Digital Commons Network^™

The Effectiveness Of Catholic College And University Student Discipline/Judicial Processes As Measured By The Recidivism Rate, Frances L. O'Reilly

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

From Having Copies To Experiencing Works: The Development Of An Access Right In U.S. Copyright Law, Jane C. Ginsburg

Faculty Scholarship

This essay addresses how current U.S. copyright law responds to new forms of distribution of copyrighted works, through the emerging right to control digital access to copyrighted works, as set out in § 1201 of the 1998 Digital Millennium Copyright Act. When the exploitation of works shifts from having copies to directly experiencing the content of the work, the author's ability to control access becomes crucial. Indeed, in the digital environment, without an access right, it is difficult to see how authors can maintain the exclusive Right to their Writings that the Constitution authorizes Congress to secure. Even if Congress …

Instream Flow And Water Regime Of Selected Riparian Habitats In West-Central Montana, Stephanie K. Mulica

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Women For The Wild: Douglas Edge Murie And The American Conservation Movement., Mary Anne Peine

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Pennsylvania Politics 1854-1860, Oliver L. Pflug

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Some Extensions Of Loewner's Theory Of Monotone Operator Functions, Daniel Alpay, Vladimir Bolotnikov, A. Dijksma, J. Rovnyak, A. Dijksma

Mathematics, Physics, and Computer Science Faculty Articles and Research

Several extensions of Loewner’s theory of monotone operator functions are given. These include a theorem on boundary interpolation for matrix-valued functions in the generalized Nevanlinna class. The theory of monotone operator functions is generalized from scalar- to matrix-valued functions of an operator argument. A notion of -monotonicity is introduced and characterized in terms of classical Nevanlinna functions with removable singularities on a real interval. Corresponding results for Stieltjes functions are presented.

West Yellowstone : Tourism Residents And Seasonal Workers In A Gateway Community, Casey S. Wilson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Tradition, Principle And Self-Sovereignty: Competing Conceptions Of Liberty In The United States Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

The “liberty” protected by the United States Constitution has been variously interpreted as the “liberty” of thinking persons to speak, worship and associate with others, unimpeded by onerous state law; the liberty of consumers and producers to make individual market choices, including the choice to sell one’s labour at any price one sees fit, free of redistributive or paternalistic legislation that might restrict it; and the liberty of all of us in the domestic sphere to make choices regarding reproductive and family life, free of state law that might restrict it on grounds relating to public morals. Although the United …

Trust And Betrayal In The Medical Marketplace, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues in this Comment that disingenuity as first resort is an unwise approach to the conflict between our ex ante and our later, illness-endangered selves. Not only does rationing by tacit deceit raise a host of moral problems, it will not work, over the long haul, because markets reward deceit's unmasking. The honesty about clinical limit-setting that some bioethicists urge may not be fully within our reach. But more candor is possible than we now achieve, and the more conscious we are about decisions to impose limits, the more inclined we will be to accept them without experiencing …

Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay does not attempt to specify the privacy rights that users might assert against the purveyors of DRM systems. Instead, it undertakes a very preliminary, incomplete exploration of several questions on the "property" side of this debate. What is the relationship between rights in copyrighted works and rights in things or collections of bits embodying works? In particular, as the (popular and legal) understanding of copies of works as residing in "things" becomes largely metaphorical, how should the law construct and enforce boundedness with respect to those copies? Does the calculus of property and contract allow for consideration of …

Antonin Scalia, Baruch Spinoza, And The Relationship Between Church And State, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

I begin with an outline of Spinoza's philosophy on church and state, followed by a demonstration that Scalia is headed in the same direction. I conclude by considering how Spinoza and Scalia might react to recent litigation in South Dakota involving an excommunication from a close-knit religious community, the Hutterite Church.

Thin Place, Kerri Rosenstein

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

In this essay, the author wants to outline briefly both some of the ways in which the assumptions and categories of international law can be damaging to women, and also some of the ways in which creative feminists could use international law to transform both international policy and the domestic political and legal discourse. In the wake of September 11, a robust feminist engagement with international law and policy is more urgent than ever before.

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.