Digital Commons Network^™

Local Institutions, Foreign Investment And Alternative Strategies Of Development: Some Views From Practice, Tamara Lothian, Katharina Pistor

Faculty Scholarship

This Essay summarizes the major insights gained from a panel discussion with legal practitioners about the relevance of local institutions to foreign direct investors. The Essay offers a critique of policy conclusions drawn from empirical studies that suggest a positive correlation between legal institutions and foreign investment flows. It points out that the data used in these studies are far too general to allow policy conclusions and that neither the data nor the policy conclusions are sufficiently attuned to the challenges or opportunities that foreign direct investment projects face on the ground. According to the results of the panel discussion, …

More Disagreement Over Human Dignity: The Federal Constitutional Court's Most Recent Benetton Advertising Decision, Craig T. Smith

Faculty Publications

No abstract provided.

Rethinking The Death Penalty: Can We Define Who Deserves Death – A Symposium Held At The Association Of The Bar Of The City Of New York May 22, 2002, Martin J. Leahy, Norman L. Greene, Robert Blecker, Jeffrey L. Kirchmeier, William M. Erlbaum, David Von Drehle, Jeffrey A. Fagan

Faculty Scholarship

In light of the defects of the capital punishment system and recent calls for a moratorium on executions, many are calling for serious reform of the system. Even some who would not eliminate the death penalty entirely propose reforms that they contend would result in fewer executions and would limit the death penalty to a category that they call the "worst of the worst." This program asks the question: Is there a category of defendants who are the "worst of the worst?" Can a crime be so heinous that a defendant can be said to "deserve" to be executed? Would …

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Faculty Scholarship

In this essay, the point of view I wish to take is that of authors who create or disseminate works over digital networks. I believe that their situation reflects both perspectives. Like the Avignon popes and the fifth century Roman emperors, authors might be considered displaced persons, because others might cast their works into the digital Empyrean, disconnected from physical points of attachment to any particular jurisdiction. But, like the Germanic tribes that crossed the Rhine River late in December 406, at least some authors might also be considered the displacers, because they choose to exploit the newly-found technological irrelevance …

A Few Reflections On The Model Penal Code Commentaries, Kent Greenawalt

Faculty Scholarship

When Deborah Denno invited me to participate in the panel of the Association of American Law Schools discussing possible revision of the Model Penal Code, I initially declined, not having taught criminal law for more than two decades and having written only sporadically in the field. Professor Denno urged that as one involved in the revision of the Commentary, I might nonetheless have something to contribute. In these reflections, as at the session, I have mainly restricted myself to the relationship between the final commentary and the Code itself.

As Gerard Lynch's essay explains, the Model Penal Code was the …

An Appreciation Of Jonathan I. Charney, Lori Fisler Damrosch

Faculty Scholarship

Jon Charney preceded me into the academic world by a dozen years and already had a well-established reputation in international law when I was a brand-new law teacher. At the time we met in 1984, Jon was tackling some of the most ambitious topics in the theory and practice of international law, and he reached out to others for collegial engagement on those subjects. From the mid-1980s, he and I worked together on three collaborative books and on many projects for the American Society of International Law and the American Journal of International Law.

Employee Stock Ownership After Enron: Proceedings Of The 2003 Annual Meeting, Association Of American Law Schools Section On Employee Benefits, Norman P. Stein, Colleen E. Medill, Susan J. Stabile, Jeffrey N. Gordon, Louis H. Diamond, Damon Silvers, Patricia E. Dilley

Faculty Scholarship

This session is entitled "Employee Stock Ownership After Enron," and I assume that title has drawn into this room people who know something about either Enron or employee stock, or both. For our purposes, the Enron story has as its focus the Enron 401(k) plan, which was the principal retirement plan for most Enron employees. Employees could make elective contributions to the 401(k) plan, which offered nineteen investment options, one of which was Enron stock. The 401(k) plan also provided that Enron would match employee contributions up to 3 percent of compensation. Enron's match, however, was made in Enron stock. …

Preface, Jerri Shepard

Journal of Hate Studies

There are many people who would rather not look at the issue of hate, and cannot understand why there is a need for an Institute for Action Against Hate. In the struggle to combat hate, it must be identified—and named for what it is—before it can be prevented. Gonzaga University’s Institute for Action Against Hate was founded in 1998 with the purpose of fighting hate through education, research, and advocacy. Its genesis derived from concerns surrounding the apparent increase in the phenomenon of hate—especially racial and religious hate—as it manifested itself on campuses and in communities throughout the country. The …

Images Of Slavery In The Early Church: Hatred Disguised As Love?, Kimberly Flint-Hamilton

Journal of Hate Studies

The Ardoyne neighborhood is not a place a tourist would want to visit. Its streets today are the front lines of what some would classify as a religious holy war, and are the regular backdrop for violent scenes of masked demonstrators, burning cars, and heavily armed soldiers and riot police. Guard towers, walls topped with barbed wire, armored cars, and helicopters are part of daily life in this area, but this neighborhood is not in the Middle East. Rather, it lies far to the north in Belfast, Northern Ireland, part of industrialized Western Europe. Here, row upon row of run-down …

The Role The Dutch Reformed Church Played In The Rise And Fall Of Apartheid, Jennifer Nelson

Journal of Hate Studies

The history of the Dutch settlers (later to become the Afrikaners), bound to their strong Calvinistic beliefs, became the cornerstone of white South African history in the nineteenth and twentieth centuries. The Great Trek (the emigration from the Eastern Cape Colony into the interior of Southern Africa by some 12,000 to 14,000 Dutch-speaking farmers between 1834 and the early 1840s) is regarded by Afrikaners as a central event of their history and the origin of their nationhood. It was during The Great Trek that the Afrikaans language and their unique culture developed. It was during this period that the Afrikaners’ …

Engendering Hate Crime Policy: Gender, The "Dilemma Of Difference," And The Creation Of Legal Subjects, Valerie Jenness

Journal of Hate Studies

Nearly six years after two women were bound and gagged and had their throats slit while camping and hiking in Shenandoah National Park, U.S. Attorney General John D. Ashcroft held a historic nationally televised press conferenceon April 11, 2002 to announce that the U.S. Justice Department invoked the federal hate crimes statute for the first time to charge the alleged murderer with hate crime. In announcing the indictment, Ashcroft spoke at length about his meeting with the parents of the victims and about the lives and characters of the young women: two Midwesterners who migrated to New England, met and …

The Conquering Lion, Julian Aguon

Journal of Hate Studies

People have often asked me what I thought justice meant. I used to quote the rhetoric voiced by many leftists today across college campuses. Now I see that justice is a word that drips with sweat and blood. Studying the rich history of black women in America, I am compelled to look inward to see myself, and my own truths, and listen to my own stories, and to ground my journey as a cocreator of justice with integrity.

A Century Of Genocide: Utopias Of Race And Nation, Beth Greenbaum

Journal of Hate Studies

Driven by thirst after just arriving at Auschwitz, told he can’t even break off an icicle to suck, Primo Levi asks, “Why?” A guard answers, “There is no ‘why’ here.” Why did this happen? Why did the Holocaust happen? Why do other genocides continue to happen? Eric D. Weitz, in his book A Century of Genocide: Utopias of Race and Nation, suggests a nation’s attempt to create a utopian society leads to genocide. His answer to this unanswerable, almost unaskable question—why—is courageous and fruitful.

Frontmatter (The Christian Librarian 46:1)

The Christian Librarian

No abstract provided.

Expanding Our Boundaries With Technology, Kate F. Nevins

The Christian Librarian

"When Kate first came to speak at the ACL Conference at Lee University, I think I'm not exaggerating by saying we fell in love with her and she fell in love with us. We enjoyed her and her enthusiasm and she enjoyed us. I was trying to figure out what I was going to plan for another general session at this year's conference and about that time Steve Preston sent me a note saying, 'Just got a note from Kate, and she is so excited that ACL was coming back here and she wanted to come to the conference. Was …

Collegiality: An Atmosphere For Expanding Intellectual Stimulation, Tami Echavarria Robinson

The Christian Librarian

Libraries are the arena where intellectual interaction takes place through the universal conversation of scholarship. Librarians share a common commitment to learning and service. In addition Christian librarians share a calling to knowledge and service that comes from the Holy Scriptures. Aspects of integrating our Christian faith, through the professional environment we create in our workplace, are considered. Collegiality as the means to achieve a productive library ambience for scholarship is suggested. When a Library has an atmosphere conducive to promoting learning it is a place of intellectual stimulation where the culture is collegial and the values of Christianity are …

Job Searching In The New Millennium, Linda L. Jones

The Christian Librarian

A good job search starts with writing resumes and references. Choosing the type of resume to send and the references to list are crucial to the application. Other often neglected items include the cover letter and thank you letters, which contribute to a successful job search.

Frontmatter (The Christian Librarian 46:2)

The Christian Librarian

No abstract provided.

Job Searching In The New Millennium, Linda L. Jones

The Christian Librarian

Electronic technology has changed the jobs of librarians and it has changed some of the ways we obtain those jobs. E-Mail and list servs have proven to be valuable assets in networking and encouragement for those seeking jobs. What was once a laborious and often relatively isolated activity has now developed into a national and even international support group of fellow professionals who will pray and provide assistance in the job search.

Resources which once could only be found through small ads in the professional journals, if then, are now available almost instantaneously. Job announcements can be scanned the same …

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.

Fighting Censorship In America, Who Are The Real Censors?, Dennis Ingolfsland

The Christian Librarian

During the last half of the 20'11 century, the American Library Association- through the Office of Intellectual Freedom, the Freedom to Read Foundation and the Intellectual Freedom Action Network (ALAs Office 1995, 13) has emerged as one of America's leading opponents of censorship and advocates of free speech. The American Library Association's opposition to censorship is so absolute that it stands firmly against any library restrictions on access to books, magazines or internet sites even by children (Intellectual 1996, 84-94; cf. Berry 1998, 6; Mason 1997, I 04). There is some evidence, however, to suggest that there is a gap …

Confronting The Challenge Of Information Literacy, Steven L. Baker

The Christian Librarian

Confronting the challenges to any academic institution posed by the revolution in information resources since the appearance of the Internet can be a daunting task. Providing the financial and human resources required to provide reliable and secure access can alone be a major hurdle. The specialized equipment needed to effectively incorporate the new resources into student learning environments present an additional burden. The need to collaboratively manage the systems and adapt staffing patterns to the new resources can challenge the skills of the best administrators. The patterns of information seeking behavior exhibited by students in today's richly diverse information environment …

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.

Nonlinear Time Series Prediction By Weighted Vector Quantization, Amaury Lendasse, D. Francois, V. Wertz, M. Verleysen

Engineering Management and Systems Engineering Faculty Research & Creative Works

Classical Nonlinear Models for Time Series Prediction Exhibit Improved Capabilities Compared to Linear Ones. Nonlinear Regression Has However Drawbacks, Such as overfilling and Local Minima Problems, User-Adjusted Parameters, Higher Computation Times, Etc. There is Thus a Need for Simple Nonlinear Models with a Restricted Number of Learning Parameters, High Performances and Reasonable Complexity. in This Paper, We Present a Method for Nonlinear Forecasting based on the Quantization of Vectors Concatenating Inputs (Regressors) and Outputs (Predictions). Weighting Techniques Are Applied to Give More Importance to Inputs and Outputs Respectively. the Method is Illustrated on Standard Time Series Prediction Benchmarks. © Springer-Verlag …

Software Development In The Grid: The Damien Tool-Set, Edgar Gabriel, Rainer Keller, Peggy Lindner, Matthias S. Müller, Michael M. Resch

Engineering Management and Systems Engineering Faculty Research & Creative Works

The development of applications for Grid-environments is currently lacking the support of tools, which end-users are familiar with from their regular working environment. This paper analyzes the requirements for developing, porting and optimizing scientific applications for Grid-environments. A toolbox designed and implemented in the frame of the DAMIEN project which closes some of the gaps and supports the end-user during the development of the application and its day-to-day usage in Grid-environments is then presented. © Springer-Verlag Berlin Heidelberg 2003.

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson

Faculty Scholarship

With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. Despite the relatively few debates …

What Did They Do And What Does It Mean? The Three-Judge Court's Decision In Mcconnell V. Fec And The Implications For The Supreme Court, Richard Briffault

Faculty Scholarship

My role at this symposium is to provide a brief overview of the three-judge court's decision in McConnell v. FEC, review the opinions, piece together what the court actually decided, and see how the Bipartisan Campaign Reform Act of 2002 ("BCRA") now stands. I will try to do that briefly, while giving a few general comments about what the court's opinions tell us about the state of campaign finance law today. As a preliminary matter, the three-judge court's opinions provide us with two radically different world views – almost two different intellectual universes – for thinking about campaign finance …

Where Will Women Lawyers Be In 25 Years?, Frances E. Bivens, Joan Guggenheimer, Nancy Northrup, Susan Sturm, Judith Reinhardt Thoyer

Faculty Scholarship

Barbara Black said in her unbelievably moving remarks that Columbia has opened up its institutional heart to women. I thought that was a wonderful expression and, as a relative newcomer to Columbia, I have to agree. What does this mean? It means that women have become part of the cultural fabric of the Columbia Law School. We are not an accent. We are not an accessory. We are woven into the day-to-day fabric of the school. And this means being able both to participate in the old traditions and to reshape them to make some new traditions and then have …

Thinking About Feminism, Social Justice, And The Place Of Feminist Law Journals: A Letter To The Editor, Suzanne B. Goldberg

Faculty Scholarship

Dear Editors:

You, like the editors who came before you, have staked a place in an invigorating and challenging conversation about the transformative potential of feminist approaches to social justice.1 As you envision and edit your journal, fundamental questions about the purpose of feminist scholarship and the value of retaining an autonomous space for feminist jurisprudence loom large.

Not surprisingly, The Bluebook will provide little guidance on these topics. Instead, consistent with the feminist enterprise,2 you will need to search out sources, both within and outside of the law school library, to spark your critical thinking. Ideally these will ensure …

Incomplete Law, Katharina Pistor, Chenggang Xu

Faculty Scholarship

This Article develops a framework for analyzing the relation between basic features of statutory and case law and the design and functioning of institutions that enforce this law. The basic premise is that law is inherently incomplete and that this has important implications for law enforcement. In particular, when law is incomplete, special emphasis needs to be placed on the allocation of lawmaking and law enforcement powers (LMLEP) to different institutions such as legislatures, courts, or regulators, in order to attain optimal levels of law enforcement. Using the development of the legal framework governing financial markets as an example to …