Digital Commons Network^™

Judicial Review Before Marbury, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dimensions: how well judicial review was established at the time of the Founding and when it was exercised. Where prior work argues that judicial review was rarely exercised before Marbury (or that it was created in Marbury), …

Is It Too Late For Title Vi Enforcement? - Seeking Redemption Of The Unequal United States' Long Term Care System Through International Means, Ruqaiijah A. Yearby

All Faculty Scholarship

Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with the hope of equality. This tragedy is a result of three hundred years of slavery, one hundred years of the limited freedom of segregation, three years of the promise of equality granted from the civil rights struggle, and thirty-seven years of resegregation through white flight and institutional racism. Hence, African-Americans have been fighting for the right to freedom, equality, and human dignity for …

World Health Law: Toward A New Conception Of Global Health Governance For The 21st Century, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The international community joined together during the late twentieth century to form a world trade system. Although imperfect, the world trade system contains adjudicable and enforceable norms designed to facilitate global economic activity. Human health is at least as important as trade in terms of its effects on the wellbeing of populations. Moreover, health hazards-biological, chemical, and radionuclear-have profound global implications. Whether these threats' origins are natural, accidental, or intentional, the harms, as well as the response, transcend national frontiers and warrant a transnational response. Despite their high importance, the International Health Regulations (IHR) are antiquated, limited in scope, and …

Cured Meat And Idaho Potatoes: A Comparative Analysis Of European And American Protection And Enforcement Of Geographic Indications Of Foodstuffs, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

Geographic indications, as defined by the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS Agreement"), are "indications which identify a good as originating in the territory of a member or region or locality in that territory where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."

While the general concept of protecting geographically-significant products from competition has existed for centuries, the protection provided to geographic indications varies significantly, both between countries and according to the product being protected.

Since the protection of foodstuffs in both Europe and America is a less …

What Iraq And Argentina Might Learn From Each Other, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Iraq and Argentina each launched a $100 billion debt restructuring last year. The two cases are rarely mentioned together. Most think of Argentina as the quintessential case of financial globalization gone awry - a lapsed market reformer that sank under the weight of (depending on your perspective) misguided liberalization or its own financial chutzpah, and took with it Argentine depositors, Italian retirees, Japanese banks, and offshore investment funds. Iraq's debt has a distinctly preglobalization flavor. Most of its obligations precede the recent wave of financial liberalization. In the words of Iraq's own advisers, its debt restructuring is a quintessential geopolitical …

Predictive Congestion Control Mac Protocol For Wireless Sensor Networks, Maciej Jan Zawodniok, Jagannathan Sarangapani

Electrical and Computer Engineering Faculty Research & Creative Works

Available congestion control schemes, for example transport control protocol (TCP), when applied to wireless networks results in a large number of packet drops, unfairness with a significant amount of wasted energy due to retransmissions. To fully utilize the hop by hop feedback information, a suite of novel, decentralized, predictive congestion control schemes are proposed for wireless sensor networks in concert with distributed power control (DPC). Besides providing energy efficient solution, embedded channel estimator in DPC predicts the channel quality. By using the channel quality and node queue utilizations, the onset of network congestion is predicted and congestion control is initiated. …

An Undergraduate Theatre History Course Design Utilizing Problem-Based Learning, Mary Alice Blackwell

Theses and Dissertations

This thesis was written to provide an alternative teaching model for an undergraduate theatre history class. The course design, utilizing the Problem-Based Learning educational model, aims to create a student-centered, experiential theatre history class. The first section explores the history and evolution of the theatre discipline in academia. These chapters examine the expansion and transformation of the theatre curriculum within the discipline and higher education. The second part examines the history and the methodologies of Problem-Based Learning. Based on the philosophy of educator John Dewey, PBL is considered to be a non-traditional method of teaching and learning that encourages the …

Intelligent Autonomous Data Categorization, Edward Graham Finegan

Theses and Dissertations

The goal of this research was to determine if the results of a simple comparison algorithm (SCA) could be improved by adding a hyperspace analogue to language model of memory (HAL) layer to form NCA. The HAL layer provides contextual data that otherwise would be unavailable for consideration. It was found that NCA did improve the results when compared to SCA alone. However, NCA added complexity problems that limit its practicality. The complexity of this algorithm is On3 where n is equal to the number of unique symbols in the data. While there is a relativity reasonable soft upper bound …

Exploring Classical And Contemporary Conception Of Ethos Applied Case-The Rhetorical Ethos Of President George W. Bush, Bobby J. Antrobus

Theses and Dissertations

By exploring classical and contemporary conceptions of rhetorical ethos, this thesis assembles theories of analysis and then applies them in the form of rhetorical analysis of the rhetorical ethos exhibited by President George W. Bush in his presidential speeches. The theoretical investigation reveals the extensive use of the ethical appeal in all manner of rhetorical situations in the contemporary world but especially focuses on how political rhetoric has come to rely predominantly on this persuasive appeal. The study examines several speeches given by President Bush and concludes that his success as president is attributed largely to the sophisticated rhetorical strategies …

Predictors Of Induced Abortion Among Female Youth Center Users In Port-Au-Prince, Haiti, Rachel Barker

Theses and Dissertations

Objective: Induced abortions occur in every country in the world. However sixty percent of the world's women live in countries where abortion is illegal. 19 million pregnancies end in unsafe and/or illegal abortions. Annually, 68,000 women die from unsafe abortions. Legal or not, unsafe abortion is one of the great neglected problems of health care in developing countries like Haiti and is a serious concern to women during their reproductive lives. Methods: The data for this study was collected from youth centers (ages 15-24) and used to estimate percentage distributions of abortion ratios by selected characteristics of women, particularly age …

The Relationship Between Breastfeeding And The Development Of Asthma In Early Childhood, River Anne Pugsley

Theses and Dissertations

Purpose: Asthma can have significant adverse effects on the health and quality of life of children, and the prevalence of this condition continues to rise. Breastfeeding may protect against asthma, but some uncertainty remains. The purpose of this study was to further examine the relationship between breastfeeding and the risk of developing asthma in early childhood. Methods: Data were collected from the State and Local Area Integrated Telephone Survey: National Survey of Children's Health, 2003. The study population consisted of 33,315 children ages 0 to 5 years. Prevalence rates of asthma and breastfeeding ,were calculated, as were crude and Mantel-Haenszel …

"The Race To The Bottom": Competition In The Law Of Property, John V. Orth

Faculty Publications

No abstract provided.

Free, Full-Text, Scholarly Journals On The Web, John Jaeger

The Christian Librarian

In the November, 2000 issue of College & Research Libraries, Michael Fesmire and Elizabeth Young had a fascinating article entitled, "Free Scholarly Electronic Journals: What Access Do College and University Libraries Provide?" In the article, they discussed the rapid growth of these free, academic, peer-reviewed journals on the Internet that covered all different subject areas. Through careful effort, the authors had located over 200 scholarly, full-text, peer reviewed journals, many of which were indexed in major services such as ERIC, Medline, MathSciNet, INSPEC, and C henucal Abstracts. They also noted, though, that most college and university libraries were not making …

Especially The Parchments, Kenneth O. Gangel Ph.D

The Christian Librarian

It was August of 1974. We had just moved to Miami Springs, Florida, where on july 1 I took up my duties as president of Miami Christian College, having left a most enviable position at Trinity Evangelical Divinity School and a bewildered band of faculty friends. The man I hired to build shelving around the room that would become my study had finished his work and I was in the process of sorting and shelving some 4,000 books. In the midst of the effort, my wife came into the room, watched for a while silently, and finally asked the question, …

Resource Reviews, Phyllis Fox

The Christian Librarian

No abstract provided.

Common Interest Developments At The Crossroads Of Legal Theory, Michael A. Heller

Faculty Scholarship

What makes common interest developments (CIDs) interesting for legal theory? In my view, CIDs should provoke our interest because they operate at the intersection of two axes of contemporary legal scholarship. The first axis concerns rights allocation, what I have called the spectrum from commons to anticommons property. The second axis concerns governance institutions, which can occupy the space between private and public. These two dimensions define the theoretical field within which we create new forms of group property, and through which we solve emerging collective action dilemmas. CIDs are located at this crossroads, delicately poised between extremes on both …

Holmes And The Marketplace Of Ideas, Vincent A. Blasi

Faculty Scholarship

At least five basic values might be served by a robust free speech principle: (1) individual autonomy; (2) truth seeking; (3) self-government; (4) the checking of abuses of power; (5) the promotion of good character. Free speech might serve one or more of these values by functioning in at least three different ways: (1) as a privileged activity; (2) as a social mechanism; (3) as a cultural force. My contention is that the conventional understanding of the most familiar metaphor in the First Amendment lexicon, the "marketplace of ideas," has had the undesirable effect of focusing attention too much on …

A Catalogue Of Twentieth-Century Cello Ensemble Music, Ivan M. Antonov

LSU Doctoral Dissertations

This document contains over 700 entries of cello ensemble music written in the twentieth and the beginning of the twenty-first centuries by 530 composers from around the world. Pieces presented in this catalogue are largely original works. A few exceptions have been allowed mostly when the composer arranged his/her own piece. For each entry, as much of the available information as possible is provided in the following general order: composer name, composer dates, title of the piece, approximate duration, and availability. Under a section named "remarks," additional information is provided such as number and titles of the movements, first performance, …

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan Oman

Denver Law Review

No abstract provided.

Roper V. Simmons And International Law, Stephen Arvin

Denver Law Review

No abstract provided.

"Dragonslaying." Review Of Democracy Defended, By G. Mackie, Donald J. Herzog

Reviews

Early in the Iliad, the Achaians convene an assembly. There are a lot of them and they're unruly, too. "[Tihe place of their assembly was shaken, and the earth groaned / as the people took their positions and there was tumult. Nine heralds / shouting set about putting them in order, to make them cease their / clamour and listen to the kings beloved of Zeus."' Clutching the scepter that has come to him ultimately from Zeus, the very symbol of his right to speak and be heard, Agamemnon bitterly proposes that the Achaians give up. Nine years of struggle …

Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner

Reviews

For centuries, moral philosophers have regarded ethics and justice in the international plane as part of their domain. The move from the personal to the societal or national to the global seems effortless. In recent years, philosophers in ethics have devoted considerable attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits better treatment of an individual’s co-nationals; while those in politics have revisited issues of international justice through, for instance, works on human rights and just war theory. These two bodies of work both address what constitutes a just world and what role the …

The Usa Patriot Act Of 2001, The Intelligence Reform And Terrorism Prevention Act Of 2004, And The False Dichotomy Between Protecting National Security And Preserving Grand Jury Secrecy, Lori E. Shaw

Seton Hall Law Review

No abstract provided.

Clauses In Conflict: Can An Arbitration Provision Eviscerate A Choice-Of-Law Clause?, Matthew Savare

Seton Hall Law Review

No abstract provided.

Adverse Possession And Takings Seldom Compensate For Chance Happenings, Martin J. Foncello

Seton Hall Law Review

No abstract provided.

Closing The Equitable Loophole: Assessing The Supreme Court's Next Move Regarding The Availability Of Equitable Relief For Military Plaintiffs, Christopher G. Froelich

Seton Hall Law Review

No abstract provided.

Fourth Amendment Federalism? The Court's Vacillating Mistrust And Trust Of State Search And Seizure Laws, Kathryn R. Urbonya

Seton Hall Law Review

No abstract provided.

The Evolution Of The Law Of Trustee's Powers And Third Party Liability For Participating In A Breach Of Trust: An Economic Analysis, Peter T. Wendel

Seton Hall Law Review

No abstract provided.

Towards The Recognition Of A Parental Right Of Companionship In Adult Children Under The Fourteenth Amendment Substantive Due Process Clause, Romana Kaleem

Seton Hall Law Review

No abstract provided.

Tribal Kulturkampf: The Role Of Race Ideology In Constructing Native American Identity, Carla D. Pratt

Seton Hall Law Review

No abstract provided.