Digital Commons Network^™

Grading Justice Kennedy: A Reply To Professor Carpenter, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

I want to thank the editors of the Minnesota Law Review for soliciting this Reply to Professor Dale Carpenter's provocative analysis of my assessment of Justice Kennedy's opinion in Lawrence v. Texas. As it turns out, though we do disagree about Lawrence, Professor Carpenter and I have fewer disagreements than he thinks. To begin to see why, let us imagine that, like many other professors, he had used the facts and lower opinion in Lawrence as the basis for his final examination in his course on Constitutional Law. On the exam, he asked his students to write an opinion for …

Limiting Raich, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

On Monday, November 29th, 2004, at 10:30 a.m., I rose to argue the case of Gonzales v. Raich in the Supreme Court on behalf of Angel Raich and Diane Monson. On Monday, June 6th, 2005, at 10:00 a.m., the Court announced its decision. Even today it is painful to read the opinions in the case. I am saddened for my clients, and the thousands like them, whose suffering is alleviated by the use of cannabis for medical purposes, as recommended by their physicians and permitted by the laws of their states, but who are nevertheless considered criminals by the federal …

Condemnation Of Low Income Residential Communities Under The Takings Clause, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In Part 1 of this paper, I describe the evolution of interpretation of the "public use" clause that authorizes the use of eminent domain for urban redevelopment. In Part 2, I chart the effort to narrow the scope of public use in order to eliminate or police redevelopment by condemnation. In this part, I present and analyze the arguments for such reinterpretation and the new rules suggested for how public use should be understood. I also sketch the changing economic and political situation of cities that lead them to take this activist approach to positive economic planning. I conclude that …

Stakeholders, Michael Johnson-Cramer, Robert A. Phillips

Management Faculty Publications

The stakeholder concept derives from a simple premise: organizations and technologies exist in constellations of relationships. Organizations operate in a network of market and nonmarket relationships with other organizations, groups, and individuals. Likewise technologies emerge and exist in a network of suppliers, end users, and others who bear the impact of the technology. Generally with reference to both organizations and technologies, these related parties are termed stakeholders, meaning that they hold a stake in the outcomes of the organization or technology.

Why You Should Read My Book Anyhow: A Reply To Trevor Morrison, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Authors rarely have the opportunity to respond to their reviewers in the same issue in which the review is published, so I am grateful to the Cornell Law Review for inviting me to do so and to Trevor Morrison for graciously agreeing. I am also appreciative of the respectful tone that Professor Morrison employs in his comments on a book with which he so obviously disagrees. Coming from a critic, the positive qualities he attributes to Restoring the Lost Constitution: The Presumption of Liberty are especially significant. Yet he does disagree with me, which means that I disagree with him, …

Preemption And Regulatory Failure, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

This symposium was convened to address the growing and seemingly conflicting jurisprudence governing federal preemption of state damage actions. One way to evaluate the evolution of preemption law is to examine it through the lens of litigation under the preemption provision of the 1976 Medical Device Amendments ("MDA") to the federal Food, Drug, and Cosmetic Act - a provision that in many respects is typical of express preemption provisions in regulatory statutes and has spawned a high volume of litigation. The question raised in cases under the MDA is whether the Act's preemption provision nullifies state damage actions based on …

Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

The period from 1970 to the present - roughly a third of a century - has witnessed profound changes in the quality of regulation at the Federal Trade Commission and a remarkable convergence of antitrust enforcement policy between left and right, and between primarily legal as opposed to primarily economic approaches. With respect to substantive law, areas of intellectual debate and uncertainty remain, but viewpoint differences that existed between the 1960s and the 1980s are today vastly reduced. In the 1960s, emphasis was on populist values, hostility to "Bigness," protection of competitors (especially small business) as opposed to the competitive …

In Teachers' Hands: Effective Literacy Teaching Practices In The Early Years Of Schooling, William Louden, Mary Rohl, Caroline Barratt Pugh, Claire Brown, Trevor Cairney, Jess Elderfield, Helen House, Marion Meiers, Judith Rivalland, Ken Rowe

Monitoring Learning

This project investigated the link between children’s growth in English literacy in the early years of schooling and their teachers’ classroom teaching practices. Using the LLANS literacy assessment tasks, 2000 children from every state and territory were assessed at the beginning and end of their first or second year at school. The teaching practices used by teachers whose students made most progress were explored. The effective teachers used a wide repertoire and demonstrated key teaching practices with greater consistency, skill and subtlety.

Maternal And Newborn Care: Practices And Beliefs Of Traditional Birth Attendants In Sindh, Pakistan, Z Fatmi, A Z. Gulzar, A Kazi

Community Health Sciences

Maternal mortality, infant mortality and neonatal mortality are high in Pakistan where maternal health services depend upon traditional birth attendants (TBAs). We examined the practices of TBAs in Dadu district in rural Sindh from September to November 1998 by interviewing and hosting focus group discussions with 17 TBAs. Health care personnel and other important members of the community were also interviewed. TBAs worked in areas demarcated by extended families, ethnicity or geographical access and a system of seniority was observed. Only one TBA was formally trained and antenatal and postnatal care concepts, cleanliness and equipment were inadequate. Communities trusted the …

Long-Term Improvement In Unsafe Injection Practices Following Community Intervention, Stephen Luby, Fawzia Hoodbhoy, Aziz Jan, Aly Shah, Yvan Hutin

Community Health Sciences

Background: A study in 1994 identified frequent unsafe injections as the cause of widespread hepatitis C virus infection in Hafizabad, Pakistan. A simple low cost community education program was assessed to see if it improved injection safety.Methods: A local health organization developed educational materials on hepatitis C including advice on how to avoid unnecessary injections and, when injections were necessary, to use a new syringe and needle. Beginning in 1995, this advice was communicated through multiple channels including health education meetings, announcements in mosques, and via pamphlets. In 1998 study workers revisited controls from the 1994 case-control study (along with …

Randomized Controlled Trial Of Standard Versus Double Dose Cotrimoxazole For Childhood Pneumonia In Pakistan, Zeba A. Rasmussen, Abdul Bari, Shamim Qazi, Gul Rehman, Iqbal Azam, Sherbaz Khan, Farida Aziz, Sadia Rafi, Mehr Taj Roghani, Imran Iqbal

Community Health Sciences

Objective: Increasing concern over bacterial resistance to cotrimoxazole, which is recommended by WHO as a first-line drug for treating non-severe pneumonia, led to the suggestion that this might not be optimal therapy. However, changing to alternative antimicrobial agents, such as amoxicillin, is costly. We compared the clinical efficacy of twice-daily cotrimoxazole in standard versus double dosage for treating non-severe pneumonia in children.
Methods: A randomized controlled multicentre trial was implemented in seven hospital outpatient departments and two community health programmes. A total of 1143 children aged 2-59 months with non-severe pneumonia were randomly allocated to receive 4 mg trimethoprim plus …

Deep Drains To Manage Groundwater, Neil Cox, Sylvia Tetlow, Neil Coles

Bulletins 4000 -

A channel that is 1.0 m to 3.0 m in depth is considered to be a deep drain. The drain is excavated to a depth that is sufficient to intercept the watertable in order to capture and convey that groundwater from flat, poorly drained land.

The drain can either be ‘open’ to allow the inflow of surface water or ‘leeved’ to exclude surface water. An open deep drain has its spoil banks placed on one side or on alternate sides of the channel (Figure 1) while a leveed deep drain has continuous spoil banks placed on both sides of the …

You Can Help Keep Western Australia Free Of Pest Animals, Marion Massam

Bulletins 4000 -

Quite apart from their economic and environmental impacts, the sheer nuisance value that certain pest animals can create for people - even in the shelter of our own backyards - is reason enough to want to keep them out of Western Australia.

Currently our State is free from numerous pest animals that, interstate or overseas, damage crops, spread exotic diseases, endanger the survival of native animals and disturb habitats.

You can help in maintaining this freedom, by being on the lookout for the animals featured on the following pages. As yet, they are either absent from Western Australia or confined …

Synthesis And Characterization Of Poly (L-Lactide)-Poly (D, L-Lactide) Stereo-Block Copolymers, Sachit Chopra

Theses and Dissertations

No abstract provided.

A Prospective Study Of Changes In Physical Activity : Examining The Stages Of Change Model And Other Behavioral, Demographic, And Environmental Predictors, Anna M. Evans

Theses and Dissertations

No abstract provided.

Developing Countries At Crossroads: Aid, Public Participation, And The Regulation Of Trade In Genetically Modified Foods, J.M. Migai Akech

Fordham International Law Journal

This Article reviews the experience of developing countries with the regulation of trade in GM food products in light of such bilateral pressures and argues that there is a need for broader public participation in the regulation of biotechnology as this will facilitate national governance in an era in which the international trade regime is rapidly eroding national regulatory decision-making autonomy. Furthermore, broadening public participation promises to rescue governments of developing countries from the aforementioned bilateral pressures by helping to strengthen their hands in negotiations for technical assistance and food aid. That is, developing country governments can use participatory regulatory …

Advocate General Jacobs' Contribution To Competition Law, Valentine Korah

Fordham International Law Journal

This Article focuses on some of AG Jacobs' opinions regarding matters of competition, starting with his contributions on the meaning of “undertaking” in Höfner and AOK, under a combination of the Treaty Establishing the European Community (“EC Treaty”) Articles 82 and 86 (special and exclusive rights), and Risparmio, under Articles 86 and 87 (State aids). It does not deal with many other opinions he wrote on the meaning of “undertaking,” such as those in Albany and Pavlov. Finally, it discusses his opinions on refusals to deal in Bronner and Syfait, along with a selection of other judgments on the topic.

A Commentary On Selected Opinions Of Advocate General Jacobs, Rosa Greaves

Fordham International Law Journal

This Article seeks simply to demonstrate, by reference to carefully selected opinions, Advocate General Jacobs' commitment to the establishment of the internal market (as illustrated by HAG II, Leclerc-Siplec, Alpine Investments, and Silhouette) and to the development of a Community legal order in which individual rights are fully protected at national and Community levels (in, for example, Konstantinidis, Vaneetveld, Unilever, and UPA).

From Stockholm To New York, Via Rio And Johannesburg: Has The Environment Lost Its Way On The Global Agenda?, Paolo Galizzi

Fordham International Law Journal

This Article will examine the response of the international community to the compelling evidence on the environmental crisis facing our Planet. It will analyze the place of the environment in the international agenda from the early 1970s, when an international environmental agenda emerged, to the 2005 World Summit, where Heads of State and Government gathered to renew their commitment to the international agenda for the twenty-first century agreed at the Millennium Summit. More specifically, the Article will examine the "comprehensive" international environmental agenda that has emerged within the U.N.

An Exploratory Investigation Into The Use Of Imagery By Coaches, Gregory B. Ulland

Theses and Dissertations

No abstract provided.

Preliminary Studies Of Land Cover And Bare Ground Variables Necessary For Future Larimore Dam Restoration Considerations, Olalekan R. Sodeinde

Theses and Dissertations

No abstract provided.

The Effect Of Fuel Size On The Energy Density Of Producer Gas In A Biomass-Fired Modified Downdraft Gasifier, Kyle Edgar Martin

Theses and Dissertations

No abstract provided.

An Exploratory Study Of The Members At A Latino Organiation [Sic], Michael P. Stevens

Theses and Dissertations

No abstract provided.

Closed-Cell Foam Characterization For Packaging And Testing Of Agricultural Camera (Agcam) System, Richard D. Voeller

Theses and Dissertations

No abstract provided.

Gambling And Sensation Seeking Among Native Americans And Non-Native Americans, Angelique A. Gillis

Theses and Dissertations

No abstract provided.

Diffusion And Remediation Of Organic Chemicals In Softwood, Nidhi Jalan

Theses and Dissertations

No abstract provided.

Characterization Of Refractory Corrosion By Flowing Slag, Hong Xi

Theses and Dissertations

No abstract provided.

Who Do Athletes Compare To : How The Standard Of Comparison Can Affect Confidence Levels In Athletes, Ryan Matthew Schultz

Theses and Dissertations

No abstract provided.

Calcium Kinetic Studies In Animal Models For Osteoporosis Using ⁴⁷Ca/⁴¹Ca Radiotracers, Jennifer Ann Sattler

Theses and Dissertations

No abstract provided.

Athletes' Use Of Exercise Imagery During Weightlifting, Michael S. Silbernagel

Theses and Dissertations

No abstract provided.