Digital Commons Network^™

The Evolving Legal Status Of Chimpanzees

Animal Law Review

On September 30, 2002, Harvard Law School hosted a legal symposium sponsored by the Chimpanzee Collaboratory's Legal Committee. The symposium featured speakers with expertise on chimpanzees, as well as legal scholars and lawyers who discussed the possibility of obtaining legal rights for chimpanzees and other great apes. This symposium sought to advance the argument that chimpanzees are entitled to some degree of legal status, and the speakers presented a range of views about how far such legal rights should extend. These remarks reflect the connection between the growning scientific understanding of chimpanzees and the advances in related legal doctrines. This …

A Review Of Minding Animals: Awareness, Emotions, And Heart By Dr. Mark Bekoff, Michael Tobias

Animal Law Review

No abstract provided.

A Conceptual Model Of Health Care Fraud Enforcement, Joan H. Krause

Faculty Publications

No abstract provided.

Night Thoughts: Reflections On The Debate Concerning Same-Sex Marriage, John V. Orth

Faculty Publications

No abstract provided.

New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith

Faculty Publications

No abstract provided.

Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, The Thirty-Third Annual Administrative Law Issue Agencies, Economic Justice, And Private Initiatives, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission's general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.

Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green

Faculty Scholarship

Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …

Peace-Making Role Of A Mediator, The The Americanization Of International Dispute Resolution, John D. Feerick

Faculty Scholarship

Mediation, or the intervention of third parties, has been a tested and tried means of dispute resolution since the earliest history of the world. The theme for this program, the Americanization of International Dispute Resolution, asks whether there is an American style of dispute resolution and, if there is, whether it is positive or negative for the peaceful settlement of international disputes. In approaching my assignment of Mediation in Armed Conflict, I have focused my attention on Northern Ireland, a society that has experienced a violent conflict for the past thirty years, in which many efforts at mediation have taken …

Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds

Faculty Scholarship

This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …

New Problem-Solving Scholarship: An Historical Tale With A Happy Ending, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Best Interests Not To View This.Com: Should The First Amendment Ever Come Second?, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

Transition Of Ninth-Grade Students To Tenth Grade Using A Mentorship Program, Maryann Joanna Giacchino

Abraham S. Fischler College of Education ETD Archive

Falcon Family was a peer mentoring project implemented at Dunedin High School in the 2001-2002 school year as one method of improving academic performance by ninth-grade students. The project was based, in part, on research showing that ninth-grade students are frequently unprepared for high school and that teachers generally prefer not to teach ninth-grade classes. The literature showed that peer mentorship can act as a deterrent that might result in reducing the retention rate.

As part of the Falcon Family project, an upper-class student was assigned to a ninth grader to assist in developing strategies for completing the ninth grade …

Development Of A Sports Management Option To The Associates Degree In Health And Exercise Science At Camden County College, With A Plan For Implementation And Evaluation, Nicholas J. Dicicco

Abraham S. Fischler College of Education ETD Archive

The department of health and exercise science at Camden County College (CCC) offers certificate, and degree programs. The degree program is its largest. The problem is that the curriculum in this program has not evolved to keep pace with advances in the field. This has led to a disconnect between the four-year institution program offerings in this field, and the program offerings at CCC, a trend of declining enrollments, and the loss of credits upon transfer by students in the degree program.

As a response to this problem, a sport management option to the curriculum was developed, along with a …

Possible Factors For Achievement Gap In Reading For Eighth-Grade African American Males, Sherry L. Harrison

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to gain insight into the reading achievement gap of African American males in Grade 8 on the North Carolina (NC) End of Grade (EOG) test, to provide insight into 4 schools in NC. Schools in which this group of students scored better on the NC EOG test were compared with schools in which this group of students did less well on the NC EOG test. Two randomly selected low Level 1 schools and 2 randomly selected high Level 2 schools identified by the NC 1999-2000 EOG test scores of 8th-grade African American male students were …

Negotiating Voices: Ethnography Of Interactive Theatre Techniques Within A Classroom, Jana Gymer-Koch

Dissertations and Theses @ UNI

During the Spring 2001 semester I had the opportunity to conduct an ethnography of Dr. Karen Mitchell's course "Texts and Contexts: Performance and Social Change" at the University of Northern Iowa. This course is designed to link performance with social change issues, by utilizing personal narrative and Augusto Boal' s Theatre of the Oppressed techniques: forum theatre, image theatre, and invisible theatre. These techniques were chosen by Dr. Mitchell on the basis of their capacity to involve both actors and audiences in the issues to be addressed and because they are based on Paulo Freire' s principles of liberatory education. …

Improving Fourth-Grade Students’ Success In Mathematics Using Multiple Strategies Proposed In The Literature, Benny Steve Lenderman

Abraham S. Fischler College of Education ETD Archive

The problem identified for this applied dissertation was that 4th-grade students were not achieving success in mathematics. The results of 3 diagnostic and achievement tests--the STAR Math Test, the Diagnostic Achievement Battery-3, and the Peabody Individual Achievement Test- Revised/Normative Update--confirmed that the problem existed. The goal for this applied dissertation was that 4th-grade students would achieve success in mathematics.

The attempt to solve the problem involved several solution strategies. Children worked in cooperative pairs and small groups as they participated in manipulativebased mathematics lessons and problem-solving lessons. They experienced reading for understanding the mathematics lessons in their reform-based textbooks. In …

Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Re-Imagining Justice: Progressive Interpretations Of Formal Equality, Rights, And The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of cooperative community life, the book presents a vision of law that facilitates rather than frustrates politics, an analysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision …

Trade Sanctions And Human Rights–Past, Present, And Future, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The relationship between the international law of trade and the international law of human rights has commanded an increasing amount of scholarly attention in the past few years, perhaps spurred by the well-known events at Seattle in 1999. This article offers some reflections on this relationship, focusing on the permissibility under international law of imposing trade sanctions against nations that commit violations of international human rights. Part I begins with some reflections on the historical relationship between these two bodies of law. Part I also considers why the human rights community appears to feel threatened by the international trade system, …

Regionalism Versus Globalism: A View From The Americas, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The well-deserved celebration of UNIDROIT'S first seventy-five years focused on a topic that is of particular interest to the Organization of American States and to the organ of the OAS to which the author belongs, the Inter-American Juridical Committee. The topic of the 75th Anniversary Congress--"Worldwide Harmonization of Private Law and Regional Integration"--implicates one of the several dichotomies with which we in the Inter-American system who work on questions of private international law (and international private law) have been grappling in recent years, the problem of regional versus global approaches to the harmonization of private international law (and international private …

Eldred And Lochner: Copyright Term Extension And Intellectual Property As Constitutional Property, Paul M. Schwartz, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Since the ratification of the constitution, intellectual property law in the United States has always been, in part, constitutional law. Among the enumerated powers that Article I of the Constitution vests in Congress is the power to create certain intellectual property rights. To a remarkable extent, scholars who have examined the Constitution's Copyright Clause have reached a common position. With striking unanimity, these scholars have called for aggressive judicial review of the constitutionality of congressional legislation in this area. The champions of this position--we refer to them as the IP Restrictors--represent a remarkable array of constitutional and intellectual property scholars. …

Introduction: Global Intellectual Property Rights: Boundaries Of Access And Enforcement, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Introduction to the Global Intellectual Property Rights: Boundaries of Access and Enforcement Symposium.

The Intellectual Property, Media & Entertainment Law Journal put together a symposium that focused on three issues in intellectual property: patents, The End of Equivalents? Examining the Fallout from Festo; Eldred, a case argued before the Supreme Court; and the relationship between the First Amendment and Internet filters.

Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman

All Faculty Scholarship

This article briefly describes the history of jury courts and lay participation in various countries, and the inter-related political and procedural reasons for introducing lay participation. It specifically focuses on the introduction of lay participation in application to Japan’s new mixed court system.

A Tribute To Gene W. Matthews, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Conference Center, across the street from the Centers for Disease Control and Prevention (CDC) on Clifton Road in Atlanta, I sat on a leather sofa with one of my oldest, dearest friends-Gene Matthews, Legal Adviser to the CDC. Gene asked to meet me to talk about how we might invigorate the field of public health law. Matthews and his colleagues at CDC were hatching an idea to commence a grass-roots movement in public health law.

American Servicemembers' Protection Act Of 2002, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

On July 1, 2002, the Rome Statute of the International Criminal Court ("ICC") entered into force, establishing the first permanent international criminal tribunal. Although seventy-six countries had ratified the Rome Statute by that date, the United States was not among them. Instead, Congress responded to the creation of the ICC by passing a bill sponsored by House Majority Whip Tom DeLay (R-Tex.) that Republican legislators had been trying to get through the House and Senate for several years. On August 2, 2002, the American Servicemembers' Protection Act of 2002 ("ASPA") became law. The Act was designed to prevent United States …

Conspiracy Theory, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Over one-quarter of all federal criminal prosecutions and a large number of state cases involve prosecutions for conspiracy. Yet, the major scholarly articles and the bulk of prominent jurists have roundly condemned the doctrine. This Article offers a functional justification for the legal prohibition against conspiracy, centering on psychological and economic accounts. Advances in psychology over the past thirty years have demonstrated that groups cultivate a special social identity. This identity often encourages risky behavior, leads individuals to behave against their self-interest, solidifies loyalty, and facilitates harm against non-members. So, too, economists have developed sophisticated explanations for why firms promote …

Brown V. Board Of Education: 50 Years Later, Dana M. Malkus

All Faculty Scholarship

In Brown v. Board of Education, the U.S. Supreme Court unanimously concluded that the doctrine of “separate but equal” had no place in public education. That decision on May 17, 1954 initiated educational reform throughout the country and was a catalyst in launching the modern Civil Rights movement. Though Brown signaled the beginning of the end of de jure segregation in the United States, events since reveal that – one-half century later – the work is far from complete. On Friday, October 10, 2003, scholars, students, and practitioners joined together at Saint Louis University School of Law for a full-day …

Quilting| A Thread To Connect The Curriculum, Mary Jane Mcallister

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Neural Networks Skin Tumor Diagnostic System, Zhao Zhang, William V. Stoecker, Randy Hays Moss

Electrical and Computer Engineering Faculty Research & Creative Works

In this study, a malignant melanoma diagnostic system is designed using a straightforward neural network with the back-propagation learning algorithm. Eleven features are automatically extracted from skin tumor images. The correct diagnostic rate of this system is better than the average rate of 16 dermatologists who based their diagnosis with only the slide images.

Transforming Aggressive Prosecution Policies: Prioritizing Victims’ Long-Term Safety In The Prosecution Of Domestic Violence Cases, Deborah Epstein, Margret E. Bell, Lisa A. Goodman

Georgetown Law Faculty Publications and Other Works

Until fairly recently, prosecutors' offices around the country ignored domestic violence cases, failing to press charges in the vast majority of situations and dropping charges prior to conviction in many others. In the 1980s and 1990s, however, the battered women's movement made significant efforts to improve the criminal justice system's response. One way that this effort has met with substantial success is that many prosecutors' offices now have adopted aggressive "no-drop" policies for domestic violence cases. In these jurisdictions, cases proceed regardless of the victim's preferences about prosecution, even if she recants her original story and testifies for the defense.