Digital Commons Network^™

Justice Kennedy's Libertarian Revolution: Lawrence V. Texas, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This brief article explains why Lawrence v. Texas could be a revolutionary case if the Supreme Court follows Justice Kennedy's reasoning in the future. As in Planned Parenthood v. Casey, Justice Kennedy finds a statute to be unconstitutional, not because it infringes a right to privacy (which is mentioned but once), but because it infringes "liberty" (a word he uses at least twenty-five times). In addition, Justice Kennedy's opinion protects liberty without any finding that the liberty being restricted is a "fundamental right." Instead, having identified the conduct prohibited as liberty, he turns to the purported justification for the …

The Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A "legislative lawyer" is a person who exists in Washington, D.C., and in almost every city and state in this country where legislation and administrative regulations are developed. But most people do not know who that person is or what that person does. In fact, most advocacy organizations that should be hiring legislative lawyers have no idea who a legislative lawyer is.

The author coined the term "legislative lawyer" when she created a Federal Legislation Clinic at the Georgetown University Law Center in Washington, D.C. over a decade ago. The author needed to explain to her faculty colleagues what type …

Pushing Drugs: Genomics And Genetics, The Pharmaceutical Industry, And The Law Of Negligence, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it …

Dynamics Of Woodchip Trade Between Australia And Japan, And Need For International Cooperation Of Forest Advocates, Mari Yoshimura

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Digital Architecture As Crime Control, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper explains how theories of realspace architecture inform the prevention of computer crime. Despite the prevalence of the metaphor, architects in realspace and cyberspace have not talked to one another. There is a dearth of literature about digital architecture and crime altogether, and the realspace architectural literature on crime prevention is often far too soft for many software engineers. This paper will suggest the broad brushstrokes of potential design solutions to cybercrime, and in the course of so doing, will pose severe criticisms of the White House's recent proposals on cybersecurity.

The paper begins by introducing four concepts of …

The Joy Of Teaching Legislation, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

I am going to talk about teaching legislation, a class I have taught several times at Georgetown University Law Center, as well as teaching a federal legislation clinic, which I founded ten years ago at the law school. Bill Eskridge has done a wonderful job laying out the different ways one can teach a course in legislation; you will see that my approach focuses on teaching the skills that, as Bill also correctly noted, all young lawyers will need when they start practicing.

Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius

Faculty Publications

Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …

The Supreme Court Sets The Standard: Drug Testing At The Interscholastic Level, Paul M. Anderson

Faculty Publications

No abstract provided.

Finding Unexpected Events In Staring Continuous-Dwell Sensor Data Streams Via Adaptive Prediction, Peter G. Raeth

CCAC Theses and Dissertations

This research produced a Predictive Anomaly Detector (PAD). It is an adaptive prediction-based approach to detecting unexpected events in data streams drawn from staring continuous-dwell sensors. The underlying technology is spectrum independent and does not depend on correlated data (neither temporal nor spatial) to achieve improved detection and extraction in highly robust environments. ("robust environment" refers to the data stream's control law being variable and the spectral content covering a wide range of wavelengths.)

The resulting approach uses a network of simple building-block equations (basis functions) to predict the non-event data and thereby present subtle sub-streams to a detection model …

Human Capabilities And Human Authorities: A Comment On Martha Nussbaum’S Women And Human Development, Robin West

Georgetown Law Faculty Publications and Other Works

What does it mean to be truly human? And, relatedly, what does it mean to be treated as truly human, and with dignity, by the state, or community, of which one is a part? To be fully human, Martha Nussbaum has argued for the better part of two decades, and argues in greater detail in “Women and Human Development”, is not only to be rational, and not only to be happy, but also to be capable - capable, for example, of loving others, of thinking rationally about one's own life, of engaging in dignified labor, of interacting with the natural …

Minnesota Wild, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In these remarks I am going to tell two stories and then add - to the growing list compiled so far in this Symposium - two new quasi-religious, metaphorical figures. In keeping with our overall theme of eco-pragmatism, my remarks will be experimental, contingent, even nonlinear. I hope you will indulge me.

Communication Apprehension And Interpersonal Skills In Physical Therapy Students : A Comparative Study Of Problem-Based Learning And Traditional Curricula, Beverly D. Fein

All PTHMS Faculty Publications

Physical Therapy education has been challenged to prepare students to meet the increasing demands upon and changing needs of physical therapy practice in the evolving health delivery system. Today's practitioner needs strong interpersonal and collaborative skills for effective communication with patients, families, third party payers, community and other members of the health care team. The characteristics of problem-based learning (PBL) curricula appeared to offer greater potential for students to develop communication skills as compared to traditional curricula. Therefore, this study used available measures of communication apprehension and clinical performance of communication related behaviors to compare students educated in PBL curricula …

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks

Faculty Publications

No abstract provided.

Edward Partridge In Painesville, Ohio, Scott H. Partridge

BYU Studies

For a short period in the 1830s, the town of Painesville, Ohio, played an important part in the development of The Church of Jesus Christ of Latter-day Saints. The town was a place of success for Mormon missionaries; it was a religious battlefield in which the Campbellites resisted the encroachments of the missionaries; it was the home of the Painesville Telegraph, one of the most virulent critics of Mormonism; and, finally, it was the home of Edward Partridge, a man who would play a critical role as the first bishop of the Church (fig. 1).

Survey On E-Commerce And Its Applications, Zhenhua Gu

Student Work

Electronic Commerce, usually is called e-commerce, conducts business on-line. It is electronic forms of communication that permits the exchange of sale information related to goods and services purchasing between buyers and sellers with digital cash and via Electronic Data Interchange (EDI). The application of e-commerce is very important because that is the only way that how buyers and on-line business stores make the deals without seeing and talking each other. The applications should be very friendly (interface with nice layout and easily accepted by the potential buyers), easy to access and use (almost without to learn any computer and network …

Influence Of Adjunct Use Andcheese Microenvironment On Nonstarter Lactic Acid Bacteria Populations In Cheddar-Type Cheese, Jeff Broadbent, K. Houck, M. E. Johnson, C. J. Oberg

Nutrition, Dietetics, and Food Sciences Faculty Publications

This study investigated population dynamics of starter, adjunct, and nonstarter lactic acid bacteria (NSLAB) in reduced-fat Cheddar and Colby cheese made with or without a Lactobacillus casei adjunct. Duplicate vats of cheese were manufactured and ripened at 7°C. Bacterial populations were monitored periodically by plate counts and by DNA fingerprinting of cheese isolates with the random amplified polymorphic DNA technique. Isolates that displayed a unique DNA fingerprint were identified to the species level by partial nucleotide sequence analysis of the 16S rRNA gene. Nonstarter biota in both cheese types changed over time, but populations in the Colby cheese showed a …

Exu:Trickster By Default, Floyd Merrell

Trickster's Way

No abstract provided.

Parent And Child Perspectives Of Family Leisure Involvement And Satisfaction With Family Life, Ramon B. Zabriskie, Bryan P. Mccormick

Faculty Publications

The purpose of this study was to examine the relationship between family leisure involvement and satisfaction with family life. The sample consisted of 179 families. Data were analyzed at the parent, child, and family level. Findings indicated that family leisure involvement was the strongest multivariate predictor of family satisfaction from the parent perspective, but was not a significant multivariate predictor from the child's perspective. At the family level of measurement, only the block including Core and Balance family leisure variables explained a significant portion of the variance in family satisfaction. History of divorce was a negative multivariate predictor of family …

A Time For Change : Improving Salt Lake City, 1890-1925, J. Michael Hunter

Faculty Publications

Although visitors to Salt Lake City during its earliest years described the valley as a place of order and beauty, by the 1880s the city had become dirty, polluted, and unsanitary. This article details the efforts at improvement beginning in the 1880s, including the installation of water and sewer systems, public transportation, electricity, paved streets, and the beautification of parks and playgrounds.

A Reinterpretation Of Historical Gender Bias And Women's Mental Health, Jacqueline Lindsay Novak

Student Work

This epistemological review suggests that gender stereotypes and oppression have occurred throughout history and reflects past and present portrayals of women, particularly, the reflection of stereotypes and oppression cause women to suffer mental health consequences in two ways. First, societal oppression reduces and enforces women to an inferior status, which promotes mental health suffering and consequences. Second, women suffer from biased assessments, diagnoses, and treatment via hierarchical relationships and gender stereotypes from professionals. Presently, women are maintained at this subordinate position due to a lack of people and policies enforcing health standards specifically for women.

Producing Play From Page To Stage, Melissa Anne Hurt

Theses and Dissertations

Producing Play from Page to Stage describes my experience producing and directing Samuel Beckett's Play. Chapter One, "Conception," includes my process of preproduction work, arranging rehearsal times and establishing goals. Chapter Two, "The Creative Process," includes all components of the creative process—rehearsal progress, working with a vocal coach, understanding and working with the light, and the incorporation of music. Chapter Three, "Challenges and Obstacles," speaks specifically of the difficulties with the technical elements and the many diverse roles as producer. Chapter Four, "Performances," includes excerpts from my journal for each performance and Chapter Five, "Reflections," includes my actors' reflections of …

A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss

Publications

No abstract provided.

Western Justice, Richard B. Collins

Publications

No abstract provided.

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.

A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell

Publications

No abstract provided.

Preferences And Rational Choice: New Perspectives And Legal Implications: Introduction, Matthew D. Adler, Claire Finkelstein, Peter H. Huang

Publications

No abstract provided.

Book Review, Lakshman Guruswamy

Publications

No abstract provided.

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.

Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches

Publications

No abstract provided.

Cooperative Federalism And Its Challenges, Philip J. Weiser

Publications

No abstract provided.