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2003

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Identity Theft, Privacy, And The Architecture Of Vulnerability, Daniel J. Solove Jan 2003

Identity Theft, Privacy, And The Architecture Of Vulnerability, Daniel J. Solove

GW Law Faculty Publications & Other Works

This Article contrasts two models for understanding and protecting against privacy violations. Traditionally, privacy violations have been understood as invasive actions by particular wrongdoers who cause direct injury to victims. Victims experience embarrassment, mental distress, or harm to their reputations. Privacy is not infringed until these mental injuries materialize. Thus, the law responds when a person's deepest secrets are exposed, reputation is tarnished, or home is invaded. Under the traditional view, privacy is an individual right, remedied at the initiative of the individual.

In this Article, Professor Solove contends the traditional model does not adequately account for many of the …

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The Origins And Growth Of Information Privacy Law, Daniel J. Solove Jan 2003

The Origins And Growth Of Information Privacy Law, Daniel J. Solove

GW Law Faculty Publications & Other Works

In recent years, information privacy has emerged as one of the central issues of our times. Today, we have hundreds of laws pertaining to privacy - the common law torts, criminal law, evidentiary privileges, constitutional law, at least twenty federal statutes, and numerous statutes in each of the fifty states. To understand the law of information privacy more completely, it is necessary to look to its origins and growth. This article provides a brief overview of the history of the development of information privacy law. In particular, it explores the way that the law has emerged in response to changes …

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The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove Jan 2003

The Virtues Of Knowing Less: Justifying Privacy Protections Against Disclosure, Daniel J. Solove

GW Law Faculty Publications & Other Works

This Article develops justifications for protections against the disclosure of private information. An extensive body of scholarship has attacked such protections as anathema to the Information Age, where the free flow of information is championed as a fundamental value. This Article responds to two general critiques of disclosure protections: (1) that they inhibit freedom of speech, and (2) that they restrict information useful for judging others.

Regarding the free speech critique, the Article argues that not all speech is of equal value; speech of private concern is less valuable than speech of public concern. The difficulty, however, is distinguishing between …

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Can Pragmatism Be Radical? Richard Posner And Legal Pragmatism, Daniel J. Solove, Michael Sullivan Jan 2003

Can Pragmatism Be Radical? Richard Posner And Legal Pragmatism, Daniel J. Solove, Michael Sullivan

GW Law Faculty Publications & Other Works

Richard Posner's Law, Pragmatism, and Democracy (2003) is the most comprehensive account to date of his pragmatic vision of the law and democracy. For the most part, Posner's theory of pragmatism has been attacked externally, mainly by theorists unsympathetic to pragmatism. In contrast, in this Review, we contest Posner's account of pragmatism from within the pragmatic tradition. We contend that Posner's views are problematic not because they are pragmatic, but because they are often not pragmatic enough.

We put Posner's account of pragmatism to the pragmatic test by examining its implications. Posner views ideals as useless and philosophical theorizing as …

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Unsigning, Edward T. Swaine Jan 2003

Unsigning, Edward T. Swaine

GW Law Faculty Publications & Other Works

Widespread objections to the apparently unprecedented decision by the United States to "unsign" the treaty establishing the International Criminal Court reflect concerns particular to that treaty and to U.S. involvement in international affairs. But the controversy also illuminates a genuine problem in the formation of multilateral treaties. The interim obligation for signatories, often understood as a means for maintaining a vestigial role for signature, should also be considered as an incomplete answer to ex post and ex ante commitment problems observable in the treaty context and elsewhere - incomplete, in part, because signatories can effectively withdraw from their obligations without …

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Zelman's Future: Vouchers, Sectarian Providers, And The Next Round Of Constitutional Battles, Ira C. Lupu, Robert W. Tuttle Jan 2003

Zelman's Future: Vouchers, Sectarian Providers, And The Next Round Of Constitutional Battles, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This piece focuses on the Supreme Court's recent decision in Zelman v. Simmons-Harris, the Cleveland school voucher case, and the constitutional questions that have already begun to appear in its aftermath. After describing the constitutional crossroads at which the Zelman Court found itself, we offer a close reading of the Zelman opinions, paying special attention to the normative vision of church-state relations that each presupposes, the values that the Court failed to explore, and practical questions about the range of school settings to which Zelman might ultimately be applied. The piece then explores the legal and constitutional future of the …

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Does Financial Liberalization Increase The Likelihood Of A Systemic Banking Crisis? Evidence From The Past Three Decades And The Great Depression, Arthur E. Wilmarth Jr. Jan 2003

Does Financial Liberalization Increase The Likelihood Of A Systemic Banking Crisis? Evidence From The Past Three Decades And The Great Depression, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

Over the past three decades, leading industrial nations and many developing countries have deregulated their financial markets. Financial liberalization has produced major benefits, including more efficient intermediation of financial resources, more rapid economic development and faster growth in trade. At the same time, however, many banking crises have occurred in countries that previously adopted programs of financial deregulation. This essay provides a brief overview of banking crises in international markets since 1973, together with more detailed discussions of Japan's financial crisis that began in 1990, the U.S. banking crises of 1929-33 and 1980-92, and the challenges confronting major U.S. and …

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Elusive Foundation: John Marshall, James Wilson, And The Problem Of Reconciling Popular Sovereignty And Natural Law Jurisprudence In The New Federal Republic, Arthur E. Wilmarth Jr. Jan 2003

Elusive Foundation: John Marshall, James Wilson, And The Problem Of Reconciling Popular Sovereignty And Natural Law Jurisprudence In The New Federal Republic, Arthur E. Wilmarth Jr.

GW Law Faculty Publications & Other Works

Chief Justice John Marshall's opinion in Marbury v. Madison is generally regarded as the cornerstone of American judicial review. Marshall's opinion in Marbury skillfully invoked the distinctive American concept of popular sovereignty and linked that concept to the written Constitution. Marshall argued that judicial review provided the best means for enforcing the people's will, as declared in the written Constitution, without resort to the drastic remedy of revolution. Marshall warned that, without judicial review, the legislative branch would enjoy a practical and real omnipotence and would reduce to nothing what we have deemed the greatest improvement on political institutions - …

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The Impact Of Economic Globalization On Compliance, Dinah L. Shelton Jan 2003

The Impact Of Economic Globalization On Compliance, Dinah L. Shelton

GW Law Faculty Publications & Other Works

The introductory chapter of this book begins by defining globalization and the novel notion of the “common concern of humanity” and describes the ethical, cultural, and economic considerations underlying protection of the biosphere. The chapter describes the evolution of the common concern of humanity in depth and describes the increased presence of international organizations. Next, the chapter introduces the Marrakesh Charter and its corresponding economic principles. The chapter concludes that there exists the need to create an international liability system for both states and individuals for environmental degradation caused by international trade.

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Taiwan And The Wt0, Steve Charnovitz Jan 2003

Taiwan And The Wt0, Steve Charnovitz

GW Law Faculty Publications & Other Works

This paper is about Taiwan and the World Trade Organization. It discusses the history of Taiwan's involvement in the world trading system and the accession to the WTO. The paper then notes some unique features of Taiwan's membership and discusses the current political tension with China in the WTO. The paper ends with a discussion of the implications of Taiwan's membership in the WTO for potential Taiwanese membership in other international organizations.

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The Negotiation Process, Charles B. Craver Jan 2003

The Negotiation Process, Charles B. Craver

GW Law Faculty Publications & Other Works

This article explores the six formal stages of the negotiation process to demonstrate to readers how structured bargaining encounters are. During the Preparation Stage, negotiators have to acquire critical information and determine: (1) their bottom lines; (2) their goals; and (3) their opening offers. During the Preliminary Stage, they should work to establish rapport with opponents and to create positive negotiating environments that will be more conducive to cooperative bargaining. During the Information Stage, negotiators must ask open-ended questions designed to discover what items are available for division - value creation. During the Distributive Stage, the participants vie for the …

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Candy Apples And Other Tales Of Entropy, Brent Hayes Bonds Jan 2003

Candy Apples And Other Tales Of Entropy, Brent Hayes Bonds

Honors Theses

The following is a creative thesis. Comprised of six short stories, the work is bound by the aim of each story to convey that awareness is hardly ever a moment of triumph, but the acknowledgment and acceptance of all the imperfections and the unknowns that exist in our world. Chief among the themes of these stories is the idea of entropy, that is, the natural tendency of all things to progress from a state of order to one of disorder. While the majority of these stories embrace these ideals through the use of the same characters, though, at various points …

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Spleen Rna Concentration And Male Oramentation In The Wild Turkey, William Wilson Boone Jan 2003

Spleen Rna Concentration And Male Oramentation In The Wild Turkey, William Wilson Boone

Honors Theses

The spleens of adult wild turkeys {Meleagris gallopavo) are their primary immune defense organ and produce many of the antibodies used throughout the body. During parasitic infection, more antibodies must be produced to protect the body from foreign antigens. This may cause the overall mass of the spleen and/or the concentration of RNA in the spleen, which translates DNA into protein antibodies, to increase. It has previously been shown that male turkeys infected with parasites have less pronounced external head ornamentation (snood length, number of side caruncles) than those left uninfected (Buchholz 1995). This difference in external characteristics may also …

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Foreword: The Administrative Law Of The European Union, Francesca Bignami Jan 2003

Foreword: The Administrative Law Of The European Union, Francesca Bignami

GW Law Faculty Publications & Other Works

This special issue of Law and Contemporary Problems is devoted to the administrative law of the European Union. The foreword sets the stage by narrating the history of legal scholarship on European administration, explaining the public law methodology of the contributors, and describing the different legal styles that separate the civil from the common law traditions and that mark the contributions. The foreword then previews the individual articles, organized by the law of centralized or “direct” administration by the European Commission and the law of decentralized or “mixed” administration, in which national civil servants interact with their counterparts elsewhere and …

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Corporations Without Labor: The Politics Of Progressive Corporate Law, Dalia Tsuk Mitchell Jan 2003

Corporations Without Labor: The Politics Of Progressive Corporate Law, Dalia Tsuk Mitchell

GW Law Faculty Publications & Other Works

This article examines how, in the course of the twentieth century, legal scholars and political theorists helped remove the interests of workers (as differentiated from shareholders, officers, and directors) from the core concerns of corporate law and theory. Specifically, the article demonstrates how scholars' conversations about corporate entities and corporate power were influenced by a shared cultural and intellectual objection to Marxist class analysis with its focus on the proletariat. It further explores how the purging of the working class from the scholarly imagination paved a way, first, for the rise of the new classes of managers and owners and …

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Model Behaviour? Anecdotal Evidence Of Tension Between Evolving Commercial Public Procurement Practices And Trade Policy, Steven L. Schooner, Christopher R. Yukins Jan 2003

Model Behaviour? Anecdotal Evidence Of Tension Between Evolving Commercial Public Procurement Practices And Trade Policy, Steven L. Schooner, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The international trade community increasingly focuses upon the purchasing practices of nation states. Developing nations and states seeking to improve their procurement systems expect to glean lessons from the evolution of procurement law regimes in developed nations, including the United States. To the extent that the U.S. procurement regime is perceived (at least by some) as a model, the global community has been intrigued by the United States government's efforts to adopt more commercial practices and buy more commercial items. Yet numerous impediments to a purely commercial public procurement model remain, because commercial practices are invariably less transparent, and raise …

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The Parent-Child Privilege In Context, Catherine J. Ross Jan 2003

The Parent-Child Privilege In Context, Catherine J. Ross

GW Law Faculty Publications & Other Works

The article argues that children cannot fully exercise their constitutional rights under the Fifth and Sixth Amendments without being able to confide freely in their parents and advocates for the creation of a parent-child privilege.

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Including Law In The Mix: The Role Of Law, Lawyers, And Legal Training In Child Advocacy, Catherine J. Ross Jan 2003

Including Law In The Mix: The Role Of Law, Lawyers, And Legal Training In Child Advocacy, Catherine J. Ross

GW Law Faculty Publications & Other Works

This chapter describes the recent trends in family law scholarship, training, and practice. The first section of this chapter provides an overview of the scope of modern family law and the range of skills brought by lawyers. The second section considers the legal profession’s interest in using its collective talents to improve children’s lives in context of the broader intellectual trends in thinking about family issues. In the third section, I describe the current goals of legal education, explain why law schools should offer interdisciplinary training to students who plan to work in family law, and discuss some innovative multidisciplinary …

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States As Nations: Dignity In Cross-Doctrinal Perspective, Peter J. Smith Jan 2003

States As Nations: Dignity In Cross-Doctrinal Perspective, Peter J. Smith

GW Law Faculty Publications & Other Works

In a series of recent decisions, the Supreme Court has asserted that the states' sovereign immunity from suit serves principally to protect the "dignity" of the states. This seemingly oxymoronic notion has perplexed and amused commentators, who have tended to dismiss it largely as rhetorical flourish without substantive content. Although the concept of state dignity is at best an unusual anchor for a doctrine that already has been roundly criticized as unfaithful to constitutional history, text, and structure, the notion of state dignity is not foreign to the law. This article argues that in relying on state dignity, the Court's …

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Romantic Characters In Modern Fiction, Kate Chadwell Galbreath Jan 2003

Romantic Characters In Modern Fiction, Kate Chadwell Galbreath

Honors Theses

This thesis will deal with the breakdown of Romanticism as it occurred through certain characters within Modem Fiction. The selected texts for this study include Tess of the D 'Urhervilles by Thomas Hardy, Lord Jim by Joseph Conrad, A Portrait of the Artist as a Young Man by James Joyce, and Mrs. Dalloway by Virginia Woolf Each text is a novel of the Modem period whose title character possesses the qualities typical of the Romantic Movement in literature. The texts span a time period of thirty-five years; their publication dates extend from 1890 to 1925 in the order listed above. …

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A Comment On China's Participation In The World Trade Organization, Steve Charnovitz Jan 2003

A Comment On China's Participation In The World Trade Organization, Steve Charnovitz

GW Law Faculty Publications & Other Works

This comment discusses two papers presented at the US-China WTO Roundtable sponsored by the Institute of International Law of The Temple University James E. Beasley School of Law. The paper by Zhang Naigen examines treaty interpretation in dispute settlement under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. Professor Zhang observes that WTO panels will have to interpret the underlying provisions in non-WTO treaties, namely the intellectual property rights treaties overseen by the World Intellectual Property Organization. The paper by Yang Guohua points out the paradox that although the WTO permits governments to utilize import safeguards, in all …

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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, …

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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.

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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 …

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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 …

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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 …

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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 …

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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 …

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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 • …

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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 …

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