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2002

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Proposals Submitted In Fiscal Year 2002, Grants Development Office Jan 2002

Proposals Submitted In Fiscal Year 2002, Grants Development Office

Grants Development Office Reports

No abstract provided.


Annual Summary Of Grant And Contract Activity Fiscal Year 2002, Grants Development Office Jan 2002

Annual Summary Of Grant And Contract Activity Fiscal Year 2002, Grants Development Office

Grants Development Office Reports

No abstract provided.


When Do Rewards Have Enhancement Effects? An Availability Valence Approach, Brian C. Tietje Jan 2002

When Do Rewards Have Enhancement Effects? An Availability Valence Approach, Brian C. Tietje

Marketing

It is commonly argued that although rewards induce behaviors, they undermine attitudes and motivation for subsequent action. This perspective has been applied in a consumer setting to suggest that sales promotions such as coupons will undermine consumer brand evaluations and brand loyalty. Instead of focusing on the undermining effects of promotional rewards, this research applies the availability valence hypothesis (Tybout, Sternthal, & Calder, 1983) to predict and explain when rewards will enhance recipient response. Two experiments demonstrate that an immediate reward from a product-related source enhances product evaluations by making favorable information more accessible than unfavorable information. Promotions enhance the …


Support For Computer Users: Concept Development And Measurement, Mary Helen Fagan, Barbara Ross Wooldridge, Stern Neill Jan 2002

Support For Computer Users: Concept Development And Measurement, Mary Helen Fagan, Barbara Ross Wooldridge, Stern Neill

Marketing

This study explores how support for computer users can be conceptualized and measured in information systems research. A number of studies have proposed that support for computer users plays an important role in the acceptance and utilization of information technology applications. In these studies, the support concept has been conceptualized in a variety of ways, and the findings have often not been as hypothesized. The paper provides a conceptual framework for understanding support for computer users, and then describes the development of an instrument to measure support for computer users in a business school lab environment. The paper should help …


Coining An Electronic Dialect? Erasing Regional Differences In Vietnam In Internet Chat-Rooms, Christina Elizabeth Firpo Jan 2002

Coining An Electronic Dialect? Erasing Regional Differences In Vietnam In Internet Chat-Rooms, Christina Elizabeth Firpo

History

No abstract provided.


"We See Through A Glass Darkly" : Augustine's Historical Thought And The Vision Of God, Barnaby Hughes Jan 2002

"We See Through A Glass Darkly" : Augustine's Historical Thought And The Vision Of God, Barnaby Hughes

History

No abstract provided.


The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith Jan 2002

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 …


Yale Rosenberg: The Scholar And The Teacher Of Jewish Law, Sherman L. Cohn Jan 2002

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 …


Tanf Reauthorization: Is Congress Acting On What We Have Learned?, Peter B. Edelman Jan 2002

Tanf Reauthorization: Is Congress Acting On What We Have Learned?, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

There is only one sure way to make something happen in public policy and in politics, and that is to organize. Sometimes external events-the Great Depression, World War II, Vietnam, Watergate, September 11th, Enron, and MCI WorldCom-will make things happen of their own accord. But we can't wait for events to create opportunity, and many such stimuli are in fact things we don't want to happen. So it is up to us. And the time for organizing is not just when an issue is at the forefront. Organizing is needed to build interest and support on issues over a longer …


Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow Jan 2002

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …


A Marxist Influence On Wittgenstein Via Sraffa, John B. Davis Jan 2002

A Marxist Influence On Wittgenstein Via Sraffa, John B. Davis

Economics Faculty Research and Publications

No abstract provided.


The House Swept Clean : A Biblically Balanced Pattern For The Diagnosis, Exorcism, And Pastoral Care Of The Victims Of Demonic Possession, Darrell Arthur Mcculley Jan 2002

The House Swept Clean : A Biblically Balanced Pattern For The Diagnosis, Exorcism, And Pastoral Care Of The Victims Of Demonic Possession, Darrell Arthur Mcculley

Other Student Publications

This was a difficult project to undertake for a number of reasons. First of all, for various reasons it became expeditious to self-publish, and that is a bit of a nightmare. Second, there is little in the Lutheran Church-Missouri Synod to which it may be compared. Thus, any doctrinal comparison to pre-existing teachings might be problematic in some places. Third, my biggest fear is that this work would be seen as an accusation or an indictment of the LC–MS. It is not intended as such.Any hyperbolic moments herein are not to point a finger of blame, but to call for …


The Ninth Tshl Legislative Report Resolutions And Priorities, Texas Silver Haired Legislature Foundation Jan 2002

The Ninth Tshl Legislative Report Resolutions And Priorities, Texas Silver Haired Legislature Foundation

Texas Silver-Haired Legislature

Resolutions and priorities from the ninth Texas Silver-Haired Legislature legislative report, 2002.


The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione Jan 2002

The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …


State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter Jan 2002

State-Supported Terrorism And The U.S. Courts: Some Foreign Policy Problems, Barry E. Carter

Georgetown Law Faculty Publications and Other Works

Terrorism is an evil that the United States and other civilized countries should combat aggressively. Fortunately, these countries have many tools they can use in their fight against terrorism, among them military force (as we have just demonstrated in Afghanistan), covert actions, and a variety of economic sanctions against a country or group that supports terrorists. These sanctions - which would preferably be applied in union with other countries, though unilaterally if necessary - can include freezing assets, as well as ending or limiting U.S. government programs (ranging from landing rights to foreign aid), cutting off exports to or imports …


A Midrash On Rabbi Shaffer And Rabbi Trollope, David Luban Jan 2002

A Midrash On Rabbi Shaffer And Rabbi Trollope, David Luban

Georgetown Law Faculty Publications and Other Works

Thomas Shaffer is the most unusual, and in many ways the most interesting, contemporary writer on American legal ethics. A lawyer impatient with legalisms and hostile to rights-talk, a moral philosopher who despises moral philosophy, a Christian theologian who refers more often to the rabbis than to the Church Fathers, a former law school dean who is convinced that law schools have failed their students by teaching too much law and too little literature, a traditionalist who' wholeheartedly embraces feminism, an apologist for the conservative nineteenth-century gentleman who describes his own politics as "left of center," Shaffer is a complex …


A Goldilocks Account Of Judicial Review?, Mark V. Tushnet Jan 2002

A Goldilocks Account Of Judicial Review?, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

According to Professor Christopher Eisgruber, judicial review of the sort embedded in United States constitutional practice is a practical mechanism for implementing the Constitution's commitment to self-government. "The justices ... make a distinctive contribution to representative democracy" because they are "better positioned [than elected officials] to represent the people's convictions about what is right." Judges can articulate "a conception of justice with which Americans in general [can] plausibly identify themselves. "

I will focus here on two themes in Professor Eisgruber's argument. The first theme can be found in many works of constitutional theory - the construction of a strong …


A Guide To Economic Development Practice, Ziona Austrian, Jill S. Taylor Jan 2002

A Guide To Economic Development Practice, Ziona Austrian, Jill S. Taylor

All Maxine Goodman Levin School of Urban Affairs Publications

No abstract provided.


Notes And Papers On Keynes And Unemployment, Anwar Shaikh Phd Jan 2002

Notes And Papers On Keynes And Unemployment, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

  • Handwritten notes on a paper by Aditya Bhattacharjea concerning Pigou, persistent unemployment, and the interest rate floor.

  • Bhattacharjea, A. (1987). Keynes and the long-period theory of employment: A note. Cambridge Journal of Economics, 11(1), 95–100. Cambridge University Press.

  • Handwritten notes on Giancarlo Gandolfo's Economic dynamics: Methods + models (1985).

  • Gandolfo, G. (1985). Excerpt on the qualitative theory of non-linear differential equations. In Economic dynamics: Methods + models (pp. 45–67). Springer-Verlag.

  • Handwritten notes titled Goodwin Model, covering basic stability analysis and phase diagrams.

  • Handwritten notes titled Non-Linear Equations Systems, citing Gandolfo (1985) on autonomous equations …


What Enron Means For The Management And Control Of The Modern Business Corporation: Some Initial Reflections, Jeffrey N. Gordon Jan 2002

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 …


Who Should Watch Over Refugee Law?, James C. Hathaway Jan 2002

Who Should Watch Over Refugee Law?, James C. Hathaway

Articles

We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.


The Value Of Rational Nature, Donald H. Regan Jan 2002

The Value Of Rational Nature, Donald H. Regan

Articles

Kant tells us in the Groundwork of the Metaphysics of Morals that rational nature is an end in itself; that it is the only thing which is unconditionally valuable; and that it is the ultimate condition of all value.1 A striking trend in recent Kant scholarship is to regard these value claims, rather than the formalism of universalizability, as the ultimate foundation of Kant’s theory.2 But does rational nature as Kant conceives it deserve such veneration? Can it really carry the world of value on its shoulders? I think not. As will become clear, I do not doubt the value …


A Footnote For Jack Dawson, James J. White, David A. Peters Jan 2002

A Footnote For Jack Dawson, James J. White, David A. Peters

Articles

Jack Dawson, known to many at Michigan as Black Jack, taught at the Law School from 1927 to 1958. Much of his work was published in the Michigan Law Review, where he served as a student editor during the 1923-24 academic year. We revisit his work and provide a footnote to his elegant writing on mistake and supervening events. In Part I, we talk a little about Jack the man. In Part II, we recite the nature and significance of his scholarly work. Part III deals briefly with the cases decided in the last twenty years by American courts on …


Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine Jan 2002

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …


A Control-Based Approach To Shareholder Liability For Corporate Torts, Nina A. Mendelson Jan 2002

A Control-Based Approach To Shareholder Liability For Corporate Torts, Nina A. Mendelson

Articles

Some commentators defend limited shareholder liability for torts and statutory violations as efficient, even though it encourages corporations to overinvest in and to externalize the costs of risky activity. Others propose pro rata unlimited shareholder liability for corporate torts. Both approaches, however, fail to account fully for qualitative differences among shareholders. Controlling shareholders, in particular, may have lower information costs, greater influence over managerial decisionmaking, and greater ability to benefit from corporate activity. This Article develops a control-based approach to shareholder liability. It first explores several differences among shareholders. For example, a controlling shareholder can more easily curb managerial risk …


The Causal Nexus In International Refugee Law, James C. Hathaway Jan 2002

The Causal Nexus In International Refugee Law, James C. Hathaway

Articles

For all of its value as a critical mechanism of human rights protection, international refugee law is not an all-encompassing remedy. In at least two ways, the category of persons of concern to refugee law is significantly more narrow than the universe of victims of human rights abuse. First, only persons able somehow to leave their own country can be refugees. Alienage is a requirement for refugee status because of concerns about the limits of international resources and the potential for responsibility-shifting, as well as in recognition of the fundamental constraints which sovereignty still places on meaningful intervention by the …


Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White Jan 2002

Reverberations From The Collision Of Tort And Warranty (Products Liability Law Symposium In Memory Of Professor Gary T. Schwartz), James J. White

Articles

In his famous Stanford Law Review article, When Worlds Collide,' Professor Marc Franklin foretold the troubles for American law in the impending collision of the tort of strict liability with the warranty of merchantability.2 We daily suffer the reverberations from that collision as courts struggle with the proper application of strict tort liability and breach of warranty in products liability cases. Lawyers who have not studied Article 2 of the Uniform Commercial Code (U.C.C.) are surprised to learn that virtually every buyer who has a strict tort claim for an injury caused by a defective product also has a potential …


Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.


This Is Gary (Ann C. Rosenfield Symposium In Tribute To Gary T. Schwartz), James E. Krier Jan 2002

This Is Gary (Ann C. Rosenfield Symposium In Tribute To Gary T. Schwartz), James E. Krier

Articles

The first time I met Gary, he fell asleep. This was in the spring of 1969. Gary and I were working as lawyers in Washington, D.C., and each of us had recently accepted offers to join the faculty of the UCLA School of Law. When I learned of our current shared location and future destination, I called Gary and invited him to dinner at my apartment in Georgetown. We ate and drank and talked long into the night, until Gary checked out. Later he woke up and left.


The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar Jan 2002

The Writings Of John Barker Waite And Thomas Davies On The Search And Seizure Exclusionary Rule, Yale Kamisar

Articles

After browsing through many volumes of the Michigan Law Review, searching for the article I would discuss on the occasion of the law review's 100th anniversary, I wound up with two "finalists": a 1955 article by Professor John Barker Waite on the law of arrest search and seizure (on further reflection, four Michigan Law Review commentaries on the general subject written by Waite between 1933 and 1955)' and a monumental 200-page article (surely one of the longest articles ever to appear in the Michigan Law Review) by Thomas Davies on the "original Fourth Amendment. 2