Digital Commons Network^™

Some Legacies Of Brown V. Board Of Education, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

The litigation campaign against segregation that culminated in Brown v. Board of Education' remains an important subject of study. Brown continues to be controversial because Americans remain uncertain about what its substantive commitments were, and, perhaps more important, how those commitments, as we now understand them, fit together with the other values and institutions that provide the structure of contemporary politics. This Essay will follow up on three aspects of the litigation campaign preceding Brown in an effort to show how Brown and its legacy illuminate enduring features of the organization of the U.S. political system.

Marbury V. Madison Around The World, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

To put the point somewhat strongly for emphasis, the U.S. system of judicial review is now something of an outlier among systems of constitutional review. In this Essay, I consider three aspects of such systems: the structures of review, the theories of review, and the forms of review. My aim is primarily one of description, aiming to highlight the ways in which the U.S. system resembles and differs from the newer systems of judicial review. The U.S. system of judicial review has close-and more distant-relatives in each of these categories. However, the U.S. system remains distinctive in that it combines …

Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

The Supreme Court's recent dismissal, apparently on jurisdictional grounds, of the writ of certiorari it had granted to review Nike, Inc. v. Kasky has brought into sharp focus a number of critiques of the commercial speech doctrine - some new, some longstanding. At issue in Nike were communications Nike made to customers, newspaper editors, college presidents and athletic directors, and others responding to allegations that Nike had engaged in, or was complicit in, the mistreatment of foreign workers. Respondent Marc Kasky contended that Nike's communications contained significant misstatements of fact and thus were actionable under California's unfair competition and false …

The Gifts Of Mary Dunlap (1949-2003), Wendy Webster Williams

Georgetown Law Faculty Publications and Other Works

I guess it never really occurred to me that Mary was mortal. It certainly never crossed my mind that I would somehow be around, alive and kicking, in a world without Mary in it. Mary Cynthia Dunlap, larger than life, a force of nature, who filled up a room with her presence, her tall solid self, her waving arms, her energy, her laugh, her voice, her words and words and more words, her hair that (of course) stood straight up on her head, electrified. Mary who, Saint Frances-like, rescued birds and fed them in her big palms, loved dogs and …

Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Rulemaking, Michael Herz

Articles

No abstract provided.

Executive And Judicial Overreaction In The Guantanamo Cases, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court in Rasul v. Bush and Al-Odah v. United States held that detainees at Guantanamo Bay may challenge their detentions via writs of habeas corpus. Justice Stevens' majority opinion held that "the federal courts have jurisdiction to determine the legality of the Executive's potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing." This holding is potentially unbounded, perhaps enabling someone detained at Kandahar or even Diego Garcia to challenge his detention via the great writ. It appears to be a striking break from the 1950 Johnson v. Eisentrager decision, which strongly intimated that …

The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk

Articles

Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.

Sarcastic Family Climates: Self-Reported Evaluations Of Family Interaction, Effect Of Non-Literal Communication, And Attachment Style, Gary Alan Beck

Open Access Master's Theses

The non-literal aspect of sarcastic utterance meaning opens up multiple perspectives regarding its interpretation, ultimately depending on the context and the relationship between those that use it. Self-reports from 151 young adults indicated that there was significant correlation between father's typical intensity of sarcasm use and subject verbal aggression, with significantly less father intensity of typical sarcasm use reported by subjects with low levels of verbal aggression. These findings suggested that sarcasm use is more prevalent in typical father young-adult directed communication with subjects that report themselves as being moderate and high verbally aggressive communicators. When observing actual communicative episodes …

The Teenage Ambassadors: The Cultural Impact Of Institutionally And Privately Organized Exchanges Of Students, Young Farmers And Youth In General Between Denmark And The United States Since The End Of Wwii., Karsten Kjer Michaelsen

The Bridge

The little more than 300.000 Danes who emigrated to America between 1870 and World War II created a solid foundation for the cultural exchange between the United States and Denmark in many different ways. This exchange takes place on a family level as well as in a professionally managed way via a number of organizations which arrange longer visits in private homes for students, young farmers, and youth in general within the two countries. This paper deals with this aspect of the Danish-American cultural exchange in order to see how and to what extend the exchange students and other young …

Walk Before They Make Us Run: Republican Party Of Minnesota V. White And The Need For Judicial Reform In Mississippi, David Neil Mccarty

MC Law Review

No abstract provided.

Three Years After Swancc: Still Wading Through The Jurisdictional Gap Created By The United States Supreme Court, Gretchen Zmitrovich

MC Law Review

No abstract provided.

The Future Of The Fourteenth Amendment: International Law And The Black Heritage Trail, Barbara Stark

Hofstra Law Faculty Scholarship

This paper focuses on the Due Process Clause of the Fourteenth Amendment, through which certain guarantees of the Bill of Rights have been applied to the states, and the Equal Protection Clause, through which certain forms of discrimination have been held unconstitutional, from the perspective of the Black Americans who were the Amendment's original intended beneficiaries. My thesis is that while it was a good idea to subject the states to at least some federal standard and to require at least a modicum of formal equality, the history of the Amendment's jurisprudence remains a story of too little, too late. …

"With Zeal Unceasing:" Essays On Teaching At Illinois State University, Douglas Hesse, Lori Ostergaard, Kathleen Mckinney, John W. Presley, Joseph J. Solberg, Jodi Hallsten, Nancy Bragg, Joseph Pacha, Nathalie Op De Beeck, John H. Bantham, Kimberly Mccord, Mary O'Brian, Elizabeth M. King, Jeri Mullins Beggs, Paula Ressler, Mary Elaine Califf, Mary Goodwin, Jessica Barnes, Elizabeth T. Lugg, Timothy Seitz, Cynthia L. Brown, Susan Kossman, Judith Mogilka, Phyllis Mccluskey-Titus, Leah A. Nillas, R. L. Rhykerd, K. W. Tudor, B. R. Wiedgand, D. M. Kingman, Jean Memken, Sharon Pate, Bobbi Silk, National Council Of Writing Program Administrators, Sandra Metts, Debra S. Knutson, Deborah Gentry

Books - Center for Integrated Professional Development

Essays produced by Illinois State University instructors during an institute and workshop on writing about teaching held during the spring of 2004.

Illinois State Alumni Magazine, Winter 2004-2005, Illinois State University, University Marketing And Communications

State: The Magazine of Illinois State University (1999-present)

Illinois State University alumni magazine

Effect Of Stochastic Dead Space On Noise In Avalanche Photodiodes, Oh-Hyun Kwon, Majeed M. Hayat, Joe C. Campbell, Bahaa E.A. Saleh, Malvin Carl Teich

Electrical and Computer Engineering Faculty Research and Publications

A stochastic dead-space model for impact ionization is developed and used to study the effect of the soft nature of the ionization capability of carriers on the excess noise factor of avalanche photodiodes. The proposed model is based on the rationale that the gradual, or soft, transition in the probability density function (PDF) for the distance from birth to impact ionization can be viewed as that resulting from uncertainty in the dead space itself. The resulting soft PDF, which is parameterized by a tunable softness parameter, is used to establish the limitations of the existing hard-threshold ionization models in ultrathin …

Assessment Of Problem-Solving Abilities In Normal Adolescents, Kelley Ann Crownover

Open Access Master's Theses

This study examined the problem-solving abilities of adolescents, using a newly designed test, RAPS (the Rapid Assessment of Problem-Solving), by Marshall & Karow (2001). The tool is a modified version of the Twenty Questions Test that measures performance based on the number of questions asked to solve each problem, the percent of constraint-seeking questions used, and the efficiency or the amount of information gained from the first four questions asked. Participants included a total of 20 children with no history of neurological or psychiatric disorders who were categorized by age groups (10-11, 12-13, 14-15, and 16-17) with five subjects in …

Restoring The Individual Plaintiff To Tort Law By Rejecting ‘Junk Logic’ About Specific Causation, Vern R. Walker

Hofstra Law Faculty Scholarship

Judges are removing the individual plaintiffs from many torts cases, and are instead conducting fact-finding about abstract statistical individuals. But the reasoning about specific causation in those cases is often fallacious. This Article critiques the error by analyzing direct inferences from causal generalizations about groups to probabilistic conclusions about causation in individuals. It identifies six distinct types of uncertainty in such inferences: measurement uncertainty, sampling uncertainty, modeling uncertainty, causal uncertainty, uncertainty about plaintiff representativeness, and uncertainty about assigning a probability to a specific plaintiff. These six uncertainties are logically necessary to this type of inference, and are not peculiar to …

Aba Section Of Taxation Report Of The Task Force On Judicial Deference, Linda Galler, Irving Salem, Ellen P. Aprill, Aba Section Of Taxation, Task Force On Judicial Deference

Hofstra Law Faculty Scholarship

Recognizing the need for clearer standards regarding the degree of deference that the federal courts should confer on guidance issued by the Department of Treasury and the Internal Revenue Service, the Tax Section, under the direction of former ABA Section of Taxation Chair Pamela F. Olson, created a Task Force on Judicial Deference in 2000. It was charged with the mission of not only examining the state of the law pertaining to judicial deference across the broad range of administrative pronouncements issued by the Treasury and the IRS, but also sharing its conclusions and possible solutions with the Section of …

Enronitis: Why Good Corporations Go Bad, Daniel J.H. Greenwood

Hofstra Law Faculty Scholarship

The Enron problem - managers becoming extraordinarily wealthy while misleading shareholders, creditors and employees about the company's prospects and even driving it into the ground - is widely understood to be the result of too weak a legal mandate supporting the share-centered paradigm of corporate law. Paradoxically, it is also the predictable result of too strong a share-centered view of the public corporation. Share-centered corporate law creates the very problems it is meant to police. The single-valued profit maximization ethos of the share-centered corporation demands that managers teach themselves to exploit everyone around them: it is inevitable that some will …

Women In Legal Education: A Statistical Update, Richard K. Neumann Jr.

Hofstra Law Faculty Scholarship

Although in the social sciences data can mean a narrative based on observation regulated by a methodology designed to insure reliability, it often is assumed to be numbers. Numbers can tell stories, and this article is about some of the stories that a particular group of numbers tell.

In 2000, I published a study of all the publicly available statistics, as well as information that could be turned into statistics, on how women are treated in legal education.1 Among other things, the statistics available at that time showed that "women who apply for admission to law schools have higher undergraduate …

[Un]Safe Harbor: No Common Denominator In Privacy Compliance, Steven A. Wells, Mark Courtney, Peter Vogel

Computer Law Review and Technology Journal

Privacy is a social issue that varies depending on the mores of any particular culture. Clearly there have always been personal privacy issues before the advent of the Internet. However, the Internet has provided widespread proliferation of personal data which has dramatically changed the scope of where personal data may be. It was not really until about 1995 that the Internet brought this wide-spread change caused by ubiquitous growth of personal computers, online networks, graphical browsers, and broadband communications. Since it is impossible to accurately predict the ultimate direction of personal privacy on the Internet, governments around the world are …

Icann May Be The Only Game In Town, But Marina Del Rey Isn't The Only Town On Earth: Some Thoughts On The So-Called "Uniqueness" Of The Internet, Volker Kitz

Computer Law Review and Technology Journal

"If you want to attach your network to the Internet, but you don't like the Network Solution, Inc.'s ("NSI") policies, for whatever reason, you quickly learn that NSI is the only game in town," said Catherine Simmons- Gill at a Congressional hearing in 1996. One might pose the question, "Why not just go to a different town?" Unfortunately, no other "town" can pride itself on hosting an organization that ultimately presides over the assignment of domain names under the current domain name system. The Internet Corporation for Assigned Names and Numbers ("ICANN"), based in Marina del Rey, is presently in …

Father Versus Stranger Face Discrimination By The Human Infant: A Case Study, Erin L. White '04

Honors Projects

The ability of infants to discriminate and recognize faces gained recent attention; however, much of the research focused on discrimination of the mother's face from a female stranger's face. This study examined father versus stranger face discrimination using an operant sucking procedure, in which images of fathers and strangers were presented on a computer monitor contingent upon the sucking responses of the infant. Discrimination was determined by computing the difference in the number of responses for each face. Results indicated that 3 infants under the age of 4 months discriminated the father's image from the image of a stranger, consistent …

Behavioral Theory Of Timing Applied To A Drl-Limited Hold Procedure, Jill Skarvan '04

Honors Projects

The behavioral theory of timing (Killeen & Fetterman, 1988) holds that animals use behavioral tasks, called adjunctive behaviors, to aid them in timing intervals. Several studies have supported this theory, however the majority of these studies have been correlational. The present study used an experimental approach to manipulate the presence of adjunctive behavior. Rats responded on two DRL limited-hold procedures in which subjects must wait a certain time interval before responding; early responses were not reinforced and reset the clock. In addition, the animal had a specific interval of time in which to make a response; late responses were not …

Classroom Structure As An Environmental Effect On Creative Production Of College Students, Krista A. Coulter '04

Honors Projects

Little research has been done to explore creativity in the classroom environment. The present study investigated the effects of three classroom settings (formal, intermediate, and informal) on the creative production of college students. Ninety students were tested using Sternberg and Lubart's (1995) Creativity Assessments both before and after participation in a teaching session. No significant changes were found between classes mean creativity scores after the experimental session. In the intermediate classroom, there was a significant decrease in scores before and after the session; however, in the other two classrooms, formal and informal, there was no significant change found.

User Authentication And Supervision In Networked Systems, Paul Steven Dowland

School of Engineering, Computing and Mathematics Theses

This thesis considers the problem of user authentication and supervision in networked systems. The issue of user authentication is one of on-going concern in modem IT systems with the increased use of computer systems to store and provide access to sensitive information resources. While the traditional username/password login combination can be used to protect access to resources (when used appropriately), users often compromise the security that these methods can provide. While alternative (and often more secure) systems are available, these alternatives usually require expensive hardware to be purchased and integrated into IT systems. Even if alternatives are available (and financially …

Affordance, Attention And Laterality, Lari Vainio

School of Psychology Theses

This thesis examines object-guided actions. Recently, micro-affordance effects have shown that a visual object affords actions automatically. These effects are observed when the grasp type (precision and power grasp) is facilitated by size (small and large) of the categorized object (the object-size effect), or when right or left hand responses are facilitated by object orientation (the object-orientation effect). It has been shown elsewhere that attentional mechanisms have a vital role in visually guided movements. In addition, visually guided movements have associated with hemispheric lateralization. Thus, the central focus of the thesis was the role of different components of attention (location-based-, …

Advanced User Authentification For Mobile Devices, Nathan Clarke

School of Engineering, Computing and Mathematics Theses

Recent years have witnessed widespread adoption of mobile devices. Whereas initial popularity was driven by voice telephony services, capabilities are now broadening to allow an increasing range of data orientated services. Such services serve to extend the range of sensitive data accessible through such devices and will in turn increase the requirement for reliable authentication of users. This thesis considers the authentication requirements of mobile devices and proposes novel mechanisms to improve upon the current state of the art. The investigation begins with an examination of existing authentication techniques, and illustrates a wide range of drawbacks. A survey of end-users …

Deconstructing The Tower Of London : Resolution, Alternatives And Executive Function, Hassina Carder-Gilbert

School of Psychology Theses

Although widely employed as an executive task, the performance demands of the Tower of London task (TOL) are not well understood. The aim of this Thesis is to determine what TOL measures and seven studies are included that illustrate its performance demands. Much of the work is experimental and TOL is explored via a novel verification paradigm in which participants make speeded judgements about whether a demonstrated move is optimal or suboptimal. The deconstruction of the task to the level of the individual move indicated that the number of moves until a disk was placed in its goal position (resolution) …