Digital Commons Network^™

E-Commerce And Trans-Atlantic Privacy, Joel R. Reidenberg

Faculty Scholarship

For almost a decade, the United States and Europe have anticipated a clash over the protection of personal information. Between the implementation in Europe of comprehensive legal protections pursuant to the directive on data protection and the continued reliance on industry self-regulation in the United States, trans-Atlantic privacy policies have been at odds with each other. The rapid growth in e-commerce is now sparking the long-anticipated trans-Atlantic privacy clash. This Article will first look at the context of American e-commerce and the disjuncture between citizens' privacy and business practices. The Article will then turn to the international context and explore …

Criminal Law In Cyberspace, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Two of the most talked-about crimes of the year, the ILoveYou computer worm and the denial of service attacks on Yahoo, eBay, and ETrade, suggest that a new form of crime is emerging: cybercrime. Thousands of these crimes occur each year, and the results are often catastrophic; in terms of economic damage, the ILoveYou worm may have been the most devastating crime in history, causing more than $11 billion in losses.

This paper asks how cybercrime is best deterred. It identifies five constraints on crime - legal sanctions, monetary perpetration cost, social norms, architecture, and physical risks - and explains …

The Sex Discrimination Argument In Gay Rights Cases, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.

The Greening Of America And The Graying Of United States Environmental Law: Reflections On Environmental Law’S First Three Decades In The United States, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this article is to begin to place the developments of the past few decades in historical perspective. To that end, the article is divided into three parts, roughly corresponding to the final three decades of the past century. The first part of the article describes the origins of U.S. environmental law, focusing primarily on its first decade from 1970 through 1980. The second part examines how U.S. environmental laws have since evolved, focusing primarily on their second decade (the 1980s), which was a period of tremendous expansion for environmental law. Finally, the third part considers future trends …

Collusion And Collective Action In The Patent System: A Proposal For Patent Bounties, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Persistent commentary contends that the Patent Office is issuing patents that appropriate public domain concepts at an alarming frequency. Complaints of low patent quality enjoy growing resonance with regard to business methods, computer software, and other inventions for which patents were not traditionally sought. In this article, Professor Jay Thomas explains how the judiciary's lenient view of patentable subject matter and utility standards, along with miserly congressional funding policies, have rendered the Patent Office an increasingly porous agency. Professor Thomas next reviews existing proposals for improving patent quality, including the conventional wisdom that adoption of an opposition system will contribute …

Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin this Essay by identifying some problems with conducting an empirical inquiry into Congress's performance in constitutional matters. I argue that there is actually only a small set of issues for which we have a reasonably clean record to evaluate. With the problems I have identified in the background, I then examine some aspects of Congress's performance in the impeachment of President William J. Clinton and, more briefly, some aspects of its response to a presidential military initiative taken without formal prior congressional endorsement. I conclude that Congress's performance in the impeachment, however flawed, was reasonably good, and that …

Legislative Constitutional Interpretation, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This is an Essay about "the how" of constitutional interpretation. Much attention has been devoted to the question of how the Constitution is interpreted in courts. Rather little attention has been devoted to the question of how the Constitution is interpreted elsewhere in the government. The Constitution tells us that Congress, the President, and state legislators and courts must adhere to its terms, but it does not tell us how much interpretive power each actor should have, nor does it prescribe rules for each actor to use when interpreting the text. I argue that constitutional interpretation by Congress is, and …

Legal Scholarship As A Vocation, David Luban

Georgetown Law Faculty Publications and Other Works

Law professors occupy a twin role as scholars and (most of them, at any rate) as lawyers. Deborah Rhode has pointed out, in her contribution to this symposium, that the lawyer role of the professor carries with it some frequently overlooked obligations, specifically the obligation to perform pro bono service. I agree with her, and have ventured similar arguments myself. Here I will address the more purely theoretical side of the legal scholar's vocation. The text I will take for my sermon is the famous speech on the scholar's role that Max Weber delivered to a student audience eighty years …

Stability And Development In Canon Law And The Case Of "Definitive" Teaching, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

Stability is an essential quality of any good legal system because a community's laws are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a religious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. Fidelity to the "Word …

Caretakers And Collaborators, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

A chilling subplot in the twentieth-century saga of state-sponsored mass murder, torture, and other atrocities was the widespread incidence of medical complicity. Nazi doctors’ human “experiments” and assistance in genocidal killing are the most oft-cited exemplar, but wartime Japanese physicians’ human vivisection and other grotesque practices rivaled the Nazi medical horrors. Measured by these standards, Soviet psychiatrists’ role in repressing dissent, Latin American and Turkish military doctors’ complicity in torture, and even the South African medical profession’s systematic involvement in apartheid may seem, to some, almost prosaic. Yet these and other reported cases of medical complicity in human rights abuse …

Ethics In Adr: The Many "Cs" Of Professional Responsibility And Dispute Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

I have been teaching both alternative dispute resolution ("ADR") and professional responsibility for a long time, and I will devote the majority of this essay to reporting on some of the enormous changes and developments in this field. However, I will begin with a mea culpa at a higher level of ethical consciousness than the rules that govern us, or are about to govern us, typically use. I have spent the last five years of my life writing ethical rules for ADR, and I am worried about the future of this field. There are many changes occurring in ADR, and …

Berle And Means Reconsidered At The Century's Turn, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Part I places Berle and Means in the context of the legal theory of its day by comparing the work of Dewey on the theory of the firm and Douglas on corporate reorganization. This discussion highlights two progressive assumptions Berle and Means shared with these business law contemporaries-a confidence in the efficacy of judicial intervention to vindicate distributive policies and a distrust of the institution of contract. These assumptions would, in the long run, cause the book's prescription to land wide of the mark. After 1980, Berle and Means lost their paradigmatic status due to a combination of skepticism respecting …

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Cover And Contents

Turkish Journal of Physics

No abstract provided.

Saudi Medical Journal The New Century, Basim A. Yaqub, Saleh M. Al-Deeb

Saudi Medical Journal

No abstract provided.

Challenges Facing Continuing Medical Education And The Saudi Council For Health Specialities, Ali M. Al-Shehri, Saud A. Al-Turki

Saudi Medical Journal

As we leave the 20th century, continuing medical education faces many challenges in relation to its effectiveness, efficiency and quality. The young and promising Saudi Council for Health Specialties produces a document on accreditation of continuing medical education, which indicates its interest in this vital subject. This paper aims to enrich the approach to continuing medical education in Saudi Arabia by reviewing the main relevant challenges reported in literature and suggesting that the Saudi Council for Health Specialities may consider developing and implementing a continuing medical education charter that addresses the needs of all stakeholders and emphasizes high quality and …

Geographical Distribution Of Biomedical Publications From The Gulf Corporation Council Countries, Margaret G. Northway, Dirk Deleu, Yolande Hanssens

Saudi Medical Journal

OBJECTIVE: It was our purpose to perform a geographical analysis for the number of biomedical and clinical research publications from the six countries of the Gulf Cooperation Council over the past decade (1990-1999). METHODS: Medline was searched with the aid of the Internet provider PubMed. By using the advanced search option, entries were based on the country name for each of the Gulf Cooperation Council countries and the time period considered. RESULTS: The number of Medline-listed biomedical research papers published in the Gulf Cooperation Council countries over the last 10 years totaled 6,960 and increased by 14% over the past …

Seroepidemiological Study Of Toxoplasma Gondii Infection In The Human Population In The Eastern Region, Abdul R. Al-Qurashi, Ahmed M. Ghandour, Obied E. Obeid, Abdulaziz Al-Mulhim, Suhair M. Makki

Saudi Medical Journal

OBJECTIVE: Toxoplasma gondii is an an obligate intracellular protozoan parasite that causes toxoplasmosis. The infection is worldwide, particularly in warm and moist climates. Few studies have been conducted on the prevalence of subclinical or overt disease in Saudi Arabia. No population-based study was conducted or the seroprevalence of toxoplasmosis in humans in Saudi Arabia and this initiated the present study. The present study aimed at studying seroprevalence of Toxoplasma IgG and IgM antibodies in sera from 5 areas in the Eastern Region of Saudi Arabia. METHODS: A population based epidemiological approach, prevalence according to lifestyle (urban or rural), gender (male …

Epilepsy In Saudi Children With Cerebral Palsy, Abdulsalam A. Al-Sulaiman

Saudi Medical Journal

OBJECTIVE: To study the clinical characteristics, electroencephalographic and computerized axial tomography profile in Saudi children with cerebral palsy who suffer epilepsy in a university referral center. METHODS: A total of 113 patients with cerebral palsy and epilepsy was seen (67 boys, 46 girls) with an over all mean age 5.3 years (range .2-12 years) during the study period (January 1998 - December 1999). They all had clinical evaluation and standardized electroencephalographic studies interpreted by the same examiner. RESULTS: The main clinical features were language delay (61%), hypotonia (45%), hypertonia (38%), and behavioral abnormalities (41%). Seizure types included generalized in 96 …

Corpus Callosum Agenesis, Roshan Koul, Alexander Chacko, Dilip K. Sankhla

Saudi Medical Journal

OBJECTIVE: The objectives are to analyse corpus callosum agenesis in children with various neurological problems in a hospital set-up, and to study the neurological and systemic abnormalities associated with this condition. METHODS: The children with various neurological problems who underwent computerized tomography brain from January 1993 to December 1997, and were found to have corpus callosum agenesis, formed the subjects of this study. These children were examined for any syndromic association, congenital infections or metabolic defects. RESULTS: Out of 2164 children who underwent computerized tomography brain, 22 had corpus callosum agenesis (1%). Most cases were not syndromic and 64% were …

Prevalence Of Hypertension In Obese And Non-Obese Saudis, Mohsen A. El-Hazmi, Arjumand S. Warsy

Saudi Medical Journal

OBJECTIVE: Obesity occurs at a high prevalence in the Saudi population. Studies in literature show that hypertension occurs more frequently in obese individuals.This study was designed to determine the prevalence of hypertension in obese Saudis in comparison with results obtained in non-obese individuals. METHODS: The screening involved a statistically designed household screening program. Only adults 14-70 years of age were included in the study. Blood pressure (systolic and diastolic) was measured when the individuals were in sitting position and height and weight were used to calculate Body Mass Index. All individuals with Body Mass Index > 30 were classified as obese …

Antibiotic Susceptibilities Of Helicobacter Pylori, Khalid M. Bindayna

Saudi Medical Journal

OBJECTIVE: The aim of this study was to evaluate the prevalence of resistance among 83 Helicobacter pylori isolates cultured from biopsies taken during routine endoscopies in 1998-1999. METHODS: Minimum Inhibitory Concentration of amoxicillin, tetracycline, clarithromycin and metronidazole were determined by Epsilometer test. RESULTS: Forty-seven strains (57%) were resistant to metronidazole, and 27 (32.5%) were resistant to clarithromycin. Twenty of the 27 strains resistant to clarithromycin were also resistant to metronidazole. None of the strains were resistant to amoxicillin or tetracycline. CONCLUSION: A high percentage of patients from Bahrain were infected with resistant strains of Helicobacter pylori. Antibiotic resistance monitoring is …

Epidemiology Of Bronchial Asthma Among School Boys In Al-Khobar City, Saudi Arabia, Kasim M. Al-Dawood

Saudi Medical Journal

OBJECTIVE: The objective of this cross-sectional study was to determine the prevalence of bronchial asthma among Saudi School boys at Al-Khobar city. METHODS: This is a cross-sectional study. The methodology included the distribution of a self administered questionnaire which was filled by the parents of 1482 school boys who satisfied the selection criteria of the study. RESULTS: The prevalence rate of Questionnaire Diagnosed Asthma and Physician Diagnosed Asthma were 9.5% and 8%. Questionnaire Diagnosed Asthma school boys and their parents suffered significantly higher rates of allergenic diseases and environmental factors (pets at home, passive smoking) than non Questionnaire Diagnosed Asthma. …

Analysis Of False Positive And False Negative Cytological Diagnosis Of Breast Lesions, Awatif A. Jamal, Ibrahim Mansoor

Saudi Medical Journal

OBJECTIVE: To study the reasons for interpretive errors in false negative and false positive diagnosis of breast carcinoma on fine needle aspiration cytology material. METHODS: We reviewed only those cases in which cytohistological discrepancies were found, where the cytologic material was abnormal and to some extent misinterpreted or both. RESULTS: There was only one false negative case (false negative fraction 0.32%) proved histologically as ductal carcinoma and four false positive cases (false positive fraction 1.2%); 2 fibroadenoma; 1 fibrocystic disease; and 1 stromal fibrosis. Smears of the two false positive fibroadenoma cases showed very high cellularity, overcrowded clusters and frequent …

Pseudolesion In Left Lobe Of The Liver Due To Superior Vena Cava Obstruction

Saudi Medical Journal

We report a case of lymphoma in which abnormal strong enhancement in the medial segment of left lobe of liver during arterial phase of triphasic helical computed tomography due to superior vena cava obstruction.

Enhancing Training And Presence In Virtual Environments Using Passive Haptics, Brent E. Insko

Link Foundation Modeling, Simulation and Training Fellowship Reports

One of the worst virtual environment experiences is to virtually contact something and feel nothing. Visual-haptic sensory conflicts are normally dominated by visual perception. Therefore, augmenting a high-fidelity visual virtual environment with low-fidelity haptic objects, called passive haptics, should markedly improve both sense of presence and task training effectiveness. Testing these hypotheses, I found adding a 1.5 inch physical ledge to a visual-cliff virtual environment increased participants' sense of presence as measured by subjective questionnaires, observed participant behaviors, and physiological responses. I next examined memory model creation and training effectiveness for a navigation task in a virtual environment with and …

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.

Genetics In Practice A Template For Interactive Case Studies, Erin Edwards, Andrew Walker, Kathleen Bergeson, John Louviere, Kris Robinson, J. W. Higgins

Instructional Technology and Learning Sciences Faculty Publications

Genetics & Your Practice, began in 1994 as a course for primary health care practitioners to get Continuing Medical Education (CME) credits and to help health care providers learn about the importance of genetic counseling and the fundamental difference between genetic counseling and traditional health care. In a collaborative project between the March of Dimes and Idaho State University Departments of Nursing (ISU) and Continuing Education/Special Programs, the course was converted to an online asynchronous course. Since the course was primarily didactic, ISU approached a team of graduate students at Utah State University’s Department of Instructional Technology (USU) to develop …

Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib

Faculty Scholarship

Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …