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The Coiled Serpent Of Argument: Reason, Authority, And Law In A Talmudic Tale, David Luban

Georgetown Law Faculty Publications and Other Works

One of the most celebrated Talmudic parables begins with a remarkably dry legal issue debated among a group of rabbis. A modern reader should think of the rabbis as a collegial court, very much like a secular appellate court, because the purpose of their debate is to generate edicts that will bind the community. The issue under debate concerns the ritual cleanliness of a baked earthenware stove, sliced horizontally into rings and cemented back together with unbaked mortar. Do the laws of purity that apply to uncut stoves apply to this one as well? This stove is the so-called "oven …

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 …

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Article I seek to explore, not resolve, some of the issues and tensions in the role of temporality in achieving justice through mediative processes and to suggest some correctives at the practice level, as well as encourage some deeper thinking at the theoretical level. I focus here on issues of expression of temporality ("the past") in the "justice and mediation" question, not on issues of how the past should be judged - by the rule of law, culture, or universal human rights principles, or even how it can be "managed" when understandings of the past conflict or cannot …

Analyzing The Bipartisan Campaign Reform Act Of 2002, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

The Bipartisan Campaign Reform Act of 2002 ("BCRA") is the laboratory in campaign finance law. When analyzing BCRA, it is important to look at the Missouri state law that led to the Supreme Court case, Nixon v. Shrink Missouri Government PAC. In Shrink Missouri, five justices upheld Missouri's relatively low simple limit on contributions to candidates. The law in Missouri limited contributions by anyone to candidates, but there was no limit as to how much a person or entity could give to a political party committee or to a political action committee (PAC). Further, there was no limit on how …

Defense-Oriented Judges, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this essay, I argue in favor of so-called "defense-oriented judges." Instead of the increasingly prosecution-oriented judicial aspirants who ascend to the bench, we need more judges who care about protecting the rights of the accused, who will put the government to the test, and who have some compassion for those who come before them. Instead of judges who are nothing more than rubber-stamps for prosecutors, deferring to prosecutors at every step because they believe most defendants are in fact guilty, or because they dislike defense lawyers, we need judges who are truly neutral and disinterested. Instead of judges who …

Too Much Heart And Not Enough Heat: The Short Life And Fractured Ego Of The Empathic, Heroic Public Defender, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this Article I will examine Professor Ogletree's paradigm for motivating and sustaining public defenders ten years after he proposed it. I will discuss whether Professor Ogletree's paradigm works for defenders in the predominantly high-volume, urban settings in which they practice, and if so, for how long. If the paradigm works for short-term defenders only - or those with smaller caseloads - then perhaps it is a temporary, not a sustaining, motivation. I will examine whether the paradigm is helpful- on an aspirational level if nothing else – or whether it emphasizes motivations that are ultimately self-defeating. After discussing Professor …

Left Out, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

My thesis is that the left's problem regarding criminal justice is at least partially of its own making. Specifically, the problem stems from deep contradictions in the left's positions. Progressives have not one position on crime, but at least seven different ones, and these positions cannot be reconciled. Most of this essay consists of a taxonomy of conflicting progressive views on criminal justice. Before I begin, however, I need to qualify my thesis in three important ways. First, as will become obvious, what I present below amounts to no more than brief descriptions - really evocations - of attitudes, arguments, …

Out Of Bounds, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

Lawrence v. Texas creates a crisis for inclusive constitutionalism. Too often, advocates of inclusion and tolerance wish to include only those ideas and groups with which they agree. The test for true inclusion and tolerance, however, is whether we are willing to protect groups when they engage in conduct of which we disapprove. It follows that the boundaries of inclusion cannot be established simply by moral argument; yet, any plausible version of constitutional law must use some method to bound the people and activity that it protects. Defenders of inclusive constitutionalism have not been successful in identifying a method, independent …

Interpreting Constitutions Comparatively: Some Cautionary Notes, With Reference To Affirmative Action, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

It has now become the conventional wisdom that many justices on the United States Supreme Court are thinking about the relevance of comparative constitutional law to the interpretation of the United States Constitution. An emerging conservative critique of doing so questions the democratic legitimacy of the practice. I believe that those questions are badly formed, but that other questions are worth raising about the (perhaps) emerging practice. In this comment I identify some reasons for caution about the use of transnational comparative law in interpreting domestic constitutions. Some reasons are institutional, others arise from the doctrinal context within which particular …

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 …

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.

Pragmatism And Judgment: A Comment On Lund, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

Nelson Lund's article is entitled The Rehnquist Court's Pragmatic Approach to Civil Rights.' I raise three questions about his analysis, two of which take off from the phrasing of his title. First, calling the present Court the Rehnquist Court is obviously easy, and I do it myself in the subtitle of my forthcoming book. Professor Lund has of course taken his charge from the conveners of this Symposium, and I do not mean to criticize him for doing so. Still, it may be worth pointing out that convening a symposium that encourages people to think in terms of "the Rehnquist …

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 …

Judicial Review In The United States And In The Wto: Some Similarities And Differences, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Among international organizations, the World Trade Organization (WTO) is widely credited with having the most effective dispute settlement system. Its highly developed dispute settlement system, which is one of the few in international law to include a standing appellate body, invites comparisons to the institution of judicial review in the United States under the paradigm of Marbury v. Madison. Such a comparison yields insights about both the WTO dispute settlement system and Marbury-style judicial review. This article first notes an important parallel between the two systems: like the WTO, judicial review in the United States began as the …

Forecasting Series-Based Stock Price Data Using Direct Reinforcement Learning, H. Li, Cihan H. Dagli, David Lee Enke

Engineering Management and Systems Engineering Faculty Research & Creative Works

A significant amount of work has been done in the area of price series forecasting using soft computing techniques, most of which are based upon supervised learning. Unfortunately, there has been evidence that such models suffer from fundamental drawbacks. Given that the short-term performance of the financial forecasting architecture can be immediately measured, it is possible to integrate reinforcement learning into such applications. In this paper, we present the novel hybrid view for a financial series and critic adaptation stock price forecasting architecture using direct reinforcement. A new utility function called policies-matching ratio is also proposed. The need for the …

The Vagaries Of Informed Consent, George P. Smith Ii

Scholarly Articles

The purpose of this Article is to probe the foundations and applications of informed consent in a variety of situations and thereby test its validity. The conclusion to be drawn from this analysis is that while the doctrine has yet to become an integral part of the ethos of medicine, it still provides an important mechanism for maintaining a purposeful discourse between physician and patient and, as such, nurturing and preserving their essential partnership of healing and trust.

Technology And The Internet: The Impending Destruction Of Privacy By Betrayers, Grudgers, Snoops, Spammers, Corporations And The Media, Clifford S. Fishman

Scholarly Articles

This Article reviews how the Internet and related developments-technological, social, and legal-have magnified the threat to privacy posed by private individuals, commercial enterprises, and the media. It offers a brief overview of the current threats to privacy from sources other than the government, and, in particular, the impact of the Internet in creating or magnifying those threats. Part I discusses the threat to privacy in general, examining how the Internet and developments in surveillance technology, in information storage and retrieval, in dissemination of information, sound, and images, and changes to the informal "social contract" that defines general standards have all …

Recruiting And Retaining Faculty Of Color In The Legal Academy: A Longstanding Commitment Of The Association Of American Law Schools, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer

Scholarly Articles

The Supreme Court weighs in for a second time in the more than 5-year-old court battle over whether the Child Online Protection Act drafters have rectified the constitutional defects of the Communications Decency Act, which the Court struck down in 1997 on First Amendment grounds. In an effort to cure the CDA's lack of "narrow tailoring," the drafters of COPA have more narrowly defined the speech that is being regulated and have also narrowed the speakers who are subject to regulation.

Preconceived Physician Attitude Toward Computerized Physician Order Entry (Cpoe): Implications For Successful Implementation, John Arthur Hoffstatter

UNF Graduate Theses and Dissertations

There has been a societal and legislative push to implement computerized physician order entry (CPOE) systems throughout hospitals nationally in recent years due in large part to the public's awareness of an inordinate number of patient deaths due to medication errors in hospital settings. This mortality, and untold morbidity, became even more unacceptable when published findings suggested the majority of these 100,000 deaths each year could be avoided through the use of CPOE systems.

Yet acceptance has been slow and only a fraction of the hospitals have implemented this technology due to large start up costs, enormous technological requirements, and …

Perceptions Of A Chilly Climate: Differences In Traditional And Non-Traditional Majors For Women, Ladonna K. Morris

UNF Graduate Theses and Dissertations

The purpose of the present study was to examine how perceptions of a chilly climate differ between students in traditionally female-dominated majors versus traditionally male-dominated majors, and how these perceptions relate to students' intentions to persist or pursue higher education in their chosen field. Participants were 403 students attending a community college in the southern United States, including students majoring in information technology (IT), engineering, education, and nursing. Participants completed the 28-item Perceived Chilly Climate Scale (PCCS) and other informational items.

The primary research question asked: To what extent can scores on the five subscales of the PCCS be explained …

Access To Higher Education In Florida And South Africa: A Comparative Policy Analysis, Marty Z. Khan

UNF Graduate Theses and Dissertations

This study examines issues of access to higher education in Florida and South Africa. On November 9, 1999, the Governor of the State of Florida issued Executive Order 99-281 to establish the One Florida Initiative (OFI), which barred the use of race as a factor in university admissions. In South Africa, the government in February 2001 issued its National Plan for Higher Education (SANPHE). This plan outlined a framework to redress past inequities in the higher education system perpetuated by the former government's apartheid ideology. Senior university leaders in Florida and South Africa were required to implement their respective policy. …

Across The Divide: The Working Lives Of African American Teachers In The Classroom, Kristen Marinus Larsen Iii

UNF Graduate Theses and Dissertations

This qualitative study examined how experienced African American teachers in predominantly African American schools perceived and conceptualized their worklives as classroom teachers, and, how they viewed their personal and professional identities in relationship to their lives as teachers. In depth interviews of 10 experienced African American teachers provided the data for the study, analyzed through the interpretative use of appropriate literature screens. The teachers understood their experience of teacher worklife and their lives as human beings through three distinct dimensions of personal and professional identity: the self, including perceptions of race and gender; the interactive dimension within the educational environment; …

A Narrative Inquiry Into The Experiences Of Individuals In The Midst Of Organizational Change: A Shift From Systems To Stories, Stanley M. Amaladas

Harold L. Hodgkinson Award for Outstanding Dissertation

This study explores how individuals understand and make meaning of their experiences while in the midst of radical organizational change. Empirical materials for this research were obtained though written stories and interviews of two groups of managers within the Canadian public sector who were themselves in the throes of organizational change. The findings of this study were analyzed through a three-dimensional-narrative-inquiry-space framework.

The results of this study (a) support the postmodernist notion of a recursive relationship between metaphors and stories, and (b) between metaphors/stories and experiences, namely that they dialectically inform, structure and maintain the other. It was also discovered …

The Learning Garden: A Case Study, Laurie Ann Kellogg Hayzlett

Dissertations and Theses @ UNI

How do we best capture the interest of our students? Are there environments that would better serve the needs of our students and the objectives of our schools? Reflection on these questions led to the planning and development of the Leaming Garden. This research was a case study of the use of the Leaming Garden. Proposed and actual uses were identified using teacher questionnaires, student and teacher interviews and researcher field notes. Teachers and students were asked about their use of the Leaming Garden both in conjunction with classes and for activities during off-school hours. This study was conducted in …

Thinking Locally, Acting Globally: Professional Development And The Colearn Writing Initiative, Cathy Fleischer

Language Arts Journal of Michigan

No abstract provided.

Manifestation Determinations: How Do Iowa's Aea Adopted Procedures Compare To Federal And State Requirements And Expert Guidelines?, Keely J. Beam

Dissertations and Theses @ UNI

Due to the qualitative nature of manifestation determinations there is variation is how manifestation determinations are applied across situations and settings. In addition, IEP teams remain uncertain and uniformed regarding conducting manifestation determinations. This study investigate how Iowa's Area Education Agencies (AEAs) adopted procedures compare with federal and state requirements and expert guidelines. The reliability of manifestation determinations may be improved when AEA's adopt procedures are consistent with federal and state requirements, and expert guidelines. Tue information gleaned from this document review may also be of value to AEA's in establishing their own procedures for manifestation determinations. The study utilizes …