Digital Commons Network^™

Re-Imagining Justice, Robin West

Georgetown Law Faculty Publications and Other Works

What do we mean by legal justice, as opposed to distributive, or social, or political justice; what is the justice, that is, we hope law promotes? What is the justice that lawyers and judges, peculiarly, are professionally committed to pursue? What is the virtue around which, arguably, this profession, and the individuals within it, have defined their public lives?

Justice -- and more particularly legal justice -- is a badly under-theorized topic in jurisprudence; perhaps surprisingly, there is little written on it. The paucity of writing of course has a history. It can be traced to the turn of the …

The Politics Of Public Health: A Response To Epstein, Lawrence O. Gostin, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Conservatives are taking aim at the field of public health, targeting its efforts to understand and control environmental and social causes of disease. Richard Epstein and others contend that these efforts in fact undermine people’s health and well-being by eroding people’s incentives to create economic value. Public health, they argue, should stick to its traditional task—the struggle against infectious diseases. Because markets are not up to the task of controlling the transmission of infectious disease, Epstein says, coercive government action is required. But market incentives, not state action, he asserts, represent our best hope for controlling the chronic illnesses that …

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

Book Review Of Prejudicial Appearances: The Logic Of American Antidiscrimination Law, Michael Ashley Stein

Faculty Publications

No abstract provided.

Vectoral Federalism, Scott Dodson

Faculty Publications

In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …

The Constitution Outside The Courts, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.

Contribution To The Speleology Of Sterkfontein Cave, Gauteng Province, South Africa, J. E. J. Martini, P. E. Wipplinger, H. F. G. Moen, A. Keyser

International Journal of Speleology

The authors present more data about the speleological aspect of the Sterkfontein Cave, famous for its bone breccia which yielded abundant hominid remains. They also briefly review the previous voluminous studies by numerous authors, which are mainly dealing with the paleontology, stratigraphy and sedimentology of the breccia. The present investigations were oriented to hitherto poorly investigated aspects such as detail mapping of the cave, its country rock stratigraphy and recording the underground extension of the basal part of the breccia body. The cave consists of a complex network of phreatic channels, developed along joints in Neoarchaean cherty dolostone over a …

Expert Evidence In Flatland: The Geometry Of A World Without Scientific Culture, David L. Faigman

Faculty Scholarship

No abstract provided.

Role Of Attachment: The Relationship Between Domestic Violence And Children's Behavior Problems, Donna J. Ryngala

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Whispering In The Wind: Text And Tradition In Blackfeet Apologia, Rowland G. Freeman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Introduction, The Osceola After 100 Years: Its Meaning And Effect On Maritime Personal Injury Law In The United States, Craig Allen

Articles

A century ago the United States Supreme Court issued its decision in The Osceola [189 U.S. 158 (1903)], announcing four legal propositions that controlled personal injury claims by seamen at the time. On the 100th anniversary of the Court's decision, the four admiralty law professors contributing to this symposium take the opportunity to critically examine the Court's renowned decision, Congress' responses to the decision, and the effect of both The Osceola's four propositions and the responsive legislation on the remedies available to injured maritime workers in the 21st century.

In the first of the three articles that follow, Professor …

Australia's Tampa Incident: The Convergence Of International And Domestic Refugee And Maritime Law In The Pacific Rim: Introduction To The Maritime Law Forum, Craig Allen

Articles

The members of the Pacific Rim Law & Policy Journal are to be congratulated for their initiative, compassion, and insight in calling attention to the August 26, 2001 M/V Tampa incident and subjecting the actions of the involved principals and the governing legal regime to close and thoughtful scrutiny. Planning for the April 22, 2002 symposium in Seattle began in the fall of 2001, shortly after the Tampa's week-long crisis involving 438 migrants garnered international attention. Speakers for the Symposium conference, recruited under the leadership of the Journal's 2001-2002 Editor-in-Chief, Kelly Thomas, hailed from Australia, Europe and throughout the United …

Modeling Class Counsel, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Institutions And Long Term Planning Lessons From The California Electricity Crisis, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

What If I Want My Kids To Watch Pornography? Protecting Children From ''Indecent'' Speech, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

The Alkalic Intrusions Of Garrison Montana: A Possible Extension Of The Central Montana Alkalic Province, Rebecca Sylvan Kunz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Associate Statehood Principles And Prospects, Chimene Keitner

Faculty Scholarship

No abstract provided.

Posner On Teaching Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.

Lake Winnisquam, Cooperative Extension

UNH Cooperative Extension

No abstract provided.

Montana's Scoop, Anne F. Siess

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Mechanisms Of Market Efficiency Twenty Years Later: The Hindsight Bias, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Twenty years ago we published a paper, "The Mechanisms of Market Efficiency," that sought to describe the institutional underpinnings of price formation in the securities market. Since that time, financial economics has moved forward on many fronts. The sub-discipline of behavioral finance has struggled to bring yet more descriptive realism to the study of financial markets. Two important questions are (1) how much has this new discipline changed our understanding of the efficiency and nature of the institutional mechanisms that set price in financial markets; and (2) how far does this discipline carry novel implications for the regulation of financial …

Adaptive Feature Extraction: Exploring The Search Space With Change Detection Using Inductive Learners And Image Processing, Joseph D. Zeiler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Old Violin A 1950 Plymouth And A Party : Developing The Personal Intelligences, Linda Louise Merritt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

New Approaches To Gortler And Tollmien-Schlichting Boundary-Layer Instabilities, Vijay Kalburgi

Mechanical & Aerospace Engineering Theses & Dissertations

A detailed understanding of the physical processes that lead to instability and transition in the external viscous boundary layers of airfoils has been the goal of researchers for decades. This study seeks to enhance our understanding of Gortler and Tollmien-Schlichting instabilities through a critical review of prior theoretical methodology and fundamental experiments, the development of dimensionally consistent disturbance equations, and novel interpretation of the resulting flow physics revealed by their solutions to explain the process of transition.

Gortler vortices arise in boundary layers along concave surfaces due to centrifugal effects and these vortices in combination with other instabilities play an …

Complementary Medicine: Healthcare Provider's Perceptions And Practices, Kathryn Anne Mills

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Wolf Ecology In The Western Alps: Analysis With Non-Invasive Techniques, Francesca Marucco

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Understory Vegetation On The Photosynthesis And Leaf Water Potential Of Young Douglas Fir Trees On Two Contrasting Sites In Northwestern Montana, Michael A. Krebs

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Premortem Tooth Loss : A Model For Estimating Adult Age At Death, Dawn M. Medved

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Discussion Of Training Strategies Of A Specialized Tactical Team, Michelle Wilson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.