Digital Commons Network^™

Reciprocal Effects Of Crime And Incarceration In New York City Neighborhoods, Jeffery Fagan, Valerie West, Jan Holland

Faculty Scholarship

The concentration of incarceration in social groups and areas has emerged in the past decade as a topic of research and policy interest. This interest was fueled by several factors: persistent continued growth of incarceration through the 1990s, even as crime rates fell nationally for over seven years; persistent racial disparities in incarceration; assessments of the collateral consequences of incarceration that potentially aggravate the causal dynamics that lead to elevated crime rates; rapid growth in the number of returning prisoners to their communities; an influx that may strain social control in neighborhoods where social and economic disadvantages have already created …

The Phenomenon Of Intellectually Gifted Underachievers And Education: Listening To The Male Adolescent Voice, Barbara Lynne Cunningham

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Complexity And Variation In The Effects Of Low-Severity Fires On Forest Biota, Karen Christine Short

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Role Of The Future In Work Motivation, Jonathon J. Richter

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Evaluation Of The Maudsley Addiction Profile (Map) For Use With An American Substance Abuse Population, Hannelore T. Barbieri

PCOM Psychology Dissertations

Multi-dimensional instruments in the addiction field developed in the United States as well as in other countries are limited. The Maudsley Addiction Profile (MAP), a brief, multi-dimensional instrument developed in the United Kingdom (UK), is designed to assess the treatment outcome of individuals with alcohol and/or drug (AOD) problems and associated issues. This measure consists of sixty items across the domains of substance use, health risk, physical/ psychological health and personal/social functioning. The MAP, which has been validated on British as well as on several European samples of substance abusers, has been suggested for further validation. The current study was …

Normative Study Of The Mahan And Ditomasso Anger Scale, Roger Oliver Beardmore

PCOM Psychology Dissertations

The present study proposed to advance the treatment of anger disorders by exploring the psychometric properties of the MAD-AS scale, an anger assessment tool. Research sought to build on prior investigation of the reliability, validity, and factor structure of the MAD-AS in an inpatient setting by examining this measure using outpatient subjects. Several important findings were obtained in this study. Research results suggest that the MAD-AS represents a significant improvement over some existing anger measures in terms of its brevity, its ease of administration, and its standardization of scoring. The MAD-AS appears to possess sound psychometric properties in terms of …

"And I Never Looked Back": Adolescent Girls And Women Who End A Dating Relationship After A Single Violent Assault, Alison M. Cobb

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Whispering In The Wind: Text And Tradition In Blackfeet Apologia, Rowland G. Freeman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Old Violin A 1950 Plymouth And A Party : Developing The Personal Intelligences, Linda Louise Merritt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Re-Imagining Justice, Robin West

Georgetown Law Faculty Publications and Other Works

What do we mean by legal justice, as opposed to distributive, or social, or political justice; what is the justice, that is, we hope law promotes? What is the justice that lawyers and judges, peculiarly, are professionally committed to pursue? What is the virtue around which, arguably, this profession, and the individuals within it, have defined their public lives?

Justice -- and more particularly legal justice -- is a badly under-theorized topic in jurisprudence; perhaps surprisingly, there is little written on it. The paucity of writing of course has a history. It can be traced to the turn of the …

The Politics Of Public Health: A Response To Epstein, Lawrence O. Gostin, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Conservatives are taking aim at the field of public health, targeting its efforts to understand and control environmental and social causes of disease. Richard Epstein and others contend that these efforts in fact undermine people’s health and well-being by eroding people’s incentives to create economic value. Public health, they argue, should stick to its traditional task—the struggle against infectious diseases. Because markets are not up to the task of controlling the transmission of infectious disease, Epstein says, coercive government action is required. But market incentives, not state action, he asserts, represent our best hope for controlling the chronic illnesses that …

Vigilantes Of Montana| The Mythic Narratives Of Colonial Frontier History, Jeri M. Larsen

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Constitutional Legitimacy, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The problem of constitutional legitimacy is to establish why anyone should obey the command of a constitutionally-valid law. A lawmaking system is legitimate if there is a prima facie duty to obey the laws it makes. Neither "consent of the governed" nor "benefits received" justifies obedience. Rather, a prima facie duty of obedience exists either (a) if there is actual unanimous consent to the jurisdiction of the lawmaker or, in the absence of consent, (b) f laws are made by procedures which assure that they are not unjust. In the absence of unanimous consent, a written constitution should be assessed …

Drm And Privacy, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Interrogating the relationship between copyright enforcement and privacy raises deeper questions about the nature of privacy and what counts, or ought to count, as privacy invasion in the age of networked digital technologies. This Article begins, in Part II, by identifying the privacy interests that individuals enjoy in their intellectual activities and exploring the different ways in which certain implementations of DRM technologies may threaten those interests. Part III considers the appropriate scope of legal protection for privacy in the context of DRM, and argues that both the common law of privacy and an expanded conception of consumer protection law …

Judging The Next Emergency: Judicial Review And Individual Rights In Times Of Crisis, David Cole

Georgetown Law Faculty Publications and Other Works

How should we judge judicial review from the standpoint of protecting the constitutional rights and liberties of the vulnerable in times of crisis? It is in times of crisis that constitutional rights and liberties are most needed, because the temptation to sacrifice them in the name of national security will be at its most acute. To government officials, civil rights and liberties often appear to be mere obstacles to effective protection of the national interest. As Bush-administration supporters frequently intone when defending their post-September 11th initiatives, “the Constitution is not a suicide pact.” Judicial protection is also critical because crisis …

The New Mccarthyism: Repeating History In The War In Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …

Use Of Music By Collegiate Athletes, Laura D. Ellingson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

Listen To The Voices| American And Japanese Childhood Experiences During The Pacific War, 1941-1945, Karen J. Kirt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Imperative Of Natural Rights In Today's World, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

If there is any group that really needs to understand the concept of natural rights, it is professors of constitutional law. The document they teach was written by a generation who uniformly believed in natural rights, used the concept to justify a violent revolution from their mother country, and professed their continued commitment to natural rights long after the separation—a commitment that only intensified in the years that culminated in the Civil War and the adoption of the Fourteenth Amendment.

Yet few constitutional law professors know much, if anything, about this fundamental concept even as a historical matter, much less …

A Statistical Simulation Model For Mobile Radio Fading Channels, Chengshan Xiao, Y. Rosa Zheng

Electrical and Computer Engineering Faculty Research & Creative Works

Recently, a Clarke's model-based simulator was proposed for Rayleigh fading channels. However, that model, as shown in this paper, may encounter statistic deficiency. Therefore, an improved model is presented to remove the statistic deficiency. Furthermore, a new simulation model is proposed for Rician fading channels. This Rician fading simulator with finite number of sinusoids plus a zero-mean stochastic sinusoid as the specular (line-of-sight) component is different from all the existing Rician fading simulators, which have non-zero mean deterministic specular component. The statistical properties of the proposed Rayleigh and Rician fading channel models are analyzed in detail, which shows that these …

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The thesis of this Article is that the United States, Russia, and by extension, the world as a whole, are pursuing a fundamentally sound strategy in retaining, rather than destroying, the last known remaining samples of the variola virus. For now, those samples are housed in secure, deep-freeze storage at the U.S. Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia and at the comparable Russian facility, known as Vector, near Novosibirsk, Siberia. But that basic decision is about the only correct move we are making at this time - and even it is animated by fundamental misapprehensions about …

Integrity: Its Causes And Cures, David Luban

Georgetown Law Faculty Publications and Other Works

Integrity is a good thing, isn't it? In ordinary parlance, we sometimes use it as a near synonym for honesty, but the word means much more than honesty alone. It means wholeness or unity of person, an inner consistency between deed and principle. "Integrity" shares etymology with other unity-words-integer, integral, integrate, integration. All derive from the Latin integrare, to make whole. And the person of integrity is the person whose conduct and principles operate in happy harmony. Our psyches always seek that happy harmony. When our conduct and principles clash with each other, the result, social psychology teaches us, is …

A Different Kind Of "Republican Moment" In Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Essay is to propose and discuss the possibility that the nation currently faces another, albeit very different, "republican moment" that may well test the future of environmental protection laws in the United States. This new "moment" has as its modifier an uppercase "Republican" rather than a lowercase "republican." While the latter "republican" invokes the political tradition referred to as "civic republicanism," the former "Republican" refers instead to the current National Republican Party. The "moment" facing environmental law is the virtually unprecedented ascendancy of the Republican Party in all three branches of the federal government.

Celebrating Tahoe-Sierra, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The Court's ruling in Tahoe-Sierra is a realization of the current Court's potential to reach a sensible result in a regulatory takings case. Tahoe-Sierra is a major victory for government regulators and environmentalists, but not because it eliminates the takings issue as a substantial concern. Tahoe-Sierra instead finds its significance in its restoration of balance to the Court's takings jurisprudence, signified by a new Court majority with Justice Scalia relegated to a dissent. Without reversing the Court's recent rulings in favor of landowners in takings cases, the Court makes clear that a majority of the Justices have never been prepared …

Bishops’ Norms: Commentary And Evaluation, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

In November 2002, the U.S. Conference of Catholic Bishops approved the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priest or Deacons ("Norms") in response to allegations of sexual abuse of minors by Roman Catholic Church ("Church") officials. This Article examines the Norms on the basis of canonical traditions and the concepts, propositions, and positions contained with them. It strives to find the meaning of the individual norms within the broader context of the life and beliefs of the Church and its need to have structures that prevent corruption and promote healthy growth. The …

Erasure And Recognition: The Census, Race And The National Imagination, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

This Article is concerned with the constitutive power of the census with respect to race. It is an examination of the U.S. Census as an aspect of what Angela Harris calls race law, "law pertaining to the formation, recognition, and maintenance of racial groups, as well as the law regulating the relationships among these groups." While others have noted and explored the epistemological and constitutive functions of the census race categories, my aim is to unpack this insight in the context of two specific examples of categorical change and contest: the addition of a Chinese racial category in 1870 and …

Reconsidering Legalism, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is in the spirit of a friendly amendment. I have found Shklar's central arguments to be more compelling every time I have reread this book over the last twenty years. Nevertheless, I want to argue in this essay that in spite of Legalism's strengths, Shklar's core anthropological claim about the profession - more often asserted, rather than argued, throughout the book - that legalism, the attitudinal glue that binds lawyers professionally, consists of a commitment to the morality of rule abidance - is flawed, not because it is wrong, but because it is underinclusive. While legalism consists of …

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 …

Taking Place: Northern Sea Lion Foraging On Alaska Groundfishery Wastes, Thomas W. Carrels

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.