Digital Commons Network^™

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …

Clarence Thomas: The First Ten Years Looking For Consistency, Mark C. Niles

Faculty Publications

(Excerpt)

Ten years ago, when George Herbert Walker Bush nominated Clarence Thomas to replace Thurgood Marshall as an Associate Justice of the United States Supreme Court, I, like many Americans and most lawyers, waited with interest to hear information about this soon-to-be-powerful man. I had a vague recollection from my recent law school days of hearing about a young, conservative, black federal judge who might be inline for a nomination to the Court. This vague reference was all that I had heard of Clarence Thomas prior to the Fall of 1991.

When stories about Thomas began to appear in the …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Faculty Publications

Once, they say, freedom of contract reigned in American law. Parties could make agreements on a wide variety of subjects and choose the terms they wished. Courts would refrain from questioning the substance of bargains and would ensure only that parties had observed the proper formalities. In interpretation, objectivity was paramount. Courts would seek to ascertain, not what the parties had intended, but what a reasonable observer would understand the parties' words to mean. Contract law was a series of abstractions informed by individual autonomy and judicial deference.

This world, a classical paradise of doctrines with sharp corners, began to …

Community Prosecutors, Anthony V. Alfieri

Articles

No abstract provided.

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

Articles

No abstract provided.

Demystifying Disclosure: First Steps, Ronald A. Pearlman

Georgetown Law Faculty Publications and Other Works

I have chosen to discuss tax shelter disclosure for two reasons. First, I think much of the tax shelter problem is attributable to the historic lack of effective tax enforcement. Second, unlike Weisbach, I think enhanced disclosure - that is, some level of disclosure over and above that required by current law and administrative practice would contribute to improved enforcement and increase voluntary compliance. After some preliminary comments, I discuss three functions of a mandatory tax return disclosure regime. I then address some important implementation issues. I identify potentially relevant tax compliance literature, although my review of the literature has …

On The Hijacking Of Airplanes (And Agencies): The Faa, "Agency Capture," And Airline Security, Mark C. Niles

Faculty Publications

(Excerpt)

On September 11, 2001, millions of Americans watched in awe and horror as over a period of less than two hours, a succession of commercial airliners crashed first into the two World Trade Center towers in New York City, and then into the Pentagon in suburban Virginia. As government officials and news organizations scrambled in the first hours after the events to gather information, possible explanations for the crashes were offered. One theory was the obvious assumption that the planes had all been hijacked by "terrorists" using some kind of weapons (guns, bombs) that had presumably been smuggled onto …

In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole

Georgetown Law Faculty Publications and Other Works

In this Article, I seek to demonstrate the radical consequences that taking due process seriously would have for immigration detention as currently practiced. Part I lays out the general principles that apply to civil preventive detention, which establish that substantive due process is violated without an individualized showing after a fair adversarial hearing that there is something to prevent, namely danger to the community or flight. Part II applies this general framework to immigration detention. It first demonstrates, by a review of Supreme Court decisions, that the Court has applied the same due process principles to immigration detention that it …

Micrommata Virescens (Clerck, 1757), A New Species For The Spider Fauna Of Turkey (Araneae, Sparassidae), Abdullah Bayram, Sevda Özdağ

Turkish Journal of Zoology

The morphological characteristics of Micrommata virescens (Clerck, 1757), which is recorded for the first time in Turkey, are given.

U.S.-Iran Relations: Normalization In The Future?, Judith S. Yaphe

Strategic Forums

This Strategic Forum paper examines the prospects for normalization in U.S.–Iran relations, analyzing the historical evolution of bilateral tensions since the 1979 Iranian Revolution and the strategic barriers to sustained diplomatic engagement. The author evaluates the political, ideological, and security factors that have shaped U.S. policy toward Iran, including regional instability, nuclear concerns, and competing strategic priorities in the Middle East. The paper assesses whether changing geopolitical conditions or domestic political shifts could create opportunities for rapprochement, while recognizing enduring mistrust and structural obstacles. It concludes by outlining policy considerations for U.S. decisionmakers seeking to balance deterrence, regional security, and …

Discrete-Time Velocity-Based Multiple Model Networks, Ruiyao Gao, Seamus Mcloone, Eugene Dermot Coyle Professor

Conference papers

The velocity-based local model (LM) network is a novel modelling approach that overcomes the lack of interpretability associated with the conventional LM network technique. The global dynamics of the nonlinear network are directly related to the underlying sub-model dynamics. Thus, the velocity-based network is ideally suited to the development of local controller (LC) networks. Furthermore, the local models are continuous-time, velocity-based and linear, providing continuity with established linear theory. To date, research has focused on the continuous-time version of the velocity-based network. The application of digital computer is widely popular in the field of control and, therefore, this paper develops …

A Non-Linear Pid Controller For Cstr Using Local Model Networks, Ruiyao Gao, Aidan O'Dwyer, Eugene Dermot Coyle Professor

Conference papers

The basic PID controllers have difficulty in dealing with problems that appear in complex non-linear processes. This paper presents a practical non-linear PID controller that deals with these non-linear difficulties. It utilises a local model (LM) network, which combines a set of local models within an artificial neural network structure, to adaptively characterise the process non-linearity. Then a local controller network is formulated through a gating system deduced from the LMN to handle the non-linearity. A continuous stirred tank reaction (CSTR) case study illustrates the practicality of this method in the modelling and control of non-linear processes. PID controllers are …

Time Delay Estimation In Signal Processing Applications: An Overview, Aidan O'Dwyer

Conference papers

An extensive though scattered literature exists on the estimation of time delays in signal processing applications. However, it is possible to identify themes that are common to many of the available techniques. The intention of this paper is to provide a framework against which the literature may be viewed. In addition, original work on gradient based time delay estimation is described.

Towards An Expert System Approach For Pi Controller Design Of Delayed Processes, Michael Feeney, Aidan O'Dwyer

Conference papers

This paper will discuss the compensation of first order lag plus time delay (FOLPD) processes using PI controllers whose parameters are specified using appropriate tuning rules. The gain margin and phase margin of the compensated system, as the ratio of time delay to time constant of the process varies, are calculated for each tuning rule and an expert system is used to recommend a tuning rule for user defined requirements.

Regenerative Magnet Load Power Supply With Utility Friendly Operations, M. Sri Balaji, S. P. Das, Gopal Dubey, Malabika Basu

Conference papers

In the present paper, a utility friendly regenerative magnet load power supply has been proposed which can tolerate supply voltage dips and long duration sags or undervoltages and maintains unity input power factor under all operating conditions. The harmonics injected into the utility are much less and the total harmonic distortion (THD) complies with IEEE standards. Unity power factor at the input is maintained by using a synchronous link converter (SLC) as the front-end AC to DC converter with regenerative capability. The two-quadrant chopper in the second stage operates in a constant frequency current control mode and takes care of …

Dublin Visitor Suvery 2002, Gerard Dunne, Sheila Flanagan

Datasets

Each annual report contains data relating to a survey of 1000 overseas visitors to Dublin which look at their attitudes, motives and touristic behaviour. The key objectives of the survey was to improve the quality of urban tourism information within a Dublin City context and to provide those engaged in a wide range of tourism activities within Dublin city with the necessary information to make management decisions.

Corporate Governance Failures And The Managerial Duty Of Care, Cheryl L. Wade

St. John's Law Review

(Excerpt)

One of the questions explored in this Article is the potential role of corporate officers in revealing unlawful behavior within the firm. My focus is on officers who are not board members, and who are not themselves involved in conflicts or wrongdoing that may potentially harm the company-corporate officers such as Sherron Watkins. I examine the often-stated proposition that corporate officers owe a fiduciary duty of care.

In addition to suggesting a theoretical approach that distinguishes the managerial standard of care from the duty owed by directors, I offer a practical proposal that creates a relationship between board members …

Vicarious Snitching: Crime, Cooperation, And "Good Corporate Citizenship", Michael A. Simons

St. John's Law Review

(Excerpt)

This Article will examine corporate cooperation and the difficulties it can create for corporate decision-makers. Part I describes the principles of vicarious guilt that give prosecutors the power to demand corporate cooperation. Part II examines how prosecutors exercise their discretion in deciding whether to charge corporations with crimes. In Part III, the Article examines the cooperators. Just as a corporation's guilt is only vicarious, so too its cooperation can be only vicarious. In the end, it is not the corporation that cooperates, but its officers and directors-the men and women who make decisions for the corporation. For these vicarious …

Human Rights Responsibilities Of Private Corporations, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Article discusses the human rights responsibilities of private corporations. Part I addresses how decisions and activities of multinational corporations impact human rights. Part II examines corporate liability under human rights laws by examining trends in judicial decisions in the United States and foreign states and human rights instruments. Part III explores the types of human rights deprivations that multinational corporations might cause. The Article concludes by predicting that there will be increasing scrutiny of corporate deprivations of human rights at the domestic, regional, and international levels.

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Chimes Of Freedom: International Human Rights And Institutional Mental Disability Law, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Proper Treatment Of "Interpretative Choice" In Statutory Decision-Making, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Southern Memories 2002, Southern Adventist University

Yearbooks

Southern Adventist University's yearbook cover from the year 2002. Full text available upon request at McKee Library.

Columns Winter 2002, Southern Adventist University

Alumni Newsletter

Features the article "For: Children Around the World". Southern's participation in Operation Christmas Child benefits hundreds ot children overseas, and the project is expected to grow each year.

The Heartland Funds’ Receivership And Its Implications For Independent Mutual Fund Directors, Jeffrey J. Haas, Steven R. Howard

Articles & Chapters

No abstract provided.

The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.

Articles & Chapters

This article deals with dispute settlement in the World Trade Organization (WTO) and, in particular, with the relationship between panels and the Appellate Body. Its point of departure is the Asbestos case initially decided by a WTO panel in September 2000 and, on appeal, by the WTO Appellate Body in March 2001.

Wrestling With Jefferson: The Struggles Of A Biographer, Richard B. Bernstein

Articles & Chapters

No abstract provided.

Evaluation Of Nile Tilapia Pond Management Strategies In Egypt, Bartholomew W. Green, Zenab El Nagdy, Hussein Hebicha

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

Five pond management strategies for Nile tilapia (Oreochromis niloticus L.) production were evaluated in 0.1-ha earthen ponds in Egypt during a 145-day production cycle. Pond management strategies developed by the Pond Dynamics/Aquaculture Collaborative Research Support Program (PD/A CRSP) were compared to a traditional and to a modified Egyptian pond management strategy. Young-of-year Nile (mixed-sex or sex-reversed) tilapia were stocked into ponds at 20,000 fish ha^-1. Sex-reversed tilapia were stocked into chemical fertilization, organic fertilization plus formulated feed, and feed only treatment ponds, while mixed-sex tilapia were stocked into organic fertilization plus formulated feed, and chemical plus organic …

Ten Propositions About Legal Recognition Of Same-Sex Partners Symposium On Same-Sex Marriages, Civil Unions, And Domestic Partnerships, Arthur S. Leonard

Articles & Chapters

No abstract provided.