Digital Commons Network^™

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 …

To Our Children's Children's Children: The Problems Of Intergenerational Ethics, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay serves as the introduction to the Loyola of Los Angeles Law Review's symposium on intergenerational justice. The importance of this topic cannot be overstated. Intergenerational ethics bears on questions of environmental policy, health policy, intellectual property law, international development policy, social security policy, telecommunications policy, and a variety of other issues.

Part II, Clarifying the Problems of Intergenerational Ethics, is a first sketch of the scope and nature of intergenerational justice, introducing a variety of cases and contexts in which issues of intergenerational ethics arise and distinguishing between the political and moral dimensions of these issues. Part …

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.

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 …

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

Georgetown Law Faculty Publications and Other Works

In this Article we offer one small idea with potentially large implications. We propose the recognition arid development of a special tort for toxic exposures, where the exposures have not yet led to a physical illness such as cancer. We argue, in brief, that this new tort would, in one simple step, accomplish three things: it would address many of the problems with the courts' current handling of toxic torts; it would consolidate the many overlapping causes of action now pressed in toxic tort cases into one single claim; and it would give expression to the real injury motivating these …

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 …

Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn

Georgetown Law Faculty Publications and Other Works

Despite the persistence of the question, social science literature is replete with reasons why a victim does not or cannot leave a battering relationship. Commonly cited explanations include lack of financial resources; fear of physical retribution; lack of access to information about options for escape; enduring love for the batterer and belief he will change; learned helplessness; and depression. This Article, however, focuses on a pervasive and previously unexamined reason: the victim's fear that the batterer will publicize truthful confidential information that will hurt her. If the victim were to seek the court's protection, most state courts have the authority …

Can They Do That? Legal Ethics In Popular Culture: Of Characters And Acts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This Essay describes the depiction of modern lawyers' professional ethics in literature, films, and television, and distinguishes between personal and professional character and specific acts. Depictions of lawyers in modern popular culture are more complex and nuanced than older treatments and allow law students, lawyers, and legal academics an opportunity to examine both ethical rule violations and "micro" behavioral choices, as well as character and more "macro" professional career choices and philosophies in a variety of contexts and serialized plot, treatments. Treatments of professional ethics in more recent popular culture are also contrasted to more literary examinations of both lawyers' …

Aha? Is Creativity Possible In Legal Problem Solving And Teachable In Legal Education?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article continues and expands on my earlier project of seeking to describe how legal negotiation should be understood conceptually and undertaken behaviorally to produce better solutions to legal problems. As structured problem solving requires interests, needs and objectives identification, so too must creative solution seeking have its structure and elements in order to be effectively taught. Because research and teaching about creativity and how we think has expanded greatly since modern legal negotiation theory has been developed, it is now especially appropriate to examine how we might harness this new learning to how we might examine and teach legal …

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 …

Rights, Capabilities, And The Good Society, Robin West

Georgetown Law Faculty Publications and Other Works

In Part I this essay explores and then criticizes the two major arguments behind the conventional wisdom that rights undermine efforts to secure a state role in ensuring the material preconditions for a good society, and therefore, the material preconditions for the development of those human capabilities essential to a fully human life. I conclude in this part that this understanding of rights is mistaken. In Part II, I urge that the pragmatic argument put forward by rights critics and some welfare advocates for forgoing rights-talk and rights-rhetoric also fails: there are very real costs, both in theory and in …

"Parabola And Parable" In The Zone Of Thomas Pynchon's Gravity's Rainbow, Brian D. Zindel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Old Maps" And "New Roads"| Confronting Neocolonial Despair In Sherman Alexie's "Reservation Blues", Matthew R. Burkhart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Intensive Salvage Logging On Rocky Mountain Elk At The Starkey Experimental Forest And Range, Jennifer Morgan Rinehart

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Collection Development In The New Millennium–Evaluating, Selecting, Annotating, Organizing For Ease Of Access, Reevaluating, And Updating Electronic Resources, Virginia A. Baldwin

University of Nebraska-Lincoln Libraries: Faculty Publications

The literature of the early 1990s suggested changes in the structure of collection management itself in order to accommodate the changes both now occurring and those foreseen. Sheila Creth wrote in 1991 "Until recently, the primary focus of collection development has been on building collections." She outlined the functions of collection management in academic libraries to include: selection of materials, weeding, preservation, liaison with faculty and academic departments, reference and user education, fiscal responsibility, and policy development. Creth saw the necessity for a basic change in the library’s organization structure. "According to the principles of organizational design, the traditional structure …

Learning Styles: Teaching Technology Subjects Can Be More Effective, Ronald I. Sutliff, Virginia A. Baldwin

University of Nebraska-Lincoln Libraries: Faculty Publications

Learning style theory has been developed and applied in various curricula for all levels of education. Kolb (1985) developed one particular method of assessing student learning style. The use of this method has been documented in the engineering and technology programs of several universities. Variations in learning style due to cultural diversity have been studied and are described in the literature.

This article describes and recommends the use of learning style theory to assess individual learning styles in the classroom and the use of teaching methods to accommodate various learning styles. Sutliff (one of the authors) administered the Learning Style …

Conservation Preservation And Restoration Plan For The Alta Ski Area Alta Utah U.S.A., Rebecca F. Lawrence

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Stevensville High School Transcript Study For The Class Of 2000 Stevensville Montana Usa, Michael J. Kincaid

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Exploration Characterization And Analysis Of An Economically Viable Brick-Clay Deposit In Montana, Geoffrey E. Gilbert

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Developmental Process Of Criminality, Allison M. Hupp

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

The Effects Of Individual Factors On Punitive Attitudes Toward Juvenile Offenders, Jennifer Keely Mac Connell

Dissertations and Theses @ UNI

The purpose of the present study was to examine the relationship between individual factors and punitive attitudes toward juvenile offenders. The individual factors examined were attributional style, authoritarianism, anxiety, self-esteem, the Five-Factor model of personality, and gender. It was hypothesized that possessing a punitive attributional style, maintaining authoritarian beliefs, and being male would predict punitive attitudes toward adolescent offenders. I also examined the effects of age of the offender and severity of the crime on attributions and punishment decisions. College students (N = 185) at a Midwestern university completed questionnaire packets in partial fulfillment of their introductory psychology course requirements. …

The Coupling Of Biotechnology With Electrochemistry: Electrodenitrification Of Water Using The Enzyme Nitrate Reductase, Cyril Geyer

Dissertations and Theses @ UNI

Nitrate is a worldwide contaminant that causes environmental (eutrophication) and human health (methemoglobinemia, cancers) concerns. Very few techniques are available to eliminate it from natural environment and they suffer from major drawbacks, such as production of unwanted byproducts (toxins or brine). The electrochemical reduction of nitrate on any electrode is relatively slow and catalysts or electron mediators are needed. The goal of this project was to develop a new process that could overcome these disadvantages. The project demonstrates the feasibility of using an enzyme, nitrate reductase, and a mediator, methyl viologen to transfer the electrons from the electrode to nitrate, …

Authentic Assessment In Physical Education: Prevalence Of Use And Perceived Impact On Students' Self-Concept, Motivation, And Skill Achievement, Joseph Kwame Mintah

Dissertations and Theses @ UNI

The volume of traditional assessments in the public schools of the United States has increased. At the same time, complaints about the use of standardized tests have become louder. The complaints and dissatisfaction have led to a paradigm shift in assessment. Available literature supports the use of alternative assessment. The purpose of this study was to describe and analyze the type and the extent of authentic assessment used in public school physical education. A second purpose was to investigate physical education teachers' perceptions about the impact of authentic assessment use on students' self-concept, motivation, and skill achievement.

The teachers rated …

As Justice And Prudence Dictate: The Morality Of America’S War Against Terrorism—A Response To James V. Schall, S.J.,, William J. Wagner

Scholarly Articles

This response to Father Schall's article explores just how three principles, which he proposes in general terms as central to integrity in moral reasoning and decision over the use of military force, serve, in fact, to organize an assessment of the rights and wrongs of actions by states and individuals within a conflict like the one coming to a crisis on September 11th. In the course of its analysis, the article means to show that prudence has a role, not only once the requirements of justice are satisfied, as a too casual reading of Father Schall's article might perhaps imply, …

May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer

Scholarly Articles

The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.

The Business Of Running A Law School, John H. Garvey

Scholarly Articles

I confess that as a faculty member I gave little thought to the business of running a law school. Deans do not have that luxury. Someone has to pay attention to things like the budget, payroll, physical plant, purchasing, admissions, career services, and (most important of all) the kind and quality of service that we provide to students in the classroom. Stated abstractly, we are a nonprofit business that provides a service to about 800 customers each year, and we, like all businesses, have to balance our books. From a business point of view the most interesting challenge we face …