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Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm

Fordham International Law Journal

The central theme of this Essay is that both individuals in need of protection and governments obliged to grant protection to those in need generally hold the eventual return of citizens to their countries of origin to be the ideal scenario. However, this ideal cannot always come to fruition -- not only due to circumstances in the country of origin, but also as an unintended consequence of policy decisions taken by governments concerning the protection of refugees (or indeed internally displaced persons ("IDPs")) and the reactions of individuals to the outcomes of those policy decisions. Return, it will be suggested, …

The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.

Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley

Fordham International Law Journal

Part I of this Note will review the influence of international law in early U.S. history as well as the current practice of the U.S. Supreme Court in citing international law, and will briefly explain how principles of international law are imported into U.S. courtrooms. Part II will examine competing legal theories on the proper role for international law in U.S. constitutional interpretation. Part III will argue that although it is proper for U.S. courts to reference international sources in their decisions, the U.S. Supreme Court's current articulation of how courts should do so is deeply flawed. Part III will …

Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …

Micro Spies, Georae W. Zobrist

Computer Science Faculty Research & Creative Works

No abstract provided.

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …

International Law Status Of Wto Dispute Settlement Reports: Obligation To Comply Or Option To "Buy Out"?, John H. Jackson

Georgetown Law Faculty Publications and Other Works

In four further parts of this comment, I undertake to fulfill my "obligation" to present a more thorough analysis. In part II, I briefly introduce some of the different elements that would go into normal treaty interpretation related to the issue in question, such as which text should be part of the analysis and whether "preparatory work" or intent of the parties, including statements by some nation-state governmental officials made contemporaneously with the drafting of the treaty, should be considered. Likewise, I mention the importance of the forty seven years of GATT practice to the interpretive process, and I note …

Screening Level Study Of Pharmaceuticals In Septic Tanks, Ground Water, And Surface Water In Missoula, Montana, Emily Godfrey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Pcb Level Esd Immunity Study By Using 3 Dimension Esd Scan System, Kai Wang, David Pommerenke, Jian Min Zhang, Ramachandran Chundru

Electrical and Computer Engineering Faculty Research & Creative Works

The use of high-speed logic makes modern electronic systems highly susceptible to electrostatic discharge (ESD). Because of their wider bandwidth, faster digital devices are more susceptible to high frequency ESD transient fields. In the analysis of ESD problems, an exact knowledge of the affected PINs and nets is essential for an optimal solution. A three dimensional ESD scanning system, which has been developed to record the ESD susceptibility map for a printed circuit board, is presented, and the mechanisms that the ESD event couples into the digital devices is studied.

Relationship Between Self-Reported Weight Management And Perceived Norms Of Weight Management In Scholastic Wrestlers, Sara J. Camaerei

PCOM Psychology Dissertations

Wrestling is unique in that it is the only sport that requires opponents to be matched by weight. Because two athletes at an almost equal weight compete against each other, wrestlers participate at the lowest weight class possible, which frequently leads wrestlers to engage in unhealthy and dangerous weight loss practices. Social norms theory suggests that much of an individual's behavior is influenced by perceptions of how members of a social group think and act. If these perceptions are inaccurate, and over-estimates of the unhealthy behaviors of others occur, an individual is likely to engage in such behaviors himself. One …

Feasibility Study Of A Cognitive Behavioral Smoking Cessation Intervention For Adolescent Males In Residential Treatment, Flora Casallas

PCOM Psychology Dissertations

The current study examined the effectiveness of a modified, empirically-based smoking cessation intervention, originally designed for teenagers in public school settings, but applied to actively smoking adolescents in residential treatment. The cognitive-behavioral intervention, developed by the American Lung Association (ALA, 2001) and researchers at West Virginia University, called Not-On-Tobacco (N-O-T), provides a total-health approach to helping teenagers quit smoking or to reducing the number of cigarettes smoked. The 10-session intervention was delivered over five consecutive weeks to eight adolescent males ranging in age 13 to 16 and in grades 8 to 10, living in a residential treatment community (RTC) located …

Logic Synthesis For Regular Fabric Realized In Quantum Dot Cellular Automata, Marek Perkowski, Alan Mishchenko

Electrical and Computer Engineering Faculty Publications and Presentations

Quantum Dot Cellular Automata are one of the most prospective nano-technologies to build digital circuits. Because of the requirements of only 2 layer wiring and noise avoidance, realizing the circuit in a regular fabrics is even more important for this technology than for classical technologies. In this paper, we propose a regular layout geometry called 3x3 lattice. The main difference of this geometry compared to the known 2x2 lattices is that it allows the cofactors on a level to propagate to three rather than two nodes on the lower level. This gives additional freedom to synthesize compact functional representations. We …

Response To State Action And A New Birth Of Freedom, Robin West

Georgetown Law Faculty Publications and Other Works

I have just a few comments. The first comment is a contribution to the ''analytic" question posed by Professor Black's work and made explicit by Professors Peller and Tushnet's paper. To make the case for the constitutional status of welfare rights, I do not think it is sufficient-although it may well be necessary-to show that the "state action" problem is merely a pseudo-problem, whatever the reason for finding it not to be a problem. I do not agree with one of the claims put forward by Peller and Tushnet,' that Black's perceptive analysis of the state action problem in his …

World Of Objects| The Poetics Of Charles Simic, Siobhan Scarry

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Politics Of (Mis)Recognition: Islamic Law Pedagogy In American Academia, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The combination of presence (of Islamic law) and absence (of legal transplant) in the course materials assigned by Islamic law instructors, the scholarship on law in the Islamic world by Islamic law scholars as well as by Comparatists, betrays an ideological project. I would describe it as an identitarian one with an underlying teleological notion of history. By identitarian I mean the positing of a common identity shared by all "Muslims" based on their religio/legal beliefs, a project that to my mind recalls what I called earlier the "fantasy effect." "[F]antasy is the means by which real relations of identity …

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Part I describes the disruptive role the pari passu clause plays in sovereign debt compositions, stating the case favoring the narrow reading. Part II reconsiders the economic incentives in play at the time lenders close loans to sovereigns, stating a case for the broad reading. Part III works the competing readings through the legal framework of bond contract interpretation. The exercise shows that the matter comes down to a choice between an ex ante reading, conducted as of the time the contract is executed and delivered, and an ex post reading, conducted as of the later time of distress. The …

Copy This Essay: How Fair Use Doctrine Harms Free Speech And How Copying Serves It, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Defenders of transformative uses have invoked the First Amendment to bolster claims that such uses should not be subject to the copyright owner’s permission. But this focus on transformation is critically incomplete, leaving unchallenged much of copyright’s scope, despite the large number of nontransformative copying activities that are also instances of free speech. The current debate leaves the way open for expansions of copyright that, while not targeted at dissenting viewpoints, nonetheless may have a profoundly negative effect on freedom of speech. In other words, transformation has limited our thinking about the free speech interests implicated by copying. This essay …

The Moral Foundations Of Modern Libertarianism, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Libertarians no longer argue, as they once did in the 1970s, about whether libertarianism must be grounded on moral rights or on consequences; they no longer act as though they must choose between these two moral views. In this paper, the author contends that libertarians need not choose between moral rights and consequences because theirs is a political, not a moral, philosophy, one that can be shown to be compatible with various moral theories, which is one source of its appeal.

Moral theories based on either moral rights or on consequentialism purport to be comprehensive, insofar as they apply to …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …

Michelangelo And Leonardo| The Frescoes For The Palazzo Vecchio, Paula Rae Duncan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Priority Of Morality: The Emergency Constitution's Blind Spot, David Cole

Georgetown Law Faculty Publications and Other Works

Three aspects of Bruce Ackerman’s thesis, which is a proposal to legitimate the practice of suspicionless preventive detention during emergencies, are discussed in this essay—its premises, its efficacy, and its morality. Part I critiques three of Ackerman’s premises—his underestimation of courts and overestimation of legislatures as guardians of liberty, his misguided belief that the supermajoritarian escalator provides a one-size-fits-all solution to the conundrum of emergency powers, and his contention that the short-lived character of emergencies makes it sensible to cede to a minority of our popular representatives control over critically important and largely unpredictable decisions concerning the appropriate duration of …

The Threat To Constitutional Academic Freedom, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Since the late 1980s, the academic authority of colleges and universities has been subjected to continuing blasts of criticism. Culture warriors portray decayed institutions where sixties radicals have seized control and terrorize students and the few remaining honest faculty with demands for political conformity or bewilder them with incomprehensible theorizing. Some valid criticisms by these writers can be gleaned among their towering hyperbole and tendentious accusations. But the overall effect has been to paint for the broader public an alarming, misleading picture of intolerance and cant. The prevalence of this picture, however false it may be, imperils the constitutional autonomy …

A Theory Of Crimes Against Humanity, David Luban

Georgetown Law Faculty Publications and Other Works

The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot live without politics, we exist under the permanent threat that politics will turn cancerous and the indispensable institutions of …

Judging Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The title of this Essay, "Judging Environmental Law," evokes several different themes. On the one hand, the title presents an occasion to discuss the role of judges in environmental law. On the other hand, it offers an opportunity to judge environmental law itself: whether environmental law is guilty, as charged by some in industry, of overreaching in its regulatory requirements; or, whether environmental law is instead guilty, as charged by some environmentalists, of underreaching, by failing to address pressing pollution control and natural resource management concerns. Finally, the title of the Essay possibly presents an occasion for a more theoretical …

The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this paper I will explore the idea of a "neutral" lawyer who may have neither "client" (in the conventional sense of client) to represent nor advocacy to perform, yet still be functioning fully as a lawyer or "learned professional" schooled in the law. Indeed, in this paper I will suggest that lawyers may be especially useful in performing a variety of "new" functions that depart from traditional conceptions of the lawyer's role, but which lawyers may be especially well suited to perform. It may be counter-cultural to think of lawyers as "consensus builders," rather than as advocates or makers …

Washington, D.C. Movable Feast: The Odds On Leviathan - Dispute Resolution And Washington D.C.'S Culture, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The field of dispute resolution has benefited enormously from a great wave of enthusiasm during its first two decades. But "youth's a stuff will not endure," and the first flush of ardor is an uncertain basis for confidence in the long term. Now, there is reason to believe that our field, like its predecessor professional fields, is vulnerable to the incentive structures built in to both academic and practice careers. At the same time, what we think of as a national (or larger) movement may be increasingly affected by local cultures.

Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Journal's focus on appellate practice and procedure suggests that it might be appropriate and productive to take a somewhat unusual approach to Brown and its significance. Brown was most important, of course, for its role in the transformation of American race relations. From the point of view of the appellate courts, Brown is significant in another way. Brown was the culmination of a sustained campaign of strategically designed litigation-or so it came to be thought. Lawyers subsequently took the strategic litigation campaign they saw ending in the triumph of Brown as a model for their own causes, and developed …

Just Do It, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Racial injustice has always been a problem in the United States. The most salient victims of the Nation's discrimination against racial minorities have included indigenous Indians, Chinese immigrants, Japanese-American citizens, Latinos, and of course blacks. But as the current war on terrorism illustrates, under the right conditions, almost any racial group can come within the scope of America's discriminatory focus. It is common to suppose that that there is a difference between the progressive and the conservative ends of the political spectrum concerning the issue of race. However, those commonly accepted differences pale in comparison to the overriding similarity that …

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 …

Modicum Blue: [Poems], Rob Schlegel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.