Digital Commons Network^™

Terrorizing Immigrants In The Name Of Fighting Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

It is often said that civil liberties are the first casualties of war. It may be more accurate to say that immigrants' civil liberties are the first to go. In the wake of the devastating terrorist attacks of September 11, we all feel vulnerable in ways that we have never felt before, and many have argued that we may need to sacrifice our liberty in order to purchase security. In fact, however, what we have done is to sacrifice the liberties of some-immigrants, and especially Arab and Muslim immigrants-for the purported security of the rest of us. This double standard …

Architecture As Crime Control, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Building on work in architectural theory, this Article demonstrates how additional attention to cities, neighborhoods, and individual buildings can reduce criminal activity. The field of cyberlaw has been transformed by the insight that architecture can regulate behavior in cyberspace; this insight will now be applied to the regulation of behavior in real space. The instinct of many lawyers, however, is to focus on legal rules, without thinking about the constraint of physical space. Ironically, even an architectural problem in crime control - "broken windows" - has prompted legal, not architectural solutions. Four architectural concepts are considered: increasing an area's natural …

When Voluntary, Incentive-Based Controls Fail: Structuring A Regulatory Response To Agricultural Nonpoint Source Water Pollution, Douglas R. Williams

All Faculty Scholarship

This article is part of the Symposium, Sustainable Agriculture: Food for the Future. Recognizing that, to date, farms had largely escaped regulation under the Clean Water Act, and that agricultural nonpoint source pollution is a leading contributor to impaired water quality, this article advocates for a regulatory response to such pollution. It considers existing programs to control nonpoint source pollution and demonstrates that they are inadequate. The article makes three recommendations: (1) an increased federal regulatory presence is needed; (2) the costs of implementing nonpoint source controls should be distributed in a pragmatic way that recognizes the extraordinary organizational presence …

Whither Antitrust? The Uncertain Future Of Competition Law In Health Care, Thomas L. Greaney

All Faculty Scholarship

Although instrumental in ushering in competition to the health care industry and later in safeguarding the competitive structure of markets, antitrust law has come under attack. A series of questionable judicial decisions has clouded the standards applicable to analyzing health care markets. Legislative efforts to immunize conduct from antitrust challenge also have gathered support in recent years. This study finds scant economic or policy basis for these developments and concludes that anti-managed sentiments have diluted enthusiasm for applying competitive principles in health care. This phenomenon has resulted in outcome-driven judicial decisions and legislative activity geared to serving political expediency rather …

Searching For Commercial Reasonableness Under The Revised Article 9, Michael Korybut

All Faculty Scholarship

Under U.C.C. Article 9, a secured party selling repossessed collateral must conduct a commercially reasonable sale. Under the old Article 9, courts and commentators debated the question of whether the foreclosure sale process and its procedural regularity should measure the sale's commercial reasonableness or whether instead the main focus of inquiry should be the reasonableness of the proceeds produced by the sale. This question spawned conflicting and non-uniform judicial approaches, most simply described as the "procedures test" versus "proceeds test."

In 2001 Article 9 was revised. The revisions included changes that addressed, but did not explicitly resolve, the question of …

Factual Causation In Toxic Tort Litigation: A Philosophical View Of Proof And Certainty In Uncertain Disciplines, Danielle Conway-Jones

University of Richmond Law Review

The headline reads: "Town clenched in suffocating grip of as- bestos: W.R. Grace & Co. closed its vermiculite mine in Libby, Mont[ana], 10 years ago, but hazardous material was embedded in the ore. Experts attribute many cases of lung disease to what they call secondary exposure." Lately, exposure to toxic substances and harm to human health and the environment have become the norm, not the exception. Within the United States and its territories alone, environmental groups, as well as individuals, have documented the proliferation of harmful exposure to toxic substances from as far away as Kaho'olawe, Hawai'i, to as close …

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …

Foreword, William E. Spruill

University of Richmond Law Review

This, the ninth annual Allen Chair Symposium issue of the University of Richmond Law Review, includes four spirited articles centered around the Symposium's 2001 topic: Lawyer Advertising in the Electronic Age. Rodney A. Smolla, in The Puffery of Lawyers, argues that there are many reasons why bar regulators around the nation should cease restricting lawyer advertising in the absence of evidence that such puffery confuses or misleads consumers. In Change is in the Air: Lawyer Advertising and the Internet, Louise L. Hill examines the current and future status of lawyers using cyberspace to promote their services. William E. Hornsby, Jr., …

Normalized Natural Gradient Adaptive Filtering For Sparse And Nonsparse Systems, Steven L. Grant, S.C. Douglas

Electrical and Computer Engineering Faculty Research & Creative Works

This paper introduces a class of normalized natural gradient algorithms (NNG) for adaptive filtering tasks. Natural gradient techniques are useful for generating relatively simple adaptive filtering algorithms where the space of the adaptive coefficients is curved or warped with respect to Euclidean space. The advantage of normalizing gradient adaptive filters is that constant rates of convergence for signals with wide dynamic ranges may be achieved. We show that the so-called proportionate normalized least mean squares (PNLMS) algorithm, an adaptive filter that converges quickly for sparse solutions, is in fact an NNG on a certain parameter space warping. We also show …

Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill

University of Richmond Law Review

Today, virtually all the large law firms, as well as most of the small firms, have Web sites. These sites established by law firms vary considerably, with many containing a great deal of material that is informational in nature. When considering whether state ethics rules are applicable to lawyer communications on the Internet, an initial question is whether the communication is commercial speech. Regulations on advertising and solicitation that impose restrictions on commercial speech are limited to speech of that kind. This notwithstanding, states have uniformly held that these communications are subject to regulation under their respective rules governing lawyer …

On The Modeling Of A Gapped Power-Bus Structure Using A Hybrid Fem/Mom Approach, Yun Ji, Todd H. Hubing

Electrical and Computer Engineering Faculty Research & Creative Works

A hybrid finite-element-method/method-of-moments (FEM/MoM) approach is applied to the analysis of a gapped power-bus structure on a printed circuit board. FEM is used to model the details of the structure. MoM is used to provide a radiation boundary condition to terminate the FEM mesh. Numerical results exhibit significant errors when the FEM/MoM boundary is chosen to coincide with the physical boundary of the board. These errors are due to the inability of hybrid elements on the boundary to enforce the correct boundary condition at a gap edge in a strong sense. A much better alternative is to extend the MoM …

Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan

University of Richmond Law Review

There is an almost heretical disenchantment with law percolating within the legal academy. Conventional wisdom sees law as the natural solution to problems of collective action. When attaining some societal good-for example, a clean environment, a stock of useful technologies, a public education system, or a transportation infrastructure-depends on the willingness of individuals to behave in a manner that is not in their material interest, the law supplies incentives-such as tax abatements for nonpolluters, property rights for inventors, and punishments for tax cheats-that bring individual interests into alignment with collective ones. The problem, though, is that a regime of regulatory …

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.

Power Bus Isolation Using Power Islands In Printed Circuit Boards, J. Chen, Todd H. Hubing, Richard E. Dubroff, Thomas Van Doren

Electrical and Computer Engineering Faculty Research & Creative Works

Power islands are often employed in printed circuit board (PCB) designs to alleviate the problem of power bus noise coupling between circuits. Good isolation can be obtained over a wide frequency band due to the large series impedance provided by the gap between the power islands. However, power bus resonances may degrade the isolation at high frequencies. The amount of isolation also depends on the type of connection between power islands and the components on the board. This paper experimentally investigates the effectiveness of several power island structures up to 3.0 GHz

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

All Faculty Scholarship

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …

The Investment Opportunity Set And Capitalization Versus Expensing Methods Of Accounting Choice, Dan S. Dhaliwal, William G. Heninger, K.E. Hughes Ii

Faculty Publications

This paper examines the effects of the investment opportunity set (IOS) on management's decision to capitalize or expense significant costs in two diverse settings: (1) in accounting for exploration and development (E&D) costs by firms in the oil-and-gas industry, and (2) in accounting for research and development (R&D) costs by firms (across industries) prior to 1974. We argue that the relation between the IOS and the decision to capitalize versus to expense is based upon managerial incentives to reduce the variance of accounting earnings. High-growth firms are more likely to have more variable earnings, which therefore creates greater incentives to …

Parental Psychological Control: Implications For Childhood Physical And Relational Aggression, David A. Nelson, Nicki R. Crick

Faculty Publications

Children who experience difficulties with peers also tend to experience both concurrent social–psychological difficulties and long-term negative developmental outcomes. Specifically, a significant amount of research has identified peer rejection and isolation as significant precursors to academic troubles and socially deviant behavior (DeRosier, Kupersmidt, & Patterson, 1994; Kupersmidt, Coie, & Dodge, 1990; Parker & Asher, 1987; Parker, Rubin, Price, & DeRosier, 1995). Substantial research and intervention efforts have consequently been dedicated to an understanding of the problem behaviors commonly identified as correlates or antecedents of peer rejection. Childhood aggression is one of the most significant predictors of peer rejection, and has …

Racial Justice: Moral Or Political?, Kendall Thomas

Faculty Scholarship

Nearly one hundred years ago, W.E.B. DuBois predicted that the problem of the 20th century would be the problem of the color line. Were he writing today, DuBois might well conclude that in the U.S., the problem of the coming century will be the problem of the color-bind. Although Americans arguably remain "the most 'race-conscious' people on earth," our national conversation about "race" now stands at an impasse. Our ways of talking, or refusing to talk, about race increasingly speak past the racialized dilemmas of educational equity, affirmative action, poverty, welfare reform, housing, lending, labor and employment discrimination, health …

Law Enforcement Under Incomplete Law: Theory And Evidence From Financial Market Regulation, Chenggang Xu, Katharina Pistor

Faculty Scholarship

This paper studies the design of law-making and law enforcement institutions based on the premise that law is inherently incomplete. Under incomplete law, law enforcement by courts may suffer from deterrence failure, defined as the social-welfare loss that results from the regime's inability to deter harmful actions. As a potential remedy a regulatory regime is introduced. The major functional difference between courts and regulators is that courts enforce law reactively, that is only once others have initiated law enforcement procedures, while regulators enforce law proactively, i.e. on their own initiative. Proactive law enforcement may be superior in preventing harm. However, …

Definability, Canonical Models, And Compactness For Finitary Coalgebraic Modal Logic, Alexander Kurz, Dirk Pattinson

Engineering Faculty Articles and Research

This paper studies coalgebras from the perspective of the finitary observations that can be made of their behaviours. Based on the terminal sequence, notions of finitary behaviours and finitary predicates are introduced. A category Behω(T) of coalgebras with morphisms preserving finitary behaviours is defined. We then investigate definability and compactness for finitary coalgebraic modal logic, show that the final object in Behω(T) generalises the notion of a canonical model in modal logic, and study the topology induced on a coalgebra by the finitary part of the terminal sequence.

Modal Predicates And Coequations, Alexander Kurz, Jiří Rosický

Engineering Faculty Articles and Research

We show how coalgebras can be presented by operations and equations. This is a special case of Linton’s approach to algebras over a general base category X, namely where X is taken as the dual of sets. Since the resulting equations generalise coalgebraic coequations to situations without cofree coalgebras, we call them coequations. We prove a general co-Birkhoff theorem describing covarieties of coalgebras by means of coequations. We argue that the resulting coequational logic generalises modal logic.

Exit Strategy: State Legal Discretion To Environmentally Sculpt The Deregulating Electric Environment, Steven Ferrey

Suffolk University Law School Faculty Works

Exit fees are a key regulatory tool to allocate the risk of power deregulation. Forty percent of the states have elected to restructure and at least significantly deregulate their retail power sectors. This involves a substantial change in the legal rules that govern one of the essential segments of the economy. Deregulation allows power consumers to leave traditional monopoly utility supply and shift to competitive sellers of power, and in certain states, many consumers have done so. How can states treat the stranded costs of the monopoly utilities? This article explores the issue of exit fee regulation of the various …

What Enron Means For The Management And Control Of The Modern Business Corporation: Some Initial Reflections, Jeffrey N. Gordon

Faculty Scholarship

The Enron case plays on many different dimensions, but its prominence is not merely part of popular culture's obsession with scandal du jour. Rather, the Enron situation challenges some of the core beliefs and practices that have underpinned the academic analysis of corporate law and governance, including mergers and acquisitions, since the 1980s. These amount to an interlocking set of institutions that constitute "shareholder capitalism," American-style, 2001, that we have been aggressively promoting throughout the world. We have come to rely on a particular set of assumptions about the connection between stock market prices and underlying economic realities; the reliability …

Patent Signals, Clarisa Long

Faculty Scholarship

Courts and commentators often treat intellectual property as if the private value of the rights stemmed entirely from the control legal rules conferred over the protected subject matter. While the literature has devoted an enormous amount of time, paper, and ink to the discussion of whether legal rules grant the optimal amount of exclusivity, it has not considered whether it has been examining all the functions of patents This Article provides a new general framework for analyzing the function and effect of intellectual property rules. Rather than focusing on patents as a mechanism for privatizing information, this Article instead frames …

Trade And Poverty In The Poor Countries, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

While freer trade, or “openness” in trade, is now widely regarded as economically benign, in the sense that it increases the size of the pie, the recent anti-globalization critics have suggested that it is socially malign on several dimensions, among them the question of poverty.

Their contention is that trade accentuates, not ameliorates, and that it deepens, not diminishes, poverty in both the rich and the poor countries. The theoretical and empirical analysis of the impact of freer trade on poverty in the rich and in the poor countries is not symmetric, of course. We focus here only on the …

Separability And Competence-Competence In International Arbitration: Ex Nihilo Nihil Fit? Can Something Indeed Come From Nothing?, Robert H. Smit

Faculty Scholarship

The doctrine of separability provides that an arbitration clause is “separable” from the contract containing it and thus may survive a successful challenge to the validity of the contract. The doctrine of competence-competence provides that arbitrators have jurisdiction to decide challenges to the arbitration agreements upon which their own jurisdiction is based. These two doctrines have appropriately been called the conceptual cornerstones of international arbitration as an autonomous and effective form of international dispute resolution. The doctrines, taken together, ensure that the parties’ intent to arbitrate any disputes that arise out of their international contractual relationship is effectuated without undue …

School Vouchers And Religious Liberty: Seven Questions From Madison's Memorial And Remonstrance, Vincent A. Blasi

Faculty Scholarship

In the immediate aftermath of the Revolutionary War, many upstanding citizens of the fledgling state of Virginia were not pleased. They were, in fact, appalled by the decline they perceived in the state of public morals. Newspaper editorials, sermons, and speeches in public assemblies resounded with references to the recent upsurge in gambling, whoring, cockfighting, and public drunkenness. That such departures from the straight and narrow are not uncommon in postwar periods, following all the social dislocations of military mobilization, was no consolation to Virginians eager to show a doubting world that government by the people could work.

The root …

Something To Remember, Something To Celebrate: Women At Columbia Law School In, Barbara Aronstein Black

Faculty Scholarship

In this issue the Columbia Law Review joins in the celebration the 75th anniversary of the admission of women to the Columbia Law School. I am grateful to the editors of the Review for inviting me to contribute, and for the open-endedness of the invitation (or, in other words, what follows is my fault, not theirs). This has been an opportunity for me to do some research, some recalling and some reflection (and to tell a few stories). My research is incomplete, one might say sketchy, but I trust reliable as far as it goes. My recollections may well not …

Natural Law And Public Reasons, Kent Greenawalt

Faculty Scholarship

In this Lecture I shall discuss the reasons that officials and citizens should rely upon in American politics. In recent years, various theorists have claimed that people in liberal democracies should rely in politics on "public reasons," reasons that are accessible to all citizens. Others have objected that such a counsel is unreasonable, if not incomprehensible. I shall concentrate on two facets of this issue. First, does the law exemplify a structure of public reasons – that is, do judges deciding cases draw on a stock of public reasons that is narrower than all the reasons one might give for …

Rates Of Reversible Error And The Risk Of Wrongful Execution, James S. Liebman

Faculty Scholarship

Innocent fatalities are a concern of all social activity with a capacity to kill. This is especially true when the social activity is the death penalty since an innocent person's execution is not simply a tragic collateral consequence of activity with a non-fatal objective. Instead, the taking of life is the goal of the enterprise, and the killing is the intended act of the state.

There is another difference between accidental fatalities in other social activities and those that occur when the capital system miscarries. Typically, the former fatalities are easy to spot and quantify; the latter are not. Precisely …