the EPA interpretation unconstitutional because it provides no criteria for determining how much pollution is too much. The court remanded to allow EPA the opportunity to adopt a saving interpretation of the statute by adopting a binding determinate decision making standard that EPA and a court can apply to determine how …

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Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross Jan 2000

Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross

GW Law Faculty Publications & Other Works

Despite doctrinal requirements that the state establish a compelling interest to justify content-based regulations on speech, Professor Ross argues that courts have routinely taken the government's interest at face value when it argues that it inhibits speech to protect children. The Article examines the Supreme Court's test which requires the state to establish a compelling interest by articulating the precise harm it wishes to address, demonstrating a nexus between that identified harm and the regulated speech, and showing that restriction of the speech will alleviate the harm. The author seeks to reframe the discussion surrounding controversial speech and children by …

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Family Leave And The Gender Wage Gap, Michael Selmi Jan 2000

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 …

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Wetlands Protection: Regulators Need To Give Credit To Mitigation Banking, Lisa M. Schenck Jan 2000

Wetlands Protection: Regulators Need To Give Credit To Mitigation Banking, Lisa M. Schenck

GW Law Faculty Publications & Other Works

Since wetlands provide a myriad of ecology benefits, programs to protect them, as well as strategies to compensate affected parties for their loss, have evolved over the past two decades. Under Section 404 of the Clean Water Act, a market-based management strategy called wetland mitigation banking requires developers to compensate for wetland loss or degradation resulting from their projects prior to developing the area. The federal government has endorsed this mitigation banking as an appropriate method to restore, create, enhance, and even preserve wetlands and thus compensate for unavoidable wetland losses. Under the compensation program, instead of requiring land developers …

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Adaptive Object-Oriented Filtering Framework For Event Management Applications, Ehab Al-Shaer, Mohamed Fayad, Hussein Abdel-Wahab, Kurt Maly Jan 2000

Adaptive Object-Oriented Filtering Framework For Event Management Applications, Ehab Al-Shaer, Mohamed Fayad, Hussein Abdel-Wahab, Kurt Maly

Computer Science Faculty Publications

Event filtering is an essential element in event management applications. In event management environments, the filtering mechanisms are employed to track the events generated from applications at run-time and perform the corresponding appropriate actions. Several key applications domains, such as system and network management, distributed system toolkits, communication protocols and active databases, utilize event filtering for various management purposes. The goal of this paper is to describe the object-oriented design and implementation of an adaptive event filtering framework which can be integrated and reused efficiently to develop event management applications for various domain environments. In our approach, the event filtering …

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