Digital Commons Network^™

Law's Constitution: A Relational Critique, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

It is a simple fact: we begin from others. Without others we, quite literally, could not live, feel, be born. Every mother, every mother's partner, every father, every child, knows this. But law sees these relations as something lesser, as foreign. Mention the word "relationship" to the average lawyer and she will likely assume that you are talking about sex, dating, or perhaps marriage. She may even wonder what "relationship" has to do with the law at all.

In this paper, the author wonders whether it is possible to flip that equation, to think of the relational as central, rather …

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?

This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …

The War On Terrorism And The End Of Human Rights, David Luban

Georgetown Law Faculty Publications and Other Works

In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …

Yale Rosenberg: The Scholar And The Teacher Of Jewish Law, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

In the early 1980s, when he was a young professor at the University of Houston Law Center, the author had the occasion to meet Yale Rosenberg. It was clear from their discussion that Professor Rosenberg had a strong interest in Jewish law as well as a strong knowledge base. They discussed teaching such a course at the University of Houston Law Center. Professor Rosenberg was doubtful about teaching a course in Jewish law at a secular law school, particularly one in Texas. But that conversation began a series of conversations where Yale explored in some depth the course that we …

Drifting Apart: How Wealth And Race Segregation Are Reshaping The American Dream, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Sometime after mid-century, no one racial or ethnic group will be in the majority in the United States. America therefore has two choices in terms of how it will respond to complex diversity. It can forge a new, exciting, multi-cultural identity. Or it can balkanize.

A Voice Of Reason: The Products Liability Scholarship Of Gary T. Schwartz, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

Of my many fond personal memories of Gary Schwartz, the one that stands out most vividly summons from the mists of time an evening in June 1983 at Boston's Fenway Park. It was my last visit to a childhood haunt where I had seen my first professional baseball game in 1941, an occasion that marked the beginning of a lifelong passion for the national pastime. Settled into an excellent seat that faced the storied left-field wall (and brought to mind visions of the large advertisements that covered its surface before it became known as the "Green Monster”,), I began to …

What Would It Take To Feel Safe?, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

What would it take to make people feel safe? What message will those who would wage peace offer to this beleaguered planet? There is indeed a threat. I will call that threat terrorist fascism because that is what it is. It thwarts human beings in pursuit of the most basic need identified by psychologists: The need to feel their bodies are safe. This threat is horrible indeed, and the road to ending it is long and hard. I do not know all we need to do to end terrorist fascism, but what I know of history tells me that militarism …

Are Judges Motivated To Create "Good" Securities Fraud Doctrine?, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

‘How Do Judges Maximize? (The Same Way Everybody Else Does – Boundedly): Rules of Thumb in Securities Fraud Opinions’, by Stephen M. Bainbridge and G. Mitu Gulati, confronts the reader with a theory about judicial behavior in the face of complex, "unexciting" cases such as those involving securities fraud. The story is simple: few judges find any opportunity for personal satisfaction or enhanced reputation here, so they simply try to minimize cognitive effort, off-loading much of the work that has to be done to their clerks. The evidence that Bainbridge and Gulati offer is the creation of some ten or …

When Litigation Is Not The Only Way: Consensus Building And Mediation As Public Interest Lawyering, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

British social philosopher Stuart Hampshire recently articulated the fundamental and foundational principles of the modem conflict resolution movement (and I do call it a movement). He asserted that, "there will always be a plurality of different and incompatible conceptions of the good and there cannot be a single comprehensive and consistent theory of human virtue. Correspondingly, "our political enmities in the city or state will never come to an end while we have diverse life stories and diverse imaginations.'' Hampshire, a socially progressive, socialist philosopher hoped to articulate universal conceptions of the good. In his lifetime of reflection on this …

Law And Prudence In The Law Of Justiciability: The Transformation And Disappearance Of The Political Question Doctrine, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay develops the foregoing argument by examining, in Section I, the transformation of the political question doctrine from Baker v. Carr through Walter Nixon v. United States. Section II charts a similar, perhaps even more dramatic transformation of the law of standing. Section I then examines Bush v. Gore, explaining how older doctrines of standing and political questions might have been thought relevant there. It argues as well that the very fact that those doctrines went unmentioned by the Court shows why we must take a historically grounded view of justiciability doctrines. Section IV sketches the historical settings in …

"I Will Have To Look At Him"| An Ecocritique Of Faulkner's "The Bear", Jason J. Barton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Do Highways Influence Population Connectivity In Small Mammals?, Reesa Yale Conrey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Effect Of Discharge Variation On Suspended Sediment And Particulate Contaminant Transport Through Milltown Reservoir Montana, Jan A. Shifflett

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

E-Textbooks : Will There Be A Role For The College Bookstore In Their Distribution?, Anne E. Iverson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Adopt A Pal": An Application Of The Transtheoretical Model, Chad A. Spangler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Pronunciation Of English As A Second Or Foreign Language Learners [Sic] : The Reexamination Of Teaching Pronunciation, Yukari Ryu

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

"Grim Realities Of Involuntary Motherhood" Montana Women And The Birth Control Movement 1900-1940, Dana V. Green

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …

Organophosphorous Insecticide Contamination In Streams: Insects As Bioindicators, Brian M. Andersen

Dissertations and Theses @ UNI

Organophosphorous (OP) insecticides are widely used around the world to control pests. These insecticides can enter streams and rivers and impact nontarget aquatic organisms by inhibiting acetylcholinesterase (ACE), a nervous system enzyme necessary for normal behavior and survival. However, these contamination events are usually brief and often missed by chemical analyses attempting to detect OP insecticides. Although ACE activity has been used as a bioindicator of OP insecticide exposure in humans and wildlife for many years, few studies have investigated using aquatic insect ACE activity as a potential bioindicator of OP insecticide contamination in streams. This study used the mayfly …

The Adequacy Of International Law For Arms Control – Post Sept. 11: Arms Control And Nonproliferation, Antonio F. Perez

Scholarly Articles

Arms control was never an end in itself. Arms control and nonproliferation policy always had as their goals increasing international security. It may be worth recalling that, in response to having it called to his attention that he had changed his views on a matter, Lord Keynes is widely reported to have quipped, "When the facts change, what do you do?" Indeed, as Lord Keynes also once said, "There is no harm in sometimes being wrong-especially if one is promptly found out."

The question for this panel is whether the sea change in strategic thinking reflected in the arms control …

Legal Services Provision Through Non- Profit Multidisciplinary Practice – Encouraging Holistic Advocacy, While Protecting Ethical Interests, Stacy Brustin

Scholarly Articles

This Article examines the current debate on multidisciplinary practice (MDP) in the context of legal services provision in a non-profit setting and suggests ways for advocates and non-profit organizations to reap the benefits of MDP while avoiding the potential ethical pitfalls of such arrangements. Part I of the Article outlines the benefits of using a multidisciplinary model to address the legal needs of clients who are traditionally marginalized from the United States legal system. Part II explores the ethical debate surrounding multidisciplinary practice and analyzes whether the current rules of professional conduct prohibiting multidisciplinary practice apply to nonprofit organizations. Part …

Old Testament Justice: The Mirror Of Justice Lecture, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Attachment Object Effects On Children's Anxiety During School-Related Transitions, Lauriann M. Jones

UNF Graduate Theses and Dissertations

Because a child's first day of school can be anxiety provoking, familiar soothing inanimate objects, such as blankets, might help to minimize discomfort related to this novel situation. The current study examined the anxiety level of twenty-six one- to four-year-old children and their mothers at three times 1) before the first day of school, 2) during separation from their mother on the first day of school, and 3) after home from their first day of school. Maternal report was used to assess child and mother anxiety levels (Likert scale 0- 10) and child level of attachment to a familiar inanimate …

Constructing A Public Community College Presidency: A Retrospective Study, Annabel Brooks

UNF Graduate Theses and Dissertations

This retrospective, qualitative case study examined the complexities of leadership in a community college setting under a single, long-term president. Six critical events were identified by 16 key informants as a basis for reflection on their views of the 23-year presidency of Dr. William Seeker at Florida Keys Community College.

The researcher found a highly participatory leadership model and a college that functions in a less hierarchical manner than is traditionally encountered in community colleges. The study further revealed that the president of Florida Keys Community College expanded the role of president by giving priority to the construction of a …

Causes Of Student Underachievement In Northside New Era Secondary School In Ghana, Edward Larbi

UNF Graduate Theses and Dissertations

This study focused on the causes of student underachievement in a selected high school in Ghana. The anonymous name chosen for the school was Northside New Era Secondary School. The participants in the study were administrators, teachers, and students. They were selected from the same school where the researcher conducted the study. The school was located in the Northern Region of Ghana. It had proven records of underachievement compared to other schools in the country according to the Ministry of Education's recent statistical report on education. The criterion for measurement was based on the results of the final examination conducted …

Decision Makers' Thinking During The Design And Implementation Of A K-5 High-Computer-Access (Hca) Program, Constance Dianne Gutknecht

UNF Graduate Theses and Dissertations

As present trends in education indicate, learning with technology is increasingly being considered as a means of instructional delivery for K-1 2 learners. Educational leaders must be informed of how to provide the experiences, skills, and knowledge required of the learners for whom they are responsible.

This qualitative study examined the conceptualization of a school district's attempt to design and implement a high-computer-access (HCA) program. Research methodologies included interview, observation, and analysis of related documents. The results comprised the thinking of the HCA program designers and how they viewed learning theory and effective instruction principles in relationship to the HCA …

The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh

Scholarly Articles

Most people prefer not to inflict gratuitous pain on other sentient beings, especially other humans. What, then, should be the legal system's reaction to the mounting evidence that in late-term abortions doctors are inflicting just such pain on fetuses who have the anatomical, physiological, and neurological capacity to experience it? The pain being inflicted is gratuitous because it can be easily avoided with no significant increases in cost or health risk by the administration of tar geted fetal pain relief. If informed that an abortion is likely to cause pain to the fetus and given a choice between a procedure …

Feminist Issues And Concerns In The Fictions Of Two Egyptian Women Writers: Alifa Rifaat And Nawal El-Saadawi, Shafiqa Anwar Fakir

Dissertations and Theses @ UNI

This thesis involves an examination of feminist issues and concerns in the fictions of two contemporary Egyptian women writers: Alifa Rifaat and Nawal el-Saadawi. The main focus will be on illuminating the social, sexual, economical problems that the literary female characters encounter and how they deal with these various forms of oppressions. Examination of these author's lives and works illustrates the complexity of women within the boundaries of the same nation in matters of gender justice and equality. This further, implicitly, illustrates the complexity of Arab women who tend to be viewed as a cohesive whole.

A Pneumatically Actuated Manipulandum For Neuromotor Control Research, Aaron J Suminski, Kristina M. Ropella, Robert A. Scheidt

Biomedical Engineering Faculty Research and Publications

Functional magnetic resonance imaging (fMRI) techniques have great potential for identifying which neural structures are involved in the control of goal-directed reaching movements. However, fMRI techniques alone are not capable of probing the neural mechanisms involved in acquisition of novel motor behaviors because such studies require that the moving limb be perturbed in a controlled fashion. We outline a plan to design and develop a non-metallic, pneumatically actuated tool that, along with systems identification techniques and functional magnetic resonance imaging (fMRI), will characterize and quantify how the human central nervous system uses sensory information during practice-based motor learning.

Dimensions Of Servant-Leadership In American Not-For-Profit Hospitals, William C. Mason

UNF Graduate Theses and Dissertations

The leadership of American not-for-profit hospitals is one context in which servant-leadership finds appropriate expression. However, little research exists that explores the sources of servant-leadership within the leader, what processes leaders use to engage in servantleadership, or what impact servant-leadership has on organizations and communities. This research presents a new perspective offering insight into those questions.

The Dimensions of Servant-Leadership in American Not-for-Profit Hospitals is a qualitative study of the lives and works of four chief executive officers of successful not-for-profit health systems identified as exemplars of servant-leadership. The researcher further examined perceptions of servant-leadership among colleagues of each of …