Digital Commons Network^™

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 …

Sport Nutrition Education: A Study Of Nutritional Practices And Knowledge Among Mississippi Valley Conference High School Athletic Programs In The State Of Iowa, Sara Lynn Hallgren

Dissertations and Theses @ UNI

High school athletes are becoming more involved in nutritional supplementation and including foods in their diet high in fat and sugar through increased consumption of "convenience foods" and fast-food. These poor eating behaviors and use of supplementation are reasons why it is becoming increasingly important to bring sport nutrition education to the high school level. It is imperative these athletes receive appropriate education needed to make educated choices about food selections to meet nutritional needs for their sport and development. The purpose of this study is to determine the status of sport nutrition education among Mississippi Valley Conference high school …

Importance Performance Analysis Of U.S. Army Lieutenants’ Perceptions Of Morale, Welfare And Recreation Services, Jaime Sue Duncan

Dissertations and Theses @ UNI

This study is entitled the Importance Performance Analysis of U.S. Army Lieutenants' Perceptions of Morale, Welfare and Recreation Services. This present study was designed to determine customer satisfaction among lieutenants in the United States Army and to determine their perceptions of services provided by the Army Morale, Welfare, and Recreation using the importance-performance analysis. Important-performance analysis is an evaluation tool that determines the effectiveness or satisfaction of programs, activities, or tasks being studied. In 1977, Martilla and James developed this technique as a marketing approach to determine customer satisfaction. The participants were surveyed to determine the importance and performance of …

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal

Law Faculty Publications

Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.

Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson

Vanderbilt Journal of Entertainment & Technology Law

This paper explores how Congress has shaped and limited the content of films, comic books, popular music, and television over the past century. Specifically, this report focuses on the path to "self-regulation" and industry-wide codes for these four media, and how government used pressure and influence to spur the adoption of standards.

United States' Trade Policy And The Exportation Of United States' Culture, Beverly I. Moran

Vanderbilt Journal of Entertainment & Technology Law

The United States trade deficit grows larger each year.' What the trade deficit means and what is to be done in response to its growth shifts with administrations and over time. Nevertheless, since World War II, the United States' general position on international trade has been unbridled support for free access to free markets.

Now, the world economy is changing and our economy is responding. When the international trade regime we work under began cross border trade meant steel and oil and cotton. Now, our Gross Domestic Product and employment comes from services as much as anything else. Just as …

Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle

Vanderbilt Journal of Entertainment & Technology Law

Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) …

A Traitor In Our Midst: Is It Your Tivo?, Teresa W. Chan

Vanderbilt Journal of Entertainment & Technology Law

Part I of this Note provides a backdrop of the different aspects of privacy law, focusing on the federal statutory schemes that are applicable to the issue of information gathering and the different possible uses of that information as a violation of privacy rights that have appeared in similar technology cases up to this point in time. This section will also focus on the capabilities of TiVo in more depth.

Part II of the Note examines both of TiVo's questionable actions: first, whether gathering information to sell to advertisers and networks in the form of aggregate data violates privacy rights; …

Too Much Of A Good Thing: Deciphering Copyright Infringement For The Musician, Joseph K. Christian

Vanderbilt Journal of Entertainment & Technology Law

Imitation may indeed be flattering, but at least in the world of music, too much imitation is illegal. Copyright law protects "original works of authorship fixed in any tangible medium of expression. "It guarantees the owner of a copyrighted work the exclusive right to reproduce, distribute, display, and publicly perform the work, among other rights. To the owner of a copyright in music, that means that no one else may perform the musical work, or make or distribute copies of the original manuscript or a recording of the work, without the permission of the copyright owner.'

A Whole Different Ball Game: Ticket Scalping Legislation And Behavioral Economics?, Jasmin Yang

Vanderbilt Journal of Entertainment & Technology Law

Baseball is the sport most closely intertwined with American culture.' In many ways, the scandals associated with baseball, such as antitrust, segregation, and labor disputes, parallel and reflect the nation's development. In helping to shape the nation's collective identity, baseball's history is a sentimental reminder of a time when people were less concerned with profit and more interested in democratic access. And despite its somewhat tarnished image, many people want to champion and maintain the purity of the game. In jarring contrast, ticket scalpers personify the intersection of America's love for baseball with its love of profit. They represent pure …

The Music Industry's Failed Attempt To Influence File Sharing Norms, Steven A. Hetcher

Vanderbilt Journal of Entertainment & Technology Law

Digitization and related technologies such as file-sharing software and wireless communications are revolutionizing how intellectual content is distributed and consumed. At the same time, the ways in which consumers have chosen to use this technology are challenging how characteristics of intellectual property ownership are defined. Some of the important rights promised to owners under the Copyright Act may begin to appear as little more than formal guarantees if the explosive trend toward unauthorized copying continues to expand. As a result, the content industry has viewed the ever-expanding footprint of digital media as a mixed blessing. While this technology promises vastly …