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2003

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The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark Jan 2003

The Constitutional Structure And The Jurisprudence Of Justice Scalia, Bradford R. Clark

GW Law Faculty Publications & Other Works

Commentators generally regard federalism and separation of powers as distinct features of the constitutional structure. In reality, these doctrines were designed to work together to further the same goals: to avoid tyranny and to preserve individual liberty. Professor Thomas Merrill overlooks this connection in a recent attempt to explain the Supreme Court's decision making process under Chief Justice William Rehnquist. Professor Merrill maintains that there have been two Rehnquist Courts: one from 1986 to 1994, and another from 1994 to the present. In Professor Merrill's view, the first Rehnquist Court focused on social issues - such as abortion, affirmative action, …


Professor Hudec's Contribution To World Order, Steve Charnovitz Jan 2003

Professor Hudec's Contribution To World Order, Steve Charnovitz

GW Law Faculty Publications & Other Works

For over three decades, Professor Robert E. Hudec shaped the field of international trade law, and inspired students, colleagues, and policy-makers around the world. Professor Hudec was a spirited, witty, unassuming, kind, and honest man. He enjoyed having his ideas contested by others, and was willing to spend time to help colleagues and students think through their ideas. This tribute to Professor Hudec collects a series of stories and acknowledgments from his peers and colleagues.


Assessing The Ilo's Efforts To Develop Migration Law, Steve Charnovitz Jan 2003

Assessing The Ilo's Efforts To Develop Migration Law, Steve Charnovitz

GW Law Faculty Publications & Other Works

The world community has increasingly recognized the movement of people as an issue of global policy rather than an exclusive sovereign preserve of individual governments. In considering whether a good case exists for establishing a World Migration Organization, policymakers and stakeholders should look at whether existing international organizations can be better used to enhance international cooperation on migration policy. One such organization may be the International Labour Organization (“ILO”), a UN specialized agency that has worked on migrant issues from its beginning. This article analyzes the work of the ILO in international migration as prolegomena to assessing whether its role …


The World Trade Organization And Law Enforcement, Steve Charnovitz Jan 2003

The World Trade Organization And Law Enforcement, Steve Charnovitz

GW Law Faculty Publications & Other Works

Increased threats from transborder criminal activity are leading to stronger governmental and intergovernmental responses in the military, judicial, and regulatory arenas. These efforts, particularly the non-military efforts, raise a new issue in international economic law: the intersection between trade and law enforcement. This paper provides an overview of this “trade and law enforcement” linkage in four areas: (1) security, (2) health, (3) human rights, and (4) environmental protection. To explain the linkage between trade and law enforcement, I present the taxonomy of how trade measures are usable for law enforcement, and I offer a synopsis of the WTO provisions relevant …


The American Worker: Junior Partner In Success And Senior Partner In Failure, Charles B. Craver Jan 2003

The American Worker: Junior Partner In Success And Senior Partner In Failure, Charles B. Craver

GW Law Faculty Publications & Other Works

This article explores the degree to which American workers are treated like second-class parties by corporate leaders. When business firms do well, share holders and managers obtain significant financial gains, but rank-and-file workers do not usually share in those gains. On the other hand, when firms do poorly, thousands of employees are laid off, while managers obtain bonuses for their forthright actions designed to curtail labor costs. These developments correspond directly to the decline of labor organizations in the United States. When unions represented 35 percent of private sector workers in the late 1950s and 1960s, wages and benefits were …


Negotiation Styles: The Impact On Bargaining Transactions, Charles B. Craver Jan 2003

Negotiation Styles: The Impact On Bargaining Transactions, Charles B. Craver

GW Law Faculty Publications & Other Works

This article discusses the three major negotiating styles and their impact on bargaining interactions. The first is the Cooperative/Problem-Solving style in which the participants are entirely open with each other, and work to achieve fair agreements that maximize the joint gains they achieve. The Competitive/Adversarial style involves persons who are less open and strive to maximize their own returns. The third approach involves the Competitive/Problem-Solving style in which negotiators seek generous returns for themselves, but also work to maximize the joint returns achieved by both sides. Studies show that over half of Cooperative/Problem-Solvers are considered by their peers to be …


The Case For Registering Patents And The Law And Economics Of Present Patent-Obtaining Rules, F. Scott Kieff Jan 2003

The Case For Registering Patents And The Law And Economics Of Present Patent-Obtaining Rules, F. Scott Kieff

GW Law Faculty Publications & Other Works

The legal rules for determining whether an inventor is entitled to a patent are presently enforced in the first instance by the Patent Office through ex parte examination of patent applications. Critics of various aspects of the patent system suggest that these rules should be ratcheted up in some way, subjecting patents to more scrutiny during Patent Office examination. Departing from existing literature, this paper offers a hypothetical model system under which patent applications are merely registered, not examined, to show how hard look approaches like examination increase social costs over soft look approaches like registration. The paper presents a …


Biology Goes Digital: An Array Of 5,700 Spartan Fpgas Brings The Biowall To "Life", Christof Teuscher, Gianluca Tempesti Jan 2003

Biology Goes Digital: An Array Of 5,700 Spartan Fpgas Brings The Biowall To "Life", Christof Teuscher, Gianluca Tempesti

Electrical and Computer Engineering Faculty Publications and Presentations

A unique, scientific research instrument and art piece, the BioWall models bio-inspired electronic tissues capable of evolution, selfrepair, self-replication – and learning. Much pure and applied scientific research has focused on replicating biological functions in digital hardware. Here, at the Logic Systems Laboratory of the Swiss Federal Institute of Technology in Lausanne (EPFL), we have utilized 5,700 Xilinx Spartan™ FPGAs, in multiple configurations, to build bio-inspired computing machines that exploit three essential biological models: • Phylogenesis – the history of the evolution of the species • Ontogenesis – the development of an individual as directed by his genetic code • …


Qualification Of A Cmos Linear Image Sensor Lis-1024, Srinath Neelamegam Jan 2003

Qualification Of A Cmos Linear Image Sensor Lis-1024, Srinath Neelamegam

Graduate Dissertations and Theses

The world of optoelectronics merges diverse fields, such as physics, optics, electronics, chemistry, and material science. It leads to more advanced and efficient applications by exploiting the properties of light, which is typically a more effective data and energy transfer medium than electron flow. A couple of well-known applications are the optical imagers and sensors used for cameras, scanners, and barcode readers. The two prominent image sensor types are Complimentary Metal Oxide Semiconductor (CMOS) image sensors and Charge Coupled Devices (CCDs). While CMOS sensors have traditionally performed well in new applications, such as Personal Computer (PC) cameras (where CCDs were …


Speech-Zilla Meets Trademark Kong?: How The Hollywood Circuit Got It Wrong In The Barbie Battle, Mattel, Inc. V. Mca Records, Inc., Steven Y. Reeves Jan 2003

Speech-Zilla Meets Trademark Kong?: How The Hollywood Circuit Got It Wrong In The Barbie Battle, Mattel, Inc. V. Mca Records, Inc., Steven Y. Reeves

Minnesota Journal of Law, Science & Technology

No abstract provided.


Toward Aligning The Law With Biology? The Federal Circuit's About Face In Enzo Biochem, Inc. V. Gen-Probe, Inc., John C. Stolpa Jan 2003

Toward Aligning The Law With Biology? The Federal Circuit's About Face In Enzo Biochem, Inc. V. Gen-Probe, Inc., John C. Stolpa

Minnesota Journal of Law, Science & Technology

No abstract provided.


Hatch-Waxman - Thoughtful Planning Or Just Piling On: A Consideration Of The Federal Trade Commission's Proposed Changes, Brian Urevig Jan 2003

Hatch-Waxman - Thoughtful Planning Or Just Piling On: A Consideration Of The Federal Trade Commission's Proposed Changes, Brian Urevig

Minnesota Journal of Law, Science & Technology

No abstract provided.


Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer Jan 2003

Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer

Minnesota Journal of Law, Science & Technology

No abstract provided.


Guaranteed Jurisdiction: The Emerging Role Of Fed. R. Civ. P. 4(K)(2) In The Acquisition Of Personal Jurisdiction Of Foreign Nationals In Internet Intellectual Property Disputes, Jeffrey R. Armstrong Esq. Jan 2003

Guaranteed Jurisdiction: The Emerging Role Of Fed. R. Civ. P. 4(K)(2) In The Acquisition Of Personal Jurisdiction Of Foreign Nationals In Internet Intellectual Property Disputes, Jeffrey R. Armstrong Esq.

Minnesota Journal of Law, Science & Technology

No abstract provided.


Slouching Toward A Morass: The Case For Preserving Complete Carmack Preemption, George W. Wright Jan 2003

Slouching Toward A Morass: The Case For Preserving Complete Carmack Preemption, George W. Wright

DePaul Business & Commercial Law Journal

No abstract provided.


Raising The Tax Bar: Redefining The Roles Of Accountants And Lawyers For A Practical Solution To The Multidisciplinary Practice Debate, Janice A. Alwin, Jason P. Eckerly Jan 2003

Raising The Tax Bar: Redefining The Roles Of Accountants And Lawyers For A Practical Solution To The Multidisciplinary Practice Debate, Janice A. Alwin, Jason P. Eckerly

DePaul Business & Commercial Law Journal

No abstract provided.


The 'All-Holder - Best Price' Rule: Executive Compensation Agreements And Their Place In Tender Offers, John Mueller Jan 2003

The 'All-Holder - Best Price' Rule: Executive Compensation Agreements And Their Place In Tender Offers, John Mueller

DePaul Business & Commercial Law Journal

No abstract provided.


Justifications For The Probation Sanction Among Residents Of Virginia--Cool Or Un-Cool?, Brian K. Payne, Randy R. Gainey, Ruth A. Triplett, Mona J. E. Danner Jan 2003

Justifications For The Probation Sanction Among Residents Of Virginia--Cool Or Un-Cool?, Brian K. Payne, Randy R. Gainey, Ruth A. Triplett, Mona J. E. Danner

Sociology & Criminal Justice Faculty Publications

Perhaps as evidence of a growing cultural gap between our students and ourselves, one of the authors was recently amused when a student asked whether probation was a "cool" sanction. In this study, we begin an investigation into how cool the probation sanction is in the eyes of residents of the Commonwealth of Virginia. Specifically, we use data from a telephone survey of 840 registered voters to explore three questions. First, how often would they recommend the probation sanction in comparison to other sanctions? Second, how do they justify the sanction relative to justifications for other sanctions? Finally, are their …


A Comparison Of Human Energy Fields Among Children, Youth, Adults, & Dahn Masters, Geoffrey K. Leigh, Karen A. Polonko, Catherine D. Leigh Jan 2003

A Comparison Of Human Energy Fields Among Children, Youth, Adults, & Dahn Masters, Geoffrey K. Leigh, Karen A. Polonko, Catherine D. Leigh

Sociology & Criminal Justice Faculty Publications

While concepts and investigations of human energy fields have been developed for centuries, there has been little systematic work comparing the fields of children, adolescents, and adults. In addition, general fields have had little comparison between average adults and those participating in an intense practice that may affect the field. Using the GDV machine, this research compared small groups of children, adolescents, average adults, and Dahn Hak Masters on measures of 20 basic aspects of the human energy fields, including the seven chakras. Differences were found in seven of the 13 field parameters as well as all seven measures of …


Art In The Early Church: The Empty Cross And Images Of Christ, Catherine Combier-Donovan Jan 2003

Art In The Early Church: The Empty Cross And Images Of Christ, Catherine Combier-Donovan

School of Theology and Seminary Graduate Papers/Theses

The cross or the crucifix -which is older? Convinced that the representation and veneration of the cross itself is an older, more authentic and venerable tradition than that of the crucifix, my goal was to trace the evolution of the image of the cross in the context of early Christian art: the first examples of the cross, the early images of Christ, and the first depictions of Christ on the cross, This essay considers the historical, social, and theological contexts for such images, and several theories to explain why the cross was for so long represented without Christ upon it …


The William & Mary Pat Gannon Hay Vincent Depaul Leadership Project 2002-2003 Summary Report, The William & Mary Pat Gannon Hay Vincent Depaul Leadership Project Jan 2003

The William & Mary Pat Gannon Hay Vincent Depaul Leadership Project 2002-2003 Summary Report, The William & Mary Pat Gannon Hay Vincent Depaul Leadership Project

Hay Project Annual Reports

No abstract provided.


Perfecting The Match: The Visual Economy Of Egg Donation, Katherine M. Boulay Jan 2003

Perfecting The Match: The Visual Economy Of Egg Donation, Katherine M. Boulay

Doctoral

This thesis is a response to the absence of discussion in feminist and cultural studies of Assisted Reproductive Technology’s (ART) increasing utilisation of visuality and technology as complementary legitimating discourses. While critiques of the epistemologies and practices undergirding ART point to the fact that imaging technologies are used to reveal knowledge held in bodies, lacking in current theoretical work on ART, however, is an ethnographic engagement with how visual technologies actually produce the internal and externalscapes of these bodies, and knowledges about them. Mapping selective visual knowledges and technologies constitutive of the ART egg donation, the thesis engages with disparate …


Historical Perspectives (Apoptosis), James Curtin, Thomas Cotter Jan 2003

Historical Perspectives (Apoptosis), James Curtin, Thomas Cotter

Articles

Apoptosis is one of the most widely studied fields in biology and accounts for over 2% of all life science publications annually. It plays a fundamental role in development, and defects in the regulation of apoptosis are directly implicated in numerous well-known diseases including cancer, neurodegenerative disorders, tissue atrophy and auto-immune diseases. However, the field of apoptosis has humble beginnings and was neglected by biologists for much of its history. This chapter reviews the history of research in apoptosis and highlights key experiments that have contributed significantly to our current understanding of apoptosis. In addition, the topics covered in later …


Genomic Instability Induced By Two Chemical Carcinogens, Cadmium And Nickel And By Particulate Titanium Debris From An Implant, Natasha Coen Jan 2003

Genomic Instability Induced By Two Chemical Carcinogens, Cadmium And Nickel And By Particulate Titanium Debris From An Implant, Natasha Coen

Doctoral

It has been established that cells surviving radiation may produce descendants many cell divisions post-exposure in which, there are high incidences of chromosomal aberrations arising de novo, gene mutation and lethal mutations/delayed cell death. These effects are collectively known as genomic instability and are induced at frequencies greater than that of spontaneous mutations. Formally this syndrome ‘genomic instability’ has only been definitively proven to occur following irradiation. This leads us to the consideration that heavy metals could also induce the genomic instability phenotype, and if so, it could have implications for those exposed through their occupation, through smoking or for …


The Myth Of Conflict And The Formation Of Latino Identities: Mexicans And Puerto Ricans In Chicago, José Soltero Jan 2003

The Myth Of Conflict And The Formation Of Latino Identities: Mexicans And Puerto Ricans In Chicago, José Soltero

Diálogo

No abstract provided.


Debunking Urban Legends On Bilingual Education, Sonia Soltero Jan 2003

Debunking Urban Legends On Bilingual Education, Sonia Soltero

Diálogo

No abstract provided.


The Mariel Boatlift Of 1980: Consequences Of A Politicized Immigration Policy, Félix Masud-Piloto Jan 2003

The Mariel Boatlift Of 1980: Consequences Of A Politicized Immigration Policy, Félix Masud-Piloto

Diálogo

No abstract provided.


Holding A Callused Hand, Ray Salazar Jan 2003

Holding A Callused Hand, Ray Salazar

Diálogo

No abstract provided.


Behind The Luna Family Reunions, Cesar Garza Jan 2003

Behind The Luna Family Reunions, Cesar Garza

Diálogo

No abstract provided.


The Chicano Experience During The Viet Nam War Era As Seen In Chicano/A Literature, Raymundo E. Rojas Jan 2003

The Chicano Experience During The Viet Nam War Era As Seen In Chicano/A Literature, Raymundo E. Rojas

Diálogo

No abstract provided.