Digital Commons Network^™

Graduated Segmental Mobility In Polymer Layers On Silica, Frank D. Blum, Crystal E. Porter, Wuu-Yung Lin

Chemistry Faculty Research & Creative Works

The behavior of thin polymer layers on oxide substrates has gotten a great deal of attention as the size of materials, and hence polymer films, has gotten smaller. Indeed, the properties of adsorbed polymers are such that they can be different from those of bulk polymers, especially when the films are very thin. A wide variety of studies have been made on adsorbed polymers and sometimes the results seem contradictory. One of the properties often measured in thin films is the apparent glasstransition temperature, Tg. In principle, many techniques are sensitive to phenomenological changes occurring around Tg and, therefore, can …

Reorganizing Web Sites Based On User Access Patterns, Yongjian Fu, Mario Creado, Chunhua Ju

Computer Science Faculty Research & Creative Works

In this paper, an approach for reorganizing Web sites based on user access patterns is proposed. The approach consists of three steps: preprocessing, page classification, and site reorganization. In preprocessing, pages on a Web site are processed to create an internal representation of the site, and page access information of its users is extracted from its server log. In page classification, the Web pages on the site are classified into two categories, index pages and content pages, based on the page access information. After the pages are classified, in site reorganization, the Web site is examined to find better ways …

Law, Marriage, And Intimate Commitment, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Does society have any interest in the stability of marriage per se - that is, apart from any concerns about the impact of divorce on children or financially dependent spouses? Should law try in any way to reinforce an ethic of commitment in marriage as a good in and of itself? . . . Two social trends make this a timely issue. First is the steady erosion of the link between marriage and procreation over the last generation. More married couples do not have children; more children are born outside of marriage. A second trend is the rise of unmarried …

Challenges Of The New Economy: Issues At The Intersection Of Antitrust And Intellectual Property, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

There is wide agreement that the last decade or so has presented an unusually lively and challenging period for antitrust analysis. Among many reasons we can point to are deregulation and problems of transition to a free market (telecommunications and electricity production offer leading examples), developments in procedural cooperation and possible substantive convergence in response to the increasing globalization of competition and enforcement approaches, and priorities in addressing an unprecedented merger wave. An additional challenge involves the application of established antitrust principles to the growing high-tech sector of the economy. It is that application of antitrust law to the new …

Antitrust And Intellectual Property: Unresolved Issues At The Heart Of The New Economy, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

The New Economy differs in degree rather than kind from the "old" economy. Part II of this discussion examines the key differences that define the New Economy. Part Ill turns to several implications of those differences as they pertain to antitrust enforcement. I argue that the differences do not justify sweeping generalizations that antitrust enforcement has no place in the New Economy, but do require antitrust enforcement to make adjustments and exercise sensitivity towards intellectual property issues on a case-by-case basis. The goal of a coherent overall competition policy, in deciding both what conduct to enforce against and what remedies …

Decreasing Returns To Shareholders From Randd Spending In The Computer Industry, Del A. Mank, Halvard Nystrom

Engineering Management and Systems Engineering Faculty Research & Creative Works

This article explores the relationship between stockholder value changes and corporate research and development (RandD) spending in the computer industry. Researchers attempted to tie RandD expenditures and its various measurable effects to future results of the firms within an industry, with mixed results. They identify a positive, short-term relationship between stockholder share price movements and firm announcements of plans to increase RandD expenditures. They also show that industries with higher RandD intensities grow faster than those with low RandD intensities. However, little research is available that effectively relates RandD expenditures to future share price performance of the firms within an …

Weekly Look At The Labors Of Montana's Citizen-Lawmakers: Community News Service And The 57th Montana Legislature, Jason C. Mohr

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Coastal Ocean Morphodynamics And The Resulting Erosion And Deposition: An Analytical Approach, Shejun Fan

OES Theses and Dissertations

Coastal ocean morphodynamics is the study of the morphological change of the coastal ocean system. Environmental conditions, such as climatic and geological controls, are exogenous inputs of the system, which are responsible for geographic variation among coastal oceans. In the coastal ocean system, coastal morphological changes are the results of a series of morphodynamical processes. In this treatise, quantitative, dynamical sedimentary models are developed to provide an analytical understanding of morphodynamical processes in coastal ocean environments. These dynamical sedimentary models numerically simulate the sedimentary processes over a range of time scales from an event time scale, based on the fundamental …

Foreword: Is Reliance Still Dead?, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

One thing I found out when I was a prosecutor is that you should never tell a police officer he cannot do something, for that just serves as an open invitation for him to do it. In recent years, I have learned a similar lesson about legal scholarship which I should probably keep to myself but won't. If you proclaim the existence of a scholarly "consensus," this is an open invitation for academics to try to demolish such a claim.

Fair Use Infrastructure For Rights Management Systems, Dan L. Burk, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In this paper, we consider whether rights management systems can be supported by legal and institutional infrastructures that enable appropriate public access to the works secured by these technologies. We focus primarily on the design challenges posed by the fair use doctrine, which historically has played a central role in preserving such access. Throughout the paper, however, we also use the term "fair use" to refer more generally to the variety of limiting doctrines within copyright law that serve this goal. We begin in Part II by reviewing the contours of the fair use doctrine and the legal and policy …

Privatized Communities And The "Secession Of The Successful": Democracy And Fairness Beyond The Gate, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

In this essay, I will reflect on how common interest developments, and their privatized spaces, are contributing to a broader phenomenon of civic secession, primarily by affluent property owners. In particular, I will analyze the way in which CIDs may affect electoral politics and the allocation of public resources by federal and state government. The chief threat of CIDs is that they exacerbate inequality in America while also exacerbating the challenges of governing. By giving the private property owner a formal context in which to feel justified in her view that she is "doing her part" simply by paying her …

Reconstructing The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …

Race And Discretion In American Medicine, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author’s focus in this article is on racial disparities in medical care provision--that is, on differences in the services that clinically similar patients receive when they present to the health care system. Racial disparities in health status, which is not greatly influenced (on a population-wide basis) by medical care, are beyond his scope here. Disparities in medical care access-potential patients' ability, financial and otherwise, to gain entry to the health care system in the first place, are also outside his focus. The author begins this article by putting the problem of racial disparities in medical care provision within the …

The Marbury Mystery: Why Did William Marbury Sue In The Supreme Court?, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

In 1801, when William Marbury petitioned the Supreme Court to issue a writ of mandamus ordering Secretary of State James Madison to deliver his commission as justice of the peace, he initiated one of the most important cases in the Court's history. But why did Marbury choose the Supreme Court? Was there a lower federal court that could have granted the writ at the time? The short answer is "yes." Rather than making an unsuccessful attempt to invoke the original jurisdiction of the United States Supreme Court, I have learned that he could have brought his suit in the then …

Secrecy, Guilt By Association, And The Terrorist Profile, David Cole

Georgetown Law Faculty Publications and Other Works

In this essay, I will argue that the use of secret procedures and guilt by association in immigration trials is not only unconstitutional but counterproductive. I will begin with a case study, then discuss in turn the practices of secret evidence and guilt by association, and finally conclude with a consideration of how these two tactics perpetuate invidious stereotypes about Arabs and Muslims.

As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole

Georgetown Law Faculty Publications and Other Works

According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …

Poverty And Welfare Policy In The Post-Clinton Era, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

This is an important time to talk about people in need. There have been major changes recently in public policy toward those in need, and we have seen enough of their effect to be able to discuss the next steps. We have a new President and Congress. A recession is looking more probable by the day. And the 1996 welfare law is coming up for reauthorization in 2002. So this is a good time to look at how we are doing and what we need to do.

Positive Perfectionism In Sport, Tammy Olson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Privacy And Power, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Something has gone wrong in modem America, argues Jeffrey Rosen in The Unwanted Gaze. Our medical records are bought and sold by health care providers, drug companies, and the insurance industry. Our e-mails are intercepted and read by our employers. Amazon.com knows everything there is to know about our reading and web-browsing habits. Poor Monica Lewinsky's draft love letters to President Bill Clinton were seized by the villainous Ken Starr, and ultimately plastered all over the nation's newspapers.

To Rosen, the nature of the problem is clear: These examples are all part of a troubling "phenomenon that affects all …

Privacy, Ideology, And Technology: A Response To Jeffrey Rosen, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay reviews Jeffrey Rosen’s The Unwanted Gaze: The Destruction of Privacy in America (2000).

Rosen offers a compelling (and often hair-raising) account of the pervasive dissolution of the boundary between public and private information. This dissolution is both legal and social; neither the law nor any other social institution seems to recognize many limits on the sorts of information that can be subjected to public scrutiny. The book also provides a rich, evocative characterization of the dignitary harms caused by privacy invasion. Rosen’s description of the sheer unfairness of being “judged out of context” rings instantly true. Privacy, Rosen …

Can You Be A Good Person And A Good Prosecutor?, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Somehow, it is understood that prosecutors have the high ground. Most people simply assume that prosecutors are the good guys, wear the white hats, and are on the "right" side. Most law students contemplating a career in criminal law seem to think this. It could be that most practicing lawyers think this, as well.

Prosecutors represent the people, the state, the government. This is very noble, important, and heady stuff. Prosecutors seek truth, justice, and the American way. They are the ones who stand up for the victims and would-be victims, the bullied and battered and burgled. They protect all …

Mark Tushnet: A Personal Reminiscence, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

In this essay the author pays tribute to Mark Tushnet, a prominent scholar of constitutional law and legal history, who also served on the faculty of the Georgetown University Law Center for many years.

The Market For Medical Ethics, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

At the core of Kenneth Arrow’s classic 1963 essay on medical uncertainty is a claim that has failed to carry the day among economists. This claim—that physician adherence to an anti-competitive ethic of fidelity to patients and suppression of pecuniary influences on clinical judgment pushes medical markets toward social optimality—has won Arrow near-iconic status among medical ethicists (and many physicians). Yet conventional wisdom among health economists, including several participants in this symposium, holds that this claim is either naïve or outdated. Health economists admire Arrow’s article for its path-breaking analysis of market failures resulting from information asymmetry, uncertainty, and moral …

Academic Freedom Of Part-Time Faculty, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Everyone assumes that part-time faculty should enjoy a full measure of academic freedom. The American Association of University Professors (AAUP) has consistently argued for it. Martin Michaelson's draft "Academic Freedom Policy and Procedures," a touchstone for this symposium, accords academic freedom through contract to full-time and part-time faculty without distinction. A recent article in the Chronicle of Higher Education raised the alarm that "To Many Adjunct Professors, Academic Freedom Is a Myth;" nowhere did it question the normative claim that an adjunct should enjoy complete academic freedom.

Proportional Equality: Readings Of Romer, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why?

Law As Culture, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

This Essay is an attempt to theorize the relationship of law to culture and culture to law beyond the intuitive, commonplace sense that law partakes of culture - by reflecting it as well as by reacting against it - and that culture refracts law. It proposes a theory of law as culture that, in detailing the mutually constitutive nature of the relationship, distinguishes itself from the way law and culture have been conceived by realist and critical legal scholars, as well as by social norms writers. The Essay concludes by speculating about one possible method by which this theorizing might …

Planet Asian America, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

In forming the Asian Law Caucus, the elders - some of whom are here in this room - chose resistance. They created a space in which Asian Americans were in charge, deciding what mattered to them and what strategies worked for them. If someone else were in charge, things would have gone differently. Risks were taken, and victories were won that would not have happened using traditional litigation strategies or leaving the work to traditional civil rights organizations. It was important to create an Asian American space to do this work: to fight Chinatown evictions, to pursue redress for the …

Patent Scope And Innovation In The Software Industry, Julie E. Cohen, Mark A. Lemley

Georgetown Law Faculty Publications and Other Works

Software patents have received a great deal of attention in the academic literature. Unfortunately, most of that attention has been devoted to the problem of whether software is or should be patentable subject matter. With roughly eighty thousand software patents already issued, and the Federal Circuit endorsing patentability without qualification, those questions are for the history books. The more pressing questions now concern the scope to be accorded software patents. In this Article, we examine the implications of some traditional patent law doctrines for innovation in the software industry. We argue that patent law needs some refinement if it is …

Tribute To Norman Dorsen, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

It is an enormous delight for me to contribute to this dedication ceremony honoring Norman Dorsen. It did require, however, that I go back and note the fact that I wrote for the Annual Survey thirty-seven years ago. Not only did I discuss antitrust, I made some confident predictions. I noted with alarm that there had been five hundred corporate mergers in the previous year, but pointed out that that would level off as time went on. Well, five hundred would be a quiet month at the Federal Trade Commission these days. I am delighted with the Annual Survey's decision …

What Courts Can Do In The Face Of The Never-Ending Asbestos Crisis, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The purpose of this article is not to argue that claimants suffering from serious asbestos-related diseases should not be compensated. To the contrary, one of the points of this article is that absent some change in the way asbestos claims are resolved, claimants who become truly sick in the future may not receive adequate compensation. Changing the current asbestos compensation system would be pro-claimant. Also, the purpose of this article is not to ascribe blame. Rather, it is to fix a problem. The judges cannot be blamed for their good intentions. Neither can the plaintiffs' attorneys be blamed for zealously …