Digital Commons Network^™

When Prosecutors Control Criminal Court Dockets: Dispatches On History And Policy From A Land Time Forgot, Andrew Siegel

Faculty Articles

The decision as to who has the authority to bring a matter up for resolution before a criminal court is one of the most basic decisions a system of criminal adjudication must make. Despite - or perhaps because of - the elemental nature of this structural matter, historians and scholars of criminal procedure have thus far offered a startling paucity of evidence as to the history and policy consequences of different docket control regimes. This article offers the first comprehensive examination of this issue, rescuing the history of criminal court calendar control from the dustbin of history and grappling in …

Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton

Faculty Articles

This article takes the position that, although the PATRIOT Act is superficially unrelated to the specifics of the exclusionary rule, such a drastic departure from constitutional norms would not have been possible had the Court not conditioned the Fourth Amendment exclusionary rule's operation on pursuit of the inherently unstable target of institutional deterrence. Part I of this article will trace the development of the Fourth Amendment's exclusionary rule from its origins in federal court through its incorporation against the states, paying particular attention to the underlying purpose of the exclusionary rule as announced by the Court, and concluding with a …

Private Motive And Perpetual Conditions In Charitable Naming Gifts: When Good Names Go Bad, John K. Eason

Faculty Articles

This article explores the problems that often result from a charitable naming opportunity contribution. A charitable naming opportunity contribution exists when a donor transfers money or property to a charitable organization upon terms that result in an individual's name being associated in some way with the organization, its institutions, activities, or facilities. Implementing such arrangements can become problematic as circumstances change over time. Matters considered here include the meaning of "charity" as affected by a donor's personal desire to perpetuate a name. This article also highlights the quite varied doctrinal analyses that may apply when deviation from the precise terms …

Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen

Faculty Articles

Japan is considering changes to its constitution, including Article 9, which prohibits it from maintaining a military force. If amendments are made, it would mark the first time the Japanese constitution has been amended since its establishment in 1947. Professor Chinen examines the debates on Article 9 using scholarship on constitutions as providing heuristics for decision-making. Constitutions help overcome the problems of emotion and time-inconsistency. They also enable societies of different deliberative groups to avoid the pitfalls of deliberation by requiring groups to interact with one another and by providing opportunities for compromise through what Cass Sunstein refers to as …

Limit Horizons & Critique: Seductions And Perils Of The Nation, Tayyab Mahmud

Faculty Articles

This essay introduces four contributions on nation and nationalism that form a cluster in the 2005 Annual Symposium of Latina/o Critical Legal Theory (LatCrit). It puts forward the concept of "limit horizons": the hegemonic ontological categories that so imprint the imaginary of an age the even critique remains imprisoned in the normalcy of these categories - an imprisonment that curtails the transformatory potential of critique. It is argued that the modern concept of the nation is such a limit horizon. Consequently, any critical engagement with the concept of the nation must concurrently be an exercise in self-critique to ensure that …

The Case Of The Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions In Federal Statutes And International Treaties?, Diane Lourdes Dick

Faculty Articles

This article analyzes conflicts that arise under international agreements that define and protect foreign ownership interests in civil aircraft, on the one hand, and domestic laws that allow Americans to bring suit against state sponsors of terrorism, on the other hand. Finding that courts often perform concealed interest analyses under the guise of mechanical application of canons of construction, this article recommends a comparative impairment interest analysis approach to resolving this and related conflicts.

Citizen And Citizenship Within And Beyond The Nation, Tayyab Mahmud

Faculty Articles

This review essay deploys critical social theory and critical race theory to interrogate concepts of citizen and citizenship. It reviews three submissions to a Lationa/o Critical Legal Theory (LatCrit) Symposium. One explores the relationship between law, race, and nation-building. The second examines the relationship between race and citizenship through the prism of police round-up of undocumented workers in Arizona. The last located the question of citizenship and legal subjecthood beyond the traditional confines of the nation-state.

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Faculty Articles

This paper reevaluates Frankfurt School theory, and other cultural critiques, in an effort to bring a more sophisticated analysis to bear on popular culture depictions of law. It invokes the cultural critiques of the Birmingham School in order to assess the more subtle ideological content more often found in film. The focus is not only on how popular culture functions as a mechanism for communicating and reproducing ideologies, but also what this function is based on, a theoretical analysis that asks what images of law and legal justice one might expect to see in popular media. The article also assesses …

Litigating Global Warming: Substantive Law In Search Of A Forum, Henry Mcgee

Faculty Articles

In response to the obstruction by the United States of the Kyoto protocols and its subsequent agreements, American environmental NGOs and state governments have filed a range of lawsuits to force the current U.S. administration, automobile manufacturers, and regulatory actors to combat global warming. This essay first very briefly sketches some of the strategies by litigants to force compliance with Kyoto, an agreement which reflects nearly all of the international community's desire to schedule reductions in greenhouse gas emissions. The essay then describes a strategy that perhaps is the most conventional in terms of international law, but requires a nation …

Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell

Faculty Articles

In this paper, Professor Powell argues that the thinking of Bernard Lonergan in light of the natural law insights of St. Thomas Aquinas, Ali Ezzati and Abdullahi Ahmed An-Na'im provides a framework for Christian-Muslim dialogue. Lonergan's transcendental method moves from the individual subject to universal insights rather than presuming to deduce universals a priori, without regard for history, culture and individual experience. Professor Powell asserts that the most fruitful starting place for meaningful dialogue is to address questions of human rights and social justice using natural law theory, rather than focusing on theological concerns. If Muslims and Christians mutually acknowledge …

A Curious Concurrence: Justice Brandeis' Vote In Whitney V. California, David Skover, Ronald Collins

Faculty Articles

A piece of jurisprudential sleuthing, this article uncovers the back story for a puzzle unanswered by legal historians for some eighty years: Why would the free-speech libertarian Louis Brandeis write the most famous paean to First Amendment normative values in his opinion in Whitney v. United States, and yet join (by way of a concurring opinion) the judgment of the majority of the Court that would have sent the "patrician radical" Anita Whitney to prison for a 14-year term solely for participating in the formation of the California Communist Labor Party? Part of the puzzle is provided by the unpublished …

Walking While Muslim, Margaret Chon, Donna E. Arzt

Faculty Articles

In the post-9/11 era, what exactly is meant by race? This essay claims that both domestic civil rights law and international human rights law simultaneously create and obscure racial identity increasingly constructed through Muslim religious identity. The argument unfolds in several parts. First, by analogy to the racial formation process that occurred with the Japanese American community after World War II, we argue that a group's religious identity can contribute to the perception of a group as a racially different and inferior "other." Second, among other elements, religious identity is under-analyzed as a key element of racial formation. Third, post-9/11 …

Note: The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick

Faculty Articles

This article analyzes the impact of Medicaid estate recovery laws on nontraditional families, and offers policy solutions that protect families from unintended consequences while preserving the fiscal integrity of the Medicaid program.

Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse

Faculty Articles

This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.

The Documentary History Of The Supreme Court Of The United States. 1789-1800. Vol. 7, Cases: 1796-1797, George Van Cleve

Faculty Articles

In this review, the author expresses praise for DHSC 7, a document that covers court cases from 1796 to 1797. It highlights various particular cases while noting how effectively they are examined. Ultimately, the review advocates that students of legal history should consider the DHSC 7.

Post-Election Economics & Other Notes, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A., PhD. (2004, December 3). Post-election economics. Unpublished manuscript.

• Shaikh, A., PhD. (n.d.). Borrowing behavior and debt service [Handwritten draft notes]. Unpublished manuscript.

• Becker, E. (2004, October 14). Nordic countries come out near the top in two business surveys. The New York Times. Publisher details not identified.

• Shaikh, A., PhD. (2004, November 10). Post-election economics [Annotated draft]. Unpublished manuscript.

• Shaikh, A., PhD. (2004, November 3). Eco implications of election [Handwritten notes]. Unpublished manuscript.

• Shaikh, A., PhD. (2004, November 3). Comments & discussion [Handwritten notes]. Unpublished manuscript.

• Shaikh, A., PhD. (n.d.). Macroeconomic notes on sectors and equations …

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2005-06 Managing And Editorial Boards, Georgia Journal Of International And Comparative Law

GJICL Editorial Boards

Managing and Editorial Boards for the Academic Year 2005-06

Systems Development Tools And The Relationship To Project Design: Cost And Budget Implications, Gerald V. Post, Albert Kagan

Journal of International Technology and Information Management

An investigation into current system development trends, including a summary of projects, platforms, and tools. The majority of projects get completed on time and within budget, but 14 percent still present problems. The choice of tools appears to be changing to represent the demand for new projects on new platforms—particularly the Internet. CASE tools are used sparingly, and Java is beginning to replace C++ in many projects. Database management systems are critical to almost all projects.

Best Practices And Web Practices: Comparing Corporate Supplier Diversity Programs With Web-Based Minority Supplier Content, Dale Young

Journal of International Technology and Information Management

The growing use of the Web for business-to-business transactions means corporate Web sites could be used to communicate with diverse suppliers. This study compares the Web-based supplier diversity content on Fortune 500 public sites with the content of off-line minority supplier programs. Web sites are underused for communicating with diverse suppliers, as the content appears on only 12.5% of the sites. They emphasize information publishing because the most common Web-based supplier diversity items are contact information, such as a title and name, and third-party certification. Web-based supplier diversity content, however, is very similar to off-line diversity program content.

Impacts Of B2c E-Commerce On Hospital Productivity: An Empirical Study, Shin-Yuan Hung, Hsin-Min Hung, Mu-Yi Huang

Journal of International Technology and Information Management

This work conducted a comprehensive study of Business-to-Consumer Electronic Commerce (B2C e-Commerce) applications in Taiwanese hospitals. To further assess the impacts of B2C e-Commerce on hospital productivity, this study also employed three quantitative methods to analyze historical data. The results confirm those of broader research into applications of B2C e-Commerce to hospitals. Additionally, the results of the quantitative analysis demonstrate that B2C e-Commerce significantly impacts the hospital productivity.

Features Of Born-Global Processing Plants Under The Global Economy, Helen G. Zhao, Vistor H.Y. Lo, Domenic Sculli

Journal of International Technology and Information Management

A Born-Global Processing Plant (BGPP) is the formation of a new manufacturing plant specifically for the world-wide outsourcing industry and is a unique product of the global economy. The concept of a Born-Global entity has been mainly associated with high-tech industries and high-tech products. In this paper we extend the term BGPP to cover the concept of Born-Global to mature/low-tech and labor intensive processing plants that produce many of the traditional manufactured products. Such processing plants form the backbone of Southern China’s economic development. The conventional view regards a BGPP as playing a minor role in a traditional multinational enterprise …

A Model Regime Of Privacy Protection (Version 2.0), Daniel J. Solove, Chris Jay Hoofnagle

GW Law Faculty Publications & Other Works

This version incorporates and responds to the many comments that we received to Version 1.1, which we released on March 10, 2005.

Privacy protection in the United States has often been criticized, but critics have too infrequently suggested specific proposals for reform. Recently, there has been significant legislative interest at both the federal and state levels in addressing the privacy of personal information. This was sparked when ChoicePoint, one of the largest data brokers in the United States with records on almost every adult American citizen, sold data on about 145,000 people to fraudulent businesses set up by identity thieves. …

Spectacle Of Self In Medieval Romance: Pagentry, Performance, And Clothing, Crady Yerger Bobo

Honors Theses

My thesis focuses on young knights finding their identity. I concentrate on six works, The Story of the Grail, Havelok the Dane, Sir Gareth of Orkeney, Guigemar, Sir Launfal, and Sir Gawain and the Green Knight, and how the various romancers define identity thematically. This occurs in three dififerent ways: with Perceval it is through education, Havelok and Gareth start out as kitchen boys, prove their inherent identity, and are thus self-inventing knights, and for Guigemar, Launfal, and Perceval it is about having their sexuality challenged. I also try in each chapter to give some historical background on the reason …

Baseball In The Big Easy: An Analysis Of Professional Baseball In New Orleans, Louisiana, Christopher Emile Kieffer

Honors Theses

This paper is an analysis of the relationship between a community and a cultural activity. In this particular case it is about the relationship between New Orleans, Louisiana and its professional baseball teams, the minor league New Orleans Pelicans and New Orleans Zephyrs. The work examines how one can see the changes in the city during the twentieth century by examining the changes that surrounded its baseball teams. It shows that through the lens of baseball, one can examine the evolution of a community. The heart of the thesis is 17 first-hand interview accounts with several former players, fans and …

The Relationship Between Religion/Spirituality And Healing As Demonstrated By Falun Gong And Christian Science, Maribeth Porter

Honors Theses

This paper provides an objective overview of the tradition and religion of Falun Gong and Christian Science in order to better evaluate their respective methods of healing. Each religion, as well as its primary texts, was thoroughly researched to provide the reader with information regarding the basic doctrines practitioners, foundation, healing methods, and opponents. Based on the research, it appears that religion can be beneficial to a practitioner s health as ion i-iu.i as conventional health care is not ignored on the premise that toe rei i alone can heal it seems as though current health care couia benefit rrom …

The Impact Of The Sarbanes-Oxley Act Of 2002 On The Auditing Profession, Samantha Marie Rayburn

Honors Theses

The Sarbanes-Oxley Act of 2002 was passed in order to restore investor confidence to the market after a series of accounting fiascos. Congress included in this act legislation creating the Public Company Accounting Oversight Board to monitor audits conducted on publicly traded companies and made many provisions concerning auditor independence. However, the most controversial part of the legislation was Section 404 which requires an audit of internal controls. The intent of this study was to determine how Sarbanes-Oxley will impact the auditing profession. This was determined through an intense review of the most current articles available on the subject. It …

Glowing In The Dark: How America's First Transgenic Animal Escaped Regulation, Rebecca Bratspies

Minnesota Journal of Law, Science & Technology

No abstract provided.

Frontiers Of Medical Technology: Reflections On The Intersection Of Innovation And The Health Care System, Susan B. Foote

Minnesota Journal of Law, Science & Technology

No abstract provided.

Disclosing Risks Of New Technologies: Ethical Challenges For Physicians, Patients, And Companies, Dianne Bartels

Minnesota Journal of Law, Science & Technology

No abstract provided.

Hooray For Gibberish! A Glossary Of Bankrupcty Slang For The Occasional Practitioner Or Bewildered Judge, Richard I. Aaron

DePaul Business & Commercial Law Journal

No abstract provided.