Digital Commons Network^™

Disorder In The Court: The Use Of Psychiatric Testimony In The Prediction Of Dangerousness, Matthew Lafond

Dalhousie Journal of Legal Studies

Preventive detention measures in Canada were implemented in order to protect us from the most dangerous individuals in society. The Dangerous Offender provisions permit the state to imprison an offender indefinitely. In order to justify such drastic action, psychiatric assessments are conducted in an attempt to determine who, among the “worst” offenders, would be most likely to commit a dangerous offence in the future. This paper will review the dangerous offender system in Canada, and in that context, critically reconsider the ability of mental health professionals to predict the risk of future dangerousness. Despite widespread disagreement concerning evaluation methods and …

Gaps, Issues, And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell B. Bautista

Dalhousie Journal of Legal Studies

The protection and preservation of underwater cultural heritage is becoming an increasingly important issue as technologies develop which allow for its exploitation. The UNESCO Convention on the Protection of Underwater Cultural Heritage (“UCH Convention”) is an important step in the international regulation of this resource. This paper examines the theoretical and historical antecedents of the UCH Convention, and outlines the Convention’s most significant provisions. Specifically, this paper examines how the UCH Convention protects underwater cultural heritage in six areas: internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the Area. This paper then …

Newfound Religion: Term 17(3) Of The Newfoundland Act And Its Challenge To The Current Discourse On Freedom Of Religion In The Public Sphere, Mark Heerema

Dalhousie Journal of Legal Studies

Underlying the dominant legal and theoretical approaches to the freedom of religion in the public sphere is a discourse which assumes that religion is a contestable or mutable aspect of public life. As a result of this assumption, our current approach holds that the role of religion may be altered according to the perceived benefits and burdens of its presence. The resulting consensus predominately prefers the absence of religion in the public space where government regulation exists. By amending its constitutional terms of union with Canada to permit religious observances in their public school system, Newfoundland and Labrador has protected …

Bringing Meaning To First Nations Consultation In British Columbia Salmon Aquaculture Industry, Mark Rappaport

Dalhousie Journal of Legal Studies

One aspect of the legal relationship between the Crown and Aboriginal peoples is the duty to consult. This duty is part of the overall fiduciary duty that the Crown owes towards Aboriginal people. The recent Supreme Court of Canada decision of Haida v. British Columbia brings the duty to consult info focus specifically in the context of salmon aquaculture in British Columbia. Difficulties arise with regards to the precise content of the duty to consult: is it merely procedural in nature, or do First Nations have a substantive right to consultation? The extent of consultation and accommodation will be determined …

Investigating Alternatives To Rights: The Hungarian Constitutional Court And The Protection Of A Minimum Level Of Assistance, Graham Reynolds

Dalhousie Journal of Legal Studies

In recent years, in the attempt to achieve “fiscal responsibility”, governments have decreased social assistance rates, reduced program eligibility, and terminated social services. As a result, more and more individuals have slipped into poverty. In order to prevent governments from cutting these services to below subsistence levels, this paper proposes that Canada take steps to achieve constitutional protection of a minimum level of assistance. The concept of a constitutionally protected minimum level of assistance has been considered. Most recently, advocates focused their efforts on achieving constitutional protection through the language of rights. However, both through the legislature and the judiciary, …

The Mirror Has Many Faces: Recognizing Gender Identity In Canadian Anti-Discrimination Law, Frank Durnford

Dalhousie Journal of Legal Studies

Owing to our failure to acknowledge the complexity and diversity of gender identity, gender and gender politics are contentious subjects in Canadian anti-discrimination law. On the one hand, Queer theorists continue to challenge the rigidity of the male/female binary, while on the other hand, Canadian law insists that identity is invariably determined by one’s biological sex. The result is a power struggle, pitting those who fit neatly into rigid male/female categories against the marginalized Other—the transgendered community. Transgendered persons have encountered many barriers in their search for equality in the law, partly owing to a lack of a proper legal …

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 …

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 …

A Civic-Republican Vision Of "Domestic Dependent Nations" In The Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, And Re-Empowered, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

As a cure for what ails democracy in a pluralistic modem society, such as ours, Michael Sandel recommends "dispersing" sovereignty to a "multiplicity of [civic republican] communities--some more, some less extensive than nations." He intimates that doing this "may entail according greater cultural and political autonomy to subnational communities," which, in turn might "ease the strife that arises when state sovereignty is an all-or-nothing affair, absolute and indivisible, the only meaningful form of self-determination." He sees in federalism not just a "theory of intergovernmental relations," but a "political vision" that "self-government works best when sovereignty is dispersed and citizenship formed …

Altmann V. Austria And The Retroactivity Of The Foreign Sovereign Immunities Act, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In Republic of Austria v. Altmann, the U.S. Supreme Court decided that the Foreign Sovereign Immunities Act of 1976 (FSIA) generally applies to claims based on events that occurred before the Statute's enactment. To decide the retroactivity question, the Court had occasion to consider the essential nature of foreign sovereign immunity: is it merely a procedural immunity providing foreign states with present protection from the inconvenience and indignity of a lawsuit, or is it something more than that? The Court's examination of this question was brief and unsatisfying. Its analysis would have been enriched by a recognition that foreign …

Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban

Georgetown Law Faculty Publications and Other Works

Some crimes are so odious that committing them makes one hostis generis humani (an enemy of all mankind). Intuitively, the idea of a universal enemy implies the possibility of universal criminal jurisdiction (UCJ). As Luc Reydams notes, the notion of UCJ originated in the 16th century with Covarruvias, although the idea is better known through Grotius's famous assertion that every state has jurisdiction over "gross violations of the law of nature and of nations, done to other states and subjects" (De Jure Belli ac Pacis, AC Campbell trans., II.20.VII). For many years piracy was the only recognized UCJ crime, not …

Constitutive Commitments And Roosevelt's Second Bill Of Rights: A Dialogue, Randy E. Barnett, Cass R. Sunstein

Georgetown Law Faculty Publications and Other Works

What made the Second Bill of Rights possible? Part of the answer lies in a simple idea, one pervasive in the American legal culture during Roosevelt's time: No one really opposes government intervention. Markets and wealth depend on government. Without government creating and protecting property rights, property itself cannot exist. Even the people who most loudly denounce government interference depend on it every day. Their own rights do not come from minimizing government but are a product of government. Political scientist Lester Ward vividly captured the point: "[T]hose who denounce state intervention are the ones who most frequently and successfully …

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 …

Comment: Copyright's Public-Private Distinction, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

I would like to focus my remarks on the question of user privacy. In her fascinating paper for this Symposium, Professor Litman expresses a guarded optimism that in its forthcoming decision in MGM v. Grokster, I the Court will retain the staple article of commerce doctrine that it first articulated in Sony. She opines, however, that the user privacy strand of the Sony decision is a lost cause. I don't believe that it's possible to retain the staple article of commerce doctrine while abandoning user privacy. At least in the realm of networked digital technologies, the two concepts are inextricably …

"It 'S The Other Way Around"| Sustainability, Promotion, And The Shaping Of Identity In Nonprofit Arts Organizations, Georgi A. Rausch

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Parallel To Shore, Alexandra Tinari

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Profile Of The Modern Smokejumper| A Tension-Centered Lens On Identity And Identification, Cade Wesley Spaulding

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Range Management| A Collection Of Short Stories, Horatio R. Potter

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The 2003 Boumerdes, Algeria Earthquake: Regional Moment Tensor Analysis, Jochen Braunmiller, Fabrizio Bernardi

School of Geosciences Faculty and Staff Publications

We used regional broadband seismograms to determine seismic moment tensors for the destructive May 21, 2003 Boumerdes (Algeria) M_w = 7.0 earthquake and its larger aftershocks. Fully automatic inversions using near-real time data provided solutions for seven M_w ≥ 4.7 events within 90 minutes after event occurrence. After adding off-line data, we manually obtained 30 solutions (M_w ≥ 3.8) from May 2003 to January 2004. All have shallow source depths (6–21 km). The median P-axis orientation (338°) of 24 thrust and four strike-slip events is consistent with Africa-Eurasia plate motion (330°). The main shock hypocenter at 8–10 …

Modeling Forest Planning Trade-Offs On The Colorado Front Range, Using Magis, An Optimization, Spatial Decision Support Tool, Edward B. Butler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Baseball And Literature| The Center Field Cannot Hold| Examining The Failure Of The American Pastoral In Postwar Baseball Literature, David Thomas Holmberg

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effects Of Transportation And Development On Black Bear Movement, Mortality, And Use Of The Highway 93 Corridor In Nw Montana, Karin R. Mccoy

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Justice Of Administration: Judicial Responses To Executive Claims Of Independent Authority To Interpret The Constitution, Brian Galle

Georgetown Law Faculty Publications and Other Works

There is a growing trend in federal agencies towards explicit consideration of the Constitution, and the principles of justice that it suggests. In controversies ranging from the Justice Department's challenge to the Oregon Death With Dignity Act to IRS regulation of the political activities of non-profits, agencies have come more and more to rely on their own view of what the Constitution requires or implies.

Academic commentary almost universally lauds this move toward interpretive autonomy, if not the specific interpretations that the current administration has offered. Advocates of republicanism and cooperative regulation welcome the opportunities for wider public deliberation on …

Student Preferences For Common Or Unique Assignments: Some Early Evidence, Erwin Waldmann, Janek Ratnatunga, Marshall A. Geiger

Accounting Faculty Publications

Accounting assignments and homework exercises that use identical problem material for all students encourage plagiarism. Giving each individual student a unique assignment alleviates this problem, but raises other issues such as the lack of co-operative learning and grading parity. This paper examines students' attitudes towards both common and unique accounting assignments. The results indicate that a large majority of students preferred the unique assignments and perceived getting a high grade on these assignments as more rewarding and reflective of higher learning than similar grades on common assignments. Attitudinal variables for the validity of grading, perceptions regarding plagiarism, and perceptions of …

Isram: Information Security Risk Analysis Method, Bilge Karabacak, Ibrahim Sogukpinar

All Faculty and Staff Scholarship

Continuously changing nature of technological environment has been enforcing to revise the process of information security risk analysis accordingly. A number of quantitative and qualitative risk analysis methods have been proposed by researchers and vendors. The purpose of these methods is to analyze today's information security risks properly. Some of these methods are supported by a software package. In this study, a survey based quantitative approach is proposed to analyze security risks of information technologies by taking current necessities into consideration. The new method is named as Information Security Risk Analysis Method (ISRAM). Case study has shown that ISRAM yields …

Joseph Bates: Originator Of Seventh-Day Adventist Mission Theory, George R. Knight

Faculty Publications

Joseph Bates was Seventh-day Adventism’s first theologian as well as the denominations first mission theorist. In the late 1840s he developed a chain- of-events approach to history and prophecy centering on the flow of events from Revelation 12:17-14:20. His prophetic chain-of-events logic eventually drove the denomination into worldwide mission as an eschatological imperative.

Mirabile Dictu: The Bryn Mawr College Library Newsletter 9 (2005), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.