Digital Commons Network^™

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.

Walking The Talk Of Trust In Human Subjects Research: The Challenge Of Regulating Financial Conflicts Of Interest, Robert Gatter

All Faculty Scholarship

There has been a call for more stringent regulation of financial conflicts of interest in human subjects research following the deaths of several individuals who volunteered to participate in human subjects research, which deaths were linked to the financial conflicts of interest of participating researchers and research institutions. Each proposal argues that regulation is necessary to restore trust in medical research. This Article examines whether proposed strategies for regulating financial conflicts of interest are likely to achieve the goal of a trustworthy human research enterprise. It does not question whether enhancing trustworthiness is an appropriate goal; rather, it assumes that …

An In-Vitro Comparison Of The Retention Of Prefabricated Parallel-Sided Vented Titanium Posts Cemented With Three Different Dual-Polymerizable Resin Cements, Maha Mamdouh Mostafa El-Sayed

Theses and Dissertations

AbstractAN IN-VITRO COMPARISON OF THE RETENTION OF PREFABRICATED PARALLEL-SIDED VENTED TITANIUM POSTS CEMENTED WITH THREE DIFFERENT DUAL-POLYMERIZABLE RESIN CEMENTSBy Maha M. El-Sayed, B.D.S., D.M.D.A Thesis submitted in partial fulfillment of the requirements for the degree of Master of Science at Virginia Commonwealth University.Virginia Commonwealth University, 2003Thesis Director: David R. Burns, D.M.D. Associate Professor and Program DirectorGraduate ProsthodonticsDepartment of ProsthodonticsPurpose: The purpose of this in-vitro study was to compare the retentive strength of an autopolymerizing resin cement to three dual-polymerizable resin cements when used to cement paraposts without light activation and to relate diametral tensile stress and hardness as a measure …

A Model Of Norm Development For Computer-Mediated Teamwork, Charles R. Graham

Faculty Publications

The process of establishing norms is an important aspect of group dynamics. Most, if not all, of the major models of group development incorporate norming as an important part of the process. However, little is understood and agreed on regarding how norms develop.With the increased availability and power of technology to connect people at remote sites, the popularity of computer-mediated teamwork has increased dramatically. This new communication context brings with it some dramatic differences from the traditional face-to-face context, along with a need to understand how norms develop in this environment. This study investigates the norming process engaged in by …

Blended Learning Environments Definitions And Directions, Russell T. Osguthorpe, Charles R. Graham

Faculty Publications

During the past decade the availability of computer technologies, such as the Internet, have greatly expanded the educational options available to learners and instructors alike. Innovative uses of technology have begun to blur the distinctions between traditional face-to-face and more recent distance learning environments. As the learning environments have been combined, many have recognized the inherent strengths and weaknesses associated with both.

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, …

Increasing Mathematical Thinking Skills Of Fourth-Grade Students By Improving The Quality Of Mathematical Tasks, Joan F. Sagona

Abraham S. Fischler College of Education ETD Archive

This applied dissertation studied the effects of the participation of a small group of 4th-grade teachers in professional development involving the use of worthwhile mathematical tasks on teacher practices and student learning. The intervention was designed to improve students' mathematical thinking and to help teachers balance conceptual mathematical understanding with procedural fluency. The instructional and assessment practices used by the 4th-grade teachers at this school were driven by a view of mathematics as computation and procedures. Research has documented higher levels of student thinking and teacher change through use of worthwhile mathematics tasks and job-embedded professional development.

The researcher developed …

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. …

Testing The Efficacy Of A Youth Development Afterschool Program For Students At A Georgia Middle School, Jacquita E. Vickers

Abraham S. Fischler College of Education ETD Archive

This applied dissertation was designed to provide a quality youth development afterschool program (YDAP) to at-risk middle school children who were otherwise unsupervised after school hours. An increase in Level 1 performance for students on the Georgia State Building Level Criterion-Referenced Competence Test (CRCT) for 2002 at Forest Park Middle School (FPMS) translated to high-risk students not meeting Georgia state-mandated minimum performance standards. Disciplinary issues at FPMS were problematic with 597 disciplinary incidents with the severest being possession of weapons and sexual battery. In addition, problems with attendance, a desire to form and retain student resiliency, and a survey showing …

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 …