Digital Commons Network^™

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 …

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn

Georgetown Law Faculty Publications and Other Works

The debate over human embryonic stem cell research-scientific and clinical prospects as well as ethical implications-became front-page news only after two teams of university researchers reported in November 1998 that they had isolated and cultured human pluripotent stem cells. The discovery caused a flurry of excitement among patients and researchers and drew attention from President Clinton, who instructed the National Bioethics Advisory Commission (NBAC) to "conduct a thorough review of the issues associated with. .. human stem cell research, balancing all medical and ethical issues.”

The Competitive Effects Of Passive Minority Equity Interests: Reply, Steven C. Salop, Daniel P. O'Brien

Georgetown Law Faculty Publications and Other Works

In a recent article published in this journal, Jon Dubrow examines the acquisitions of passive minority equity interests. The focus of his article is the treatment of these transactions by the courts and the federal antitrust agencies, including their treatment of the investment-only exemption from Section 7 of the Clayton Act. One section of the article discusses the economic foundation for the competitive effects analysis of these acquisitions, focusing mainly on our article recently published in this journal. Dubrow accepts the basic economic framework set out in our earlier article, and the analysis of factors that affect the acquiring firm's …

Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

It is natural - I suppose it is expected - for every Solicitor General to hold forth at some point during his tenure with pearls of wisdom on the Twelve Secrets, or Ten Commandments, or Five Essential Rules of effective oral advocacy. I have always been reluctant to do that . . . reluctantly, after years of resistance, I too will unburden myself of a few principles. First, though, I would like to reach back in history for some inspiration by reflecting a bit on Daniel Webster.

Curbing Our Appetite For Wood Products| Market Obstacles And Opportunities For Alternative Building Materials, Amy Stix

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Absent American Indian Treaties: A Guide To Treaties Never Referenced At The Federal Court Level, Charles D. Bernholz

University of Nebraska-Lincoln Libraries: Faculty Publications

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 …

Effects Of Lipid And Glucose On In Vitro Nodule Formation And Calcification By Sheep Aortic Smooth Muscle Cells, Amy E. Osborne

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Using A Neuro-Fuzzy-Genetic Data Mining Architecture To Determine A Marketing Strategy In A Charitable Organization's Donor Database, Korakot Hemsathapat, Cihan H. Dagli, David Lee Enke

Engineering Management and Systems Engineering Faculty Research & Creative Works

This paper describes the use of a neuro-fuzzy-genetic data mining architecture for finding hidden knowledge and modeling the data of the 1997 donation campaign of an American charitable organization. This data was used during the 1998 KDD Cup competition. In the architecture, all input variables are first preprocessed and all continuous variables are fuzzified. Principal component analysis (PCA) is then applied to reduce the dimensions of the input variables in finding combinations of variables, or factors, that describe major trends in the data. The reduced dimensions of the input variables are then used to train probabilistic neural networks (PNN) to …

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

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 …

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, …

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 …

Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman

Scholarly Articles

No abstract provided.