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Recognition Of Cross-Border Insolvency Proceedings: An Evaluation Of Solvent Schemes Of Arrangement And Part Vii Transfers Under U.S. Chapter 15, Jennifer D. Morton

Fordham International Law Journal

This Note analyzes whether solvent schemes of arrangement and Part VII transfers should be recognized under Chapter 15. Although this issue primarily concerns U.K. insurance companies, the discussion of Chapter 15 is useful outside the context of insurers. Part I of this Note outlines the requirements for recognition of a scheme of arrangement under § 425 of the Companies Act 1985 and for Part VII transfers under the FSMA, and their prior treatment under 11 U.S.C. § 304. Part II evaluates the statutory criteria under Chapter 15, highlighting differences between Chapter 15 and former § 304, and asserts that solvent …

Anisotropic Diffusion Of N-Butane And N-Decane On A Stepped Surface, Shrijay Subramaniyan, Jee-Ching Wang

Chemical and Biochemical Engineering Faculty Research & Creative Works

The diffusion of single n-butane and n-decane molecules on a model stepped surface, Pt(655), and on a corresponding flat surface, Pt(111), is investigated using molecular-dynamics simulations and anisotropic united atom model. The surface step on Pt(655) causes the alkane molecules to adsorb on the lower terrace in all-trans conformations with their long molecular axes adjacent and parallel to the step edge, and to diffuse anisotropically along the surface step via a constant wiggly motion without rotation or marked deviation from the parallel adsorption configuration. At relatively high temperatures, the alkane molecules can temporarily break away from the step edge but …

Measurement And Prediction Of Pressure Drop In Pneumatic Conveying: Effect Of Particle Characteristics, Mass Loading, And Reynolds Number, Kimberly H. Henthorn, Kinam Park, Jennifer S. Curtis

Chemical and Biochemical Engineering Faculty Research & Creative Works

This paper reports the effect of Reynolds number, mass loading, and particle shape and size on pressure drop in a vertical gas-solids pneumatic conveying line. We isolate the effect of one variable while holding all others constant. A commonly used pressure drop correlation and a state-of-the-art multiphase computational fluid dynamics (CFD) models are then assessed by comparing their predictions to experimental data. Deficiencies in the models and the correlation are identified, and possible modifications are proposed. The most notable deficiency is the inability of both the experimental correlation and the CFD model to accurately predict the pressure drop for gas-solids …

Deuterium Nmr Studies Of Segmental Dynamics Of Anopore-Adsorbed Poly(Methyl Acrylate), Macduff O. Okuom, Frank D. Blum

Chemistry Faculty Research & Creative Works

Studies of segmental dynamics of polymers at interfaces provide a basis for understanding the properties of composite materials. Interfacial phenomena in multi-phase systems need to be understood as devices made from multi-phase polymeric systems become smaller. Various techniques have been used to investigate interfacial polymers at the air-polymer-solid interface; for example, ellipsometry,1 X-ray,2 and neutron reflectometry.3 These techniques typically characterize the structure (often the thickness) of the polymer layer and are normally used to determine the glass-transition temperature (Tg) through a break in the thicknesstemperature curve. There have been a few reports where the dynamics of polymers at the surface-air …

Negative Reinforcement And Backtrack-Points For Recurrent Neural Networks For Cost-Based Abduction, Donald C. Wunsch, Ashraf M. Abdelbar, M. A. El-Hemaly, Emad A. M. Andrews

Electrical and Computer Engineering Faculty Research & Creative Works

Abduction is the process of proceeding from data describing a set of observations or events, to a set of hypotheses which best explains or accounts for the data. Cost-based abduction (CKA) is an AI formalism in which evidence to be explained is treated as a goal to be proven, proofs have costs based on how much needs to be assumed to complete the proof, and the set of assumptions needed to complete the least-cost proof are taken as the best explanation for the given evidence. In this paper, we introduce two techniques for improving the performance of high order recurrent …

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Faculty Publications

No abstract provided.

Wetting Kinetics Of Films Containing Non-Adsorbing Polymers, S. Saritha, Xianzhong Zhang, Partho Neogi

Chemical and Biochemical Engineering Faculty Research & Creative Works

Kinetics of wetting by a polymer solution have been studied theoretically for a film pinned to a slot. The fluid mechanical equations have been solved using a numerical scheme. The role of polymers appears in the disjoining pressure in the model. The spreading kinetics are observed to follow a power law: a power of (1/4) is observed at short times due to the Laplace pressure, and (1/2) at large times under the Hamaker part of the disjoining pressure at very large times and with no equilibration. It is argued and demonstrated that techniques which have low resolutions such as microscopy …

Job Satisfaction Characteristics Of Full -Time Faculty Members At Montana Tribal Colleges, Mary Herak Sand

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Narrative Inquiry Of Non -Profit Organization Turnaround: Leadership Through Operant Focus, Rory A. Weishaar

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Value As A Measure Of Tourism Performance In The Era Of Globalization: Conceptual Considerations And Empirical Findings, Robertico Croes

Faculty Scholarship and Creative Works

In general, both the World Tourism Organization (WTO) and the World Travel and Tourism Council (WTTC) consider the trends of tourist arrivals and receipts as indicators in comparing the performance of destinations and regions. These considerations are based on the annual average percentage change in arrivals and receipts and a comparison that is made across time. This methodology is incomplete, however, particularly in light of the new exigencies of globalization. The study proposes an alternative approach based on the concept of value. Value is founded on the premises of microeconomics, and it provides more reliable and effective information to improve …

Clif Merritt And Wilderness Wildlife : Learning How To Live In Paradise, Robert N. Baker

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Improving Agricultural Productivity In Thailand, James M. Biondich

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Book Review Of Jean Stefancic & Richard Delgado, How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (2005), Milton C. Regan

Georgetown Law Faculty Publications and Other Works

"How Lawyers Lose Their Way" claims that lawyers' unease stems from a distinctive source: their excessive use of and exposure to "formalism" in their work. I think that they are on to something, but the analysis in this book is too underdeveloped to provide much insight into what it is. The authors' use of the term "formalism" risks being so inclusive that it loses explanatory power. In addition, their claim that overreliance on formalism is the chief culprit in lawyers' unhappiness is vulnerable to the charge that lawyers arc suffering the effect of trends in the workplace affecting a wide …

Obesity And The Struggle Within Ourselves, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

The author argues that we ought to treat our eating, exercise habits, and girth as personal matters, for the most part, but that law can and should make a contribution, as an ally of our longer-term will against our immediate cravings. Law can be our ally in this fashion without command-and-control intrusion into our private lives. Such intrusion is at odds with our core beliefs and unlikely to produce public health success. It is more likely to provoke popular backlash--one reason why some who stand to gain from our unhealthy dining choices try to cast government efforts to inform these …

Foreword: What's So Wicked About Lochner?, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this brief Foreword to a forthcoming symposium on Lochner v. New York, Professor Randy Barnett asks the question, What's So Wicked About Lochner? Modern Progressives cannot complain about its protection of so-called substantive due process, since they favor just that. Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether. This leaves only today's judicial conservatives to adhere to a purified Roosevelt New Deal jurisprudence of disdain for Lochner.

The author answers that Lochner is objectionable precisely because its reliance on the Due …

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Bill Klein extends an idealistic and progressive invitation with the Criteria for Good Laws of Business Association (the Criteria). The structure of our debates, he says, prevents us from joining the issue. The discourse will move forward if we can isolate core components on which we agree and disagree. The invitation, thus directed, is well-constructed. To facilitate engagement, each criterion is set out as pari passu with each other. And there is a good reason for the inclusion of each listed criterion. Each has an established place in public and private law jurisprudence. Each has influenced results, coming forth as …

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 …

The Politics Of The Geneva Conventions: Avoiding Formalist Traps, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

The Geneva Conventions were drafted in 1949, in another world. The world of the Geneva Conventions' "framers" is still familiar to all of us, though increasingly it is familiar from movies and books rather from the evening news or, still less, our own lived experience. The world in which the Conventions were drafted was a world of states: powerful states, weak states, predatory states, law-abiding states, but states all the same. Soldiers wore uniforms designed by their states, carried weapons issued by their states, obeyed orders given by their commanders, and fought against the armies of other states.

Well--most of …

Turning From Damage Caps To Information Disclosure: An Alternative To Tort Reform, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Medical malpractice damage caps are among the most popular instruments of tort reform at the state level. The Bush administration proposed a federal damage cap on non-economic damages to quell the rise of medical malpractice insurance premiums despite the paucity of empirical evidence demonstrating that damage caps actually decrease premiums. This case study argues that imposing statutory caps on medical malpractice damages is not an effective method of remedying the medical malpractice insurance crisis: therefore, policymakers should consider alternatives to damage caps. In particular, evidence suggests that implementing mandatory disclosure of the contract terms between managed care organizations and physicians …

Why Print And Electronic Resources Are Essential To The Academic Law Library, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Libraries have supported multiple formats for decades, from paper and microforms to audiovisual tapes and CDs. However, the newest medium, digital transmission, has presented a wider scope of challenges and caused library patrons to question the established and recognized multiformat library. Within the many questions posed, two distinct ones echo repeatedly. The first doubts the need to sustain print in an increasingly digital world, and the second warns of the dangers of relying on a still-developing technology. This article examines both of these positions and concludes that abandoning either format would translate into a failure of service to patrons, both …

A Measure Of Robustness Against Multiple Kinds Of Perturbations, Shoukat Ali, Behdis Eslamnour

Electrical and Computer Engineering Faculty Research & Creative Works

Parallel and distributed heterogeneous computing systems may operate in an environment that undergoes unpredictable changes causing certain system performance features to degrade. Such systems need robustness to guarantee limited degradation despite fluctuations in the behavior of its component parts or environment. Our previous work in this area presented a method for generating a measure of robustness for a given system. However, the focus of that approach was on a scenario where all perturbations were of the same kind, e.g., all perturbations were in message sizes or computation times, but not both message sizes and computation times. This paper gives an …

Constitutionalization, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Students of constitutional law tend to suspect pretty early on that the Constitution simply means whatever the Supreme Court says that it means. Rather than fight that intuition, I think it is best to treat the student insight as one of the basic starting assumptions when teaching a course in Constitutional Law. The goal then becomes to help students figure out how best to maneuver and feel comfortable in a legal universe where the Constitution has only contingent meaning.

What the Supreme Court does when it clothes its political policy preferences in the garb of constitutional law can be described …

The Future Of Copyright, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig (2004).

Sometimes technological change is so profound that it rocks the foundations of an entire body of law. Peer-to-peer (P2P) filesharing systems--Napster, Gnutella, KaZaA, Grokster, and Freenet3--are mere symptoms of a set of technological innovations that have set in motion an ongoing process of fundamental changes in the nature of copyright law. The video tape recorder begat the Sony substantial noninfringing use defense. The digital cassette recorder begat the Audio Home Recording Act. The internet begat the Digital …

Love, Change, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

This is morality: to include all as human and entitled to the deepest love and care. This is the distillation of everything the author fights for as a feminist, a critical race theorist, and a peace activist. Since we are at war, having sent to date 1,500 U.S. soldiers off to die, speaking against war and for peace is a current imperative. Then comes this invitation to speak as a critical race theorist on the subject of same-sex marriage.

Without marriage you can do everything that counts in marriage except that which requires the imprint of the state. What you …

Tangled Up In Khaki And Blue: Lethal And Non-Lethal Weapons In Recent Confrontations, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Too often, military and law enforcement authorities have found themselves constrained by inadequate weaponry: the tools available to them, in addressing confrontations with entrenched opponents of various sorts, are either too weak (not sufficing to disarm or defeat the enemy) or too strong (generating unacceptable "collateral damage" in harming innocent people or property). An emerging category of "non-lethal weapons" carries promise for resolving this dilemma, proffering deft new capabilities for disabling, dissuading, or defeating opponents without inflicting death or permanent injury.

Some primitive non-lethal weapons (such as truncheons, tear gas, and water cannon) have long been staples in the inventories …

Property And Environment: Thoughts On An Evolving Relationship, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Private property is a necessary but insufficient tool for environmental regulation. Why is it necessary? There are several reasons. First, it settles who controls a resource, making rational management possible. While this may sound trivial, countries with weak or fragmented systems of ownership--or where enforcement of law is tainted by corruption--find it impossible even to begin to preserve resources or prevent pollution. This is especially the case when different individuals make conflicting claims to the same plot of land.

Second, private property owners have the incentive to preserve the capital value of their land. They can reap where they (or …

Introduction: Global Challenges And The Role Of International Law, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

It is hard to imagine a more important or timely topic than the one chosen by the Georgetown Journal of International Law for this symposium: "The United States and International Law: Confronting Global Challenges." Whether one focuses on critical national security issues, international trade, protecting human rights, or helping to rebuild war-torn societies, decisions made by U.S. officials take place in a global context. In this context, international law affirms basic rules and standards, which can help to protect U.S. interests and values, and international institutions frequently play a significant role in coordinating the support and resources of many states …

Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The essay is divided into three parts. Part I considers the ways in which the need for environmental law derives from the tendency of human nature to cause adverse environmental consequences and the ways in which the laws of nature make it more difficult to prevent those consequences absent the imposition of external legal rules. Part II describes how our nation's lawmaking institutions are similarly challenged by the laws of nature. This includes a discussion of how the kinds of laws necessary to bridge the gap between human nature and the laws of nature are systematically difficult for our lawmaking …

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

Georgetown Law Faculty Publications and Other Works

This Article is an attempt to think critically about the pop cultural life of law, to investigate the legal and ideological messages that cultural images of law bear, and to explore how, why and to what extent television and film differ in their portrayals of law. While many legal scholars have addressed the legal content of popular culture in recent years, few have explored the field expansively or interrogated the significant differences in the images of law and legal institutions produced in the different popular media. Some scholars have traced one legal theme through popular culture generally, others have focused …

Anticompetitive Overbuying By Power Buyers, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Two types of single-firm overbuying are analyzed in this article. Predatory overbuying consists of overbuying inputs as a predatory strategy to cause buyer-side competitors in the input market to exit from the market or permanently shrink their capacity in order to gain monopsony power in the input market. Raising Rivals' Costs (RRC) overbuying consists of overbuying inputs as an exclusionary strategy to raise rivals' input costs and thereby gain market power in the output market. In most cases, the additional input purchases are used to produce output. However, in unusual cases a firm may engage in naked overbuying, that is, …