Digital Commons Network^™

Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …

"Sir, Yes, Sir!": The Courts, Congress And Structural Injunctions, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This is a deeply confused book. Not that the authors' stance is unclear: They have seen federal courts in action, and they don't like what they see. Their subject is federal judicial supervision of state and local governments through injunctive decrees. The authors' position wouldn't be confused - or at least would be confused in a different way - if they dealt with injunctive decrees aimed at enforcing what the judges took to be constitutional requirements. In such cases there's at least something coherent that can be said about judges displacing democratic decision-making. Sandler and Schoenbrod, though, don't deal with …

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin in Part I by offering a description of the Supreme Court's recent decisions as a less substantial repudiation of prior principles than many think them to be, and as leaving Congress with the means to achieve a quite substantial proportion of the policy goals it pursued in the statutes the Court invalidated. Part II explains why Congress is unlikely to do so, in light of our apparent commitment to divided government, and parties that are organized around distinctive ideologies because of divided government. Part III turns to the prospect for continued policy transformation, identifying the conditions under which …

Self-Historicism, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

Among the contributors to this symposium, I may be the person with the longest acquaintance with Sandy Levinson. I want to begin, therefore, with a recollection of the period of my earliest contacts with Sandy - a recollection that, as I hope to show, has some bearing on some of the aspects of Sandy's work that most interest me . . . I use these examples to introduce an argument connected to Sandy's longstanding interest in historical memory. The casebook of which he is a co-author is organized historically-relentlessly so, I would put it, to the point where I personally …

Leveling The Playing Field: Federal Rules Of Evidence 412 & 415: Evidence Class As A Platform For Larger (More Important) Lessons, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Teachers often approach Federal Rules of Evidence 412 and 415 with trepidation. After all, it means that a law teacher will have to talk about sex, with a group (often a large group) of law students - many of whom are in their early twenties and have never had a non-peer conversation about sex. It looks like a recipe for disaster. Let me suggest just the opposite - it offers the law teacher an opportunity to address perhaps one of the most important lessons of law school: the law only works if there is a level playing field.

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.

Clinical Uncertainty And Healthcare Disparities, Maxwell Gregg Bloche, Ana I. Balsa, Thomas G. Mcguire, Naomi Seiler

Georgetown Law Faculty Publications and Other Works

The Institute of Medicine Report, Unequal Treatment: Confronting Racial and Ethnic Disparities, affirms in its first finding: "Racial and ethnic disparities in health care exist and, because they are associated with worse outcomes in many cases, are unacceptable." The mechanisms that generate racial and ethnic disparities in medical care operate at the levels of the health care system and the clinical encounter. Research demonstrates the role of health care system factors, including differences in insurance coverage and other determinants of healthcare access, in producing disparities. Research also shows, however, that even when insurance status and other measures of access are …

Remarks Of Seth P. Waxman At The Memorial Observance For Justice Byron R. White, United States Supreme Court, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

Members of the Court, members of the family, and friends of Justice White- Alone among today's speakers, I met Justice White only late in his life. Growing up in the law, my relationship with him was the one many kids today have with Michael Jordan - I wanted to be "like White" -like the kind of man he was. I still have that aspiration. Like Byron White, I served in the Department of Justice and was altered forever by that honorable institution. And - like Justice White, in my own lesser way, I strove within the walls of this institution …

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States: Panel For Former Solicitors General, Seth P. Waxman, Walter E. Dellinger Iii, Kenneth W. Starr, Charles Fried, Drew S. Days Iii

Georgetown Law Faculty Publications and Other Works

I agree entirely that the chain of command is clear and that the Framers managed to make it all the way through all the articles of the Constitution without even conceiving of a solicitor general, let alone bothering to mention an attorney general. It is important nonetheless to distinguish between those things the solicitor general does pursuant to the longstanding notice-and-comment regulation, and the other things a solicitor general may do pursuant to his (and, someday, her!) statutory obligation to be of general assistance to the attorney general.

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States: Clinton Ii Panel, Seth P. Waxman, Walter E. Dellinger Iii, Barbara D. Underwood, Michael R. Dreeben

Georgetown Law Faculty Publications and Other Works

I will say a few words about Dickerson, both because Michael has made it impossible not to and also because in some ways it represents the very best about how all of the wonderful, tried-and-true processes of the SG's Office ought to work. Dickerson was very much like the other case that Michael talked about (which is one of, I think, two significant privilege controversies which the Independent Counsel laid on our doorstep). These cases may have appeared to the outside world as paradigmatically cases in which we would be hearing from the White House, or talking to the White …

Paradigm Lost: Recapturing Classical Rhetoric To Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

At the inception of their careers, most lawyers have little or no background in classical rhetoric. Many law students enter law school thinking that they will receive formal training in either logic or rhetoric, but very few law schools even teach classes in these subjects. In the absence of any formal training, most lawyers learn to write persuasively by imitating “good” legal writing. The consequence for the legal profession is an abundance of legal writing that is not grounded conceptually in the rhetorical tradition from which it is derived. The principal problem with legal writing is not that lawyers cannot …

An Imperial Security Council? Implementing Security Council Resolutions 1373 And 1390, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

The UN Security Council has taken important steps against terrorism since the attacks of September 11, 2001. Some of those steps build on previous Security Council counterterrorism efforts; others represent significant innovations. I will focus in particular on Resolution 1373, which the Council adopted on September 28, 2001, and on Resolution 1390, adopted four months later in January 2002.

A Spatial Model For Evaluating Variable-Rate Fertilizer Application Accuracy, John Patrick Fulton

University of Kentucky Doctoral Dissertations

The popularity of variable-rate technology (VRT) has grown. However, the limitations and errors ofthis technology are generally unknown. Therefore, a spatial data model was developed to generate "asapplied"surfaces to advance precision agricultural (PA) practices. A test methodology based on ASAEStandard S341.2 was developed to perform uniform-rate (UR) and variable-rate (VR) tests to characterizedistribution patterns testing four VRT granular applicators (two spinner spreaders and two pneumaticapplicators). Single-pass UR patterns exhibited consistent shapes for three of the applicators with patternsshifts observed for the fourth applicator. Simulated overlap analysis showed that three of the applicatorsperformed satisfactorily with most CVs less than 20% while …

Mid-Holocene Emergent Complexity And Landscape Transformation: The Social Construction Of Early Formative Communities In Uruguay, La Plata Basin, José Iriarte

University of Kentucky Doctoral Dissertations

This dissertation is a multidisciplinary study combining both archaeological andpaleoecological data to examine the rise of early Formative societies in Uruguay, La Plata Basin.It is contextualized within broader anthropological concerns related to the emergence of culturalcomplexity, the significance of ritual and public architecture in intermediate-level societies, andthe role of human-environment interactions during the mid-Holocene. This investigationgenerated the first Late Quaternary paleoclimatic record, based on pollen and phytolith analyses,documenting that the mid-Holocene (ca. 6,620 to ca. 4,040 bp) was a period of environmentalflux and increased aridity. It describes the occupational history of the Los Ajos site from thecreation of a household-based …

Cis- And Trans-Activation Of Hormone Receptors: The Lh Receptor, Changwoo Lee

University of Kentucky Doctoral Dissertations

The Luteinizing hormone receptor (LHR) belongs to the G protein-coupled receptor family, asdo the other glycoprotein hormone receptors for FSH, TSH, and CG. The LHR comprises twohalves of ~350 amino acids: an extracellular hormone binding exodomain and a seventransmembrane-spanning endodomain responsible for signal generation. Hormone binds to theexodomain with high affinity, and the resulting conformational changes in thehormone/exodomain complex modulate the endodomain to generate hormone signals. Hormonebinding to an LHR produces hormonal signals (cis-activation), but it is not known whether aliganded LHR could activate other unoccupied LHRs (trans-activation). The LHR activates bothadenylyl cyclase and phospholipase C??. This dissertation shows that …

Pre-Copulatory Sexual Cannibalism In Fishing Spiders: The Ecology Of An Extreme Sexual Conflict, J. Chadwick Johnson

University of Kentucky Doctoral Dissertations

Pre-copulatory sexual cannibalism (pre-SC), or predation of a potential mate before sperm transfer, provides an ideal model system for behavioral ecology's current focus on inter-sexual conflict. Studying the North American fishing spider (Dolomedes triton), I tested three female-benefit hypotheses for pre-SC: indirect benefits, direct benefits, and aggressive spillover. First, pre-SC may reflect a mating bias providing females with 'good-genes' benefits. By manipulating each female's options with regard to the most cited phenotypic advantage in male spiders, body size, I show that while females exhibit no bias in their attack tendency on males of different body sizes, large males mate significantly …

Innovation In A University Social System: The Adoption Of Electronic Theses And Dissertations Digital Libraries, Suzanne Lorraine Allard

University of Kentucky Doctoral Dissertations

The "digital library" (DL) is a communication technology that has the potential to improve communication by removing temporal and geographic barriers and by introducing interactivity. This research focused on the adoption of digital libraries for electronic theses and dissertations (ETD-DL) at universities worldwide. ETD-DLs provide a means for universities to learn about implementing digital libraries in a networked environment.This research used diffusion of innovation theory to explore what has influenced ETD-DL adoption among Networked Digital Library of Theses and Dissertations (NDLTD) member universities. Communication channels were categorized as being either interpersonal or mediated. The perceived importance of these channels was …

Quality Of Life Dimensions For Adults With Developmental Disabilities, Kathleen Sheppard-Jones

University of Kentucky Doctoral Dissertations

Quality of life is a phrase that most people are familiar with, regardless of whether or not they can define it. Much research has been conducted across disciplines in an effort to explain the construct. As human service programs become more focused on outcomes, there is greater interest in measuring quality of life as an indicator of service quality and success. This study was designed to test whether or not quality of life differences exist between adults with developmental disabilities and the general population at an item, scale, and composite level. The quality of life dimensions that were tested included …

Issues In The Control Of Halfspace Systems, Ramprasad Potluri

University of Kentucky Doctoral Dissertations

By the name HALFSPACE SYSTEMS, this dissertation refers to systems whose dynamics are modeled by linear constraints of the form Exk+1 <= Fxk + Buk (where E, F 2 andlt;mn, B 2 andlt;mp). This dissertation explores the concepts of BOUNDEDNESS, STABILITY, IRREDUNDANCY, and MAINTAINABILITY (which is the same as REACHABILITY OF A TARGET TUBE) that are related to the control of halfspace systems. Given that a halfspace system is bounded, and that a given static target tube is reachable for this system, this dissertation presents algorithms to MAINTAIN the system in this target tube. A DIFFERENCE INCLUSION has the form xk+1 = Axk + Buuk, where xk, xk+1 2 andlt;n, uk 2 andlt;p, A 2 andlt;nn, Bu 2 andlt;np, Ai 2 andlt;nn, Bj 2 andlt;np, and A and Bu belong to the convex hulls of (A1,A2, . . . ,Aq) and (B1, B2, . . . , Br) respectively. This dissertation investigates the possibility that halfspace systems have equivalent difference inclusion representation for the case of uk = 0. An affirmitive result in this direction may make it possible to apply to halfspace systems the control theory that exists for difference inclusions.

Clothes Talk: Youth Modernities And Commodity Consumption In Dakar, Senegal, Suzanne Scheld

Dissertations, Theses, and Capstone Projects

Based on twelve months of fieldwork in Dakar, Senegal and funded by the Wenner Gren Foundation, this thesis examines how in the context of contemporary globalization, increased volumes of luxury commodities shape the modern consciousness of individuals in a developing African city. This project specifically examines this phenomenon through a study of youth clothing consumption. Dakar is a consumer society with particular consumer dynamics. In addition to class, patron-clientage and kinship are central to understanding contemporary patterns of consumption in Dakar. Clothing is a commodity that has been radically altered by urbanization and the globalization of manufacturing processes and advertising. …

The Effect Of Visual Art On Music Listening, Jennifer Sue Shank

University of Kentucky Doctoral Dissertations

The purpose of this study was to examine the effect of visual stimuli on music listening skills in pre-service elementary teachers. Visual Stimuli in this study refers to the presentation of arts elements in selected visually projected images of paintings. Music listening skills are defined as those skills needed to identify and interpret musical excerpts. A Pretest-Posttest Control-group Design was used in this study. Subjects were pre-service elementary general educators enrolled in a large southern university (N=93). Students from intact classes were randomly placed into either the experimental group or the control group. The treatment consisted of six music listening …

The Efficiacy Of The Mmpi-2 Lees-Haley Fake Bad Scale (Fbs) For Differentiating Neurocognitive And Psychiatric Feigners, Victoria Louise Vagnini

University of Kentucky Doctoral Dissertations

The FBS (Lees-Haley, 1992) is a relatively new validity scale for the MMPI-2 designed specifically to detect feigned neurocognitive deficit. The aim of the present study was to examine the FBSs efficacy in differentiating psychiatric and neurocognitive feigners using a known-groups design. Malingering tests were administered to 180 individuals undergoing forensic neuropsychiatric evaluations. Based on the malingering test results, participants were classified as honest responders, psychiatric feigners, neurocognitive feigners, or feigning both psychiatric and neurocognitive deficits. The FBS significantly differentiated the 3 feigning groups from the honest group, but it did not discriminate effectively between neurocognitive and psychiatric feigners.

Origins Of Isoprenoid Diversity: A Study Of Structure-Function Relationships In Sesquiterpene Synthases, Bryan T. Greenhagen

University of Kentucky Doctoral Dissertations

Plant sesquiterpene synthases catalyze the conversion of the linear substrate farnesyl diphosphate, FPP, into a remarkable array of secondary metabolites. These secondary metabolites in turn mediate a number of important interactions between plants and their environment, such as plant-plant, plant-insect and plant-pathogen interactions. Given the relative biological importance of sesquiterpenes and their use in numerous practical applications, the current thesis was directed towards developing a better understanding of the mechanisms employed by sesquiterpene synthases in the biosynthesis of such a diverse class of compounds. Substrate preference for sesquiterpene synthases initially isolated from Nicotiana tabacum (TEAS), Hyoscyamus muticus (HPS) and Artemisia …

The Democracy Of Political Contributions In The American States, Kihong Eom

University of Kentucky Doctoral Dissertations

The intention of campaign finance regulations was to reduce the influence of special interest groups while increasing citizen contributions. Critics have suggested an unintentional consequence of this policy of increasing bias in campaign contributions in favor of incumbents. These claims of intentional and unintentional consequences, however, have rarely been tested. My dissertation examines the intentional and unintentional consequences of campaign finance regulations in the American states. This study adopts a theoretical framework emphasizing the different effects of regulations on two distinctive types of contributors. A particularistic contributor, whose motivation is influencing policy, is likely to be affected by contribution limits. …

The Fragile Promise Of Provisionality, James S. Liebman, Charles F. Sabel

Faculty Scholarship

It is a pleasure to address such well-informed, insightful and well-intentioned responses to our Article. Intellectual predispositions and differing assessments of the prospects of reform aside, it is striking that so many participants have firsthand experience of the new model school, the new politics in all their mystery, and even non-court-centric judicial review. It is clear that something is afoot, and not just in academic circles, when observers as different as Diane Ravitch, the critic of Deweyan latitudinarianism, and Gordon Whitman, the community organizer, are both surprised to discover that standardized testing can go hand in hand with individualized education …

A Public Laboratory Dewey Barely Imagined: The Emerging Model Of School Governance And Legal Reform, James S. Liebman, Charles F. Sabel

Faculty Scholarship

The American public school system is in the midst of a vast and promising reform. The core architectural principle of the emergent system is the grant by higher-level authorities – federal government, states, and school districts – to lower level ones of autonomy to pursue the broad goal of improving education. In return, the local entities – schools, districts, and states – provide the higher ones with detailed information about their goals, how they intend to pursue them, and how their performance measures against their expectations. The core substantive commitment of the emergent system is the provision to all students, …

Disasters First: Rethinking Environmental Law After September 11, Michael B. Gerrard

Faculty Scholarship

Many environmental statutes were enacted, or at least spurred along, in direct response to disasters. The Federal Water Pollution Control Act of 1972 followed from the Santa Barbara Oil Spill; the Emergency Planning and Community Right-to-Know Act (EPCRA) resulted from the chemical gas disaster in Bhopal, India; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was sparked by the Love Canal incident; and the Oil Pollution Acte was a reaction to the Exxon Valdez oil spill.

The terrorist attacks of September 11, 2001 have led to the Homeland Security Act and to several other enactments. The collapse of the …

Art Or Propaganda: A Historical And Critical Analysis Of African-American Approaches To Dramatic Theory, 1900–1965, Henry D. Miller

Dissertations, Theses, and Capstone Projects

This dissertation surveys African American approaches to dramatic theory from 1900 to 1965, demonstrating that in the period the issue dominating the field was a great debate that defined black drama as art on the one hand and as propaganda on the other. In an African American cultural history replete with covert and overt struggles for social and political equality, the art or propaganda question necessarily reached a magnitude and importance found in no other area of twentieth-century dramatic theory. The comprehensiveness of the debate that interrogated this question and its historical and cultural depth has largely gone untreated. Moreover, …

Attempting To Discuss Race In Business And Corporate Law Courses And Seminars, Cheryl L. Wade

St. John's Law Review

(Excerpt)

The challenges of teaching corporate social responsibility and good corporate citizenship have shifted as political and social climates have changed in New York, the United States, and around the world. I discuss some of those challenges in this Article. My primary focus, however, is the challenge of talking about race in business and corporate law courses and seminars.