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2005

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Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green Jan 2005

Legal Revolutions: Six Mistakes About Discontinuity In The Legal Order, Michael S. Green

Faculty Publications

A legal revolution occurs when chains of legal dependence rupture-causing one legal system to be replaced by a different and incommensurable legal system. For example, before the French Revolution chains of legal dependence ultimately led to Louis XVI, but after this legal revolution they led to the National Assembly (or the people of France it represented). The very possibility of legal revolutions depends upon laws being structured into legal systems in this fashion. And yet, despite substantial academic interest in legal revolutions, there has been a reluctance to examine the structure that makes them possible. The goal of this Article …

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The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins Jan 2005

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Faculty Publications

No abstract provided.

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Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten Jan 2005

Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten

Faculty Publications

No abstract provided.

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Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli Jan 2005

Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli

Faculty Publications

Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …

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The Effects Of Computerized Smell Of Memory, Brandon Spencer Jan 2005

The Effects Of Computerized Smell Of Memory, Brandon Spencer

CCAC Theses and Dissertations

It has long been recognized that there is a major correlation between smell and memory. Until recently, commercialized multi-sensory experiences involving olfaction were limited to non-computerized mediums. Companies that manufacture computerized scent technologies tout the educational benefits of their product, yet prior to this study, there appeared to be no scholarly research in regard to the efficacy of computerized scent producing peripherals in educational environments. The aim of this research was to determine the odor memory enhancement benefits of incorporating olfactory, computerized peripherals into computerized multimedia-learning environments, from both a context dependent and context independent stand point. Specifically, within a …

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The Unfulfilled Promise Of The Constitution In Executive Hands, Cornelia T. Pillard Jan 2005

The Unfulfilled Promise Of The Constitution In Executive Hands, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

Many leading constitutional scholars now argue for greater reliance on the political branches to supplement or even supplant judicial enforcement of the Constitution. Responding to our national preoccupation with the judiciary as the mechanism of constitutional enforcement, these scholars stress that the executive and legislature, too, bear responsibility to think about the Constitution for themselves and to take steps to fulfill the Constitution's promise. Joining a debate that goes back at least as far as Marbury v. Madison, current scholars seek to reawaken the political branches to their constitutional potential, and urge the Supreme Court to leave the other branches …

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Neutralizing Grutter, Girardeau A. Spann Jan 2005

Neutralizing Grutter, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Part I of this article argues that the Supreme Court lacks the institutional competence to formulate racial policy for the nation, and highlights the tension that exists between the Court's abstract preference for race neutrality and the concrete reality of contemporary race relations, in which dedicated efforts to promote racial balance offer the only meaningful hope of eliminating systemic discrimination. Part II discusses moderate strategies that can be used to deflect the impact of Grutter’s prohibition on racial balance, suggesting that racial balancing can be restructured in ways that the Supreme Court may view as constitutional. Part III discusses …

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Common-Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kathryn Zeiler, Kimberly D. Krawiec Jan 2005

Common-Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kathryn Zeiler, Kimberly D. Krawiec

Georgetown Law Faculty Publications and Other Works

This Article represents the first attempt to study empirically the factors that cause courts to impose disclosure duties on bargaining parties in some circumstances, but not in others. We analyze data coded from 466 decisions spanning a wide array of jurisdictions and covering over two hundred years. The results are mixed. In some instances our data support the conventional wisdom relating to common-law disclosure duties. For example, we find that courts are more likely to require the disclosure of latent, as opposed to patent, defects and are more likely to require disclosure when the parties are in a fiduciary or …

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Applying Cost-Benefit To Past Decisions: Was Environmental Protection Ever A Good Idea?, Lisa Heinzerling, Frank Ackerman, Rachel Massey Jan 2005

Applying Cost-Benefit To Past Decisions: Was Environmental Protection Ever A Good Idea?, Lisa Heinzerling, Frank Ackerman, Rachel Massey

Georgetown Law Faculty Publications and Other Works

In this Article, however, we do not mount a critique from outside the technique of cost-benefit analysis. Instead, we examine an argument that proponents of cost-benefit analysis have offered as a linchpin of the case for cost-benefit: that this technique is neither anti- nor pro-regulatory, but rather a neutral tool for evaluating public policy. In making this argument, these proponents have often invoked the use of cost-benefit analysis to support previous regulatory decisions (their favorite example involves the phase down of lead in gasoline, which we shall shortly discuss) as a sign that this technique can be used to support …

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Converged Vs. Dedicated Ipsec Encryption Testing In Gigabit Ethernet Networks, Luther Troell, Jason Burns, Kurt Chapman, Dave Goddard, Matt Soderlund, Chris Ward Jan 2005

Converged Vs. Dedicated Ipsec Encryption Testing In Gigabit Ethernet Networks, Luther Troell, Jason Burns, Kurt Chapman, Dave Goddard, Matt Soderlund, Chris Ward

Articles

In January, 2005, Safenet, Inc. contacted the networking group to investigate the possibility of using our students for the purpose of comparing the performance of dedicated encryption device to an integrated encrypting device. The tests would also include a performance comparison between Data Link Layer (Layer 2) devices and Network Layer (Layer 3) devices. It was decided that the tests would consist of throughput, frame loss, and network latency. Two network topologies were used for the experiments: gigabit Ethernet and SONET OC-48. The equipment to be tested was Safenet’s High Assurance 4000 Gateway (HA4000) for the gigabit Ethernet topology and …

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Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong Jan 2005

Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong

Faculty Publications

No abstract provided.

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Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks Jan 2005

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.

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Historical Quirks, Political Opportunism, And The Anti-Loan Provision Of The Sarbanes-Oxley Act, Jayne W. Barnard Jan 2005

Historical Quirks, Political Opportunism, And The Anti-Loan Provision Of The Sarbanes-Oxley Act, Jayne W. Barnard

Faculty Publications

No abstract provided.

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Merit Vs. Ideology, Michael J. Gerhardt Jan 2005

Merit Vs. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard Jan 2005

Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard

Faculty Publications

No abstract provided.

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The Capital Gains "Sieve" And The "Farce" Of Progressivity 1921-1986, John W. Lee Jan 2005

The Capital Gains "Sieve" And The "Farce" Of Progressivity 1921-1986, John W. Lee

Faculty Publications

No abstract provided.

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Fame And The Making Of Marriage In Northwest England, 1560-1640, Jennifer Mcnabb Jan 2005

Fame And The Making Of Marriage In Northwest England, 1560-1640, Jennifer Mcnabb

Quidditas

Because England did not enact a comprehensive reform of its medieval marital law until Lord Hardwicke’s Act in 1753, it was possible to construct a binding marriage outside the authority of the Church of England during the Tudor and Stuart periods. Marriages created by the exchange of present-tense consent, even if they failed to follow the church’s suggested rules concerning time and place, its emphasis on clerical presence, and its stress on publicity (through three readings of the banns or the procurement of a marriage license), were considered spiritually legitimate throughout the eight decades prior to the civil wars. An …

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Tenth-Century Drama In The Twenty-First Century A Staging Of Three Plays By Hrotsvit Of Gandersheim At Stetson University (2005), Julia Schmitt Jan 2005

Tenth-Century Drama In The Twenty-First Century A Staging Of Three Plays By Hrotsvit Of Gandersheim At Stetson University (2005), Julia Schmitt

Quidditas

During the fall semester of 2005, the Department of Communication Studies and Theatre Arts at Stetson University undertook a unique, but highly rewarding production challenge. Professor Ken McCoy and I were asked by The English Department of Stetson University to stage a medieval play in conjunction with the Southeast Medieval Association Conference to be held at Stetson during the month of September. The English Department was eager to offer conference attendees an opportunity to experience a live production of a medieval play.

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Tax Reform In Russia: Encouraging Voluntary Compliance Through Persuasion, Camille Jackson Jan 2005

Tax Reform In Russia: Encouraging Voluntary Compliance Through Persuasion, Camille Jackson

Sigma: Journal of Political and International Studies

No abstract provided.

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Differences In Levels Of Voter Turnout Among The Mexican States, David R. Hansen, Errol L. King, Samuel H. Peterson Jan 2005

Differences In Levels Of Voter Turnout Among The Mexican States, David R. Hansen, Errol L. King, Samuel H. Peterson

Sigma: Journal of Political and International Studies

No abstract provided.

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The Rise Of The Spanish Silver Real, Rachel Piccolo Moisés Jan 2005

The Rise Of The Spanish Silver Real, Rachel Piccolo Moisés

Sigma: Journal of Political and International Studies

No abstract provided.

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Theories Of Presidential Decision Making: Wilson, Roosevelt, And The Soviet Union, Jeremy Lloyd Jan 2005

Theories Of Presidential Decision Making: Wilson, Roosevelt, And The Soviet Union, Jeremy Lloyd

Sigma: Journal of Political and International Studies

No abstract provided.

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Front Matter, Sigma: Journal Of Political And International Studies Jan 2005

Front Matter, Sigma: Journal Of Political And International Studies

Sigma: Journal of Political and International Studies

No abstract provided.

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Reality Through Reflection, Marilyn N. Nielson Jan 2005

Reality Through Reflection, Marilyn N. Nielson

BYU Studies

No abstract provided.

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Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram Jan 2005

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Publications

Abstract: Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if …

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Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux Jan 2005

Fighting To Keep Employment Discrimination Class Actions Alive: How Allison V. Citgo's Predomination Requirement Threatens To Undermine Title Vii Enforcement, Suzette M. Malveaux

Publications

The Civil Rights Act of 1991, which provides compensatory and punitive damages and attendant jury trials in cases alleging intentional discrimination, was designed to enhance enforcement and expand remedies. Its enactment, however, has triggered a schism among the circuit courts over what the proper standard is for determining whether monetary damages or injunctive relief predominates, a necessary inquiry for determining whether plaintiffs are entitled to class certification for Title VII claims under Rule 23(b)(2) of the Federal Rules of Civil Procedure. Led by the Fifth Circuit, some federal appeals courts contend that monetary relief predominates unless it is “incidental,” and …

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Global Stability Of Periodic Orbits Of Non-Autonomous Difference Equations And Population Biology, Saber Elaydi, Robert J. Sacker Jan 2005

Global Stability Of Periodic Orbits Of Non-Autonomous Difference Equations And Population Biology, Saber Elaydi, Robert J. Sacker

Mathematics Faculty Research

Elaydi and Yakubu showed that a globally asymptotically stable(GAS) periodic orbit in an autonomous difference equation must in fact be a fixed point whenever the phase space is connected. In this paper we extend this result to periodic nonautonomous difference equations via the concept of skew-product dynamical systems. We show that for a k-periodic difference equation, if a periodic orbit of period r is GAS, then r must be a divisor of k. In particular sub-harmonic, or long periodic, oscillations cannot occur. Moreover, if r divides k we construct a non-autonomous dynamical system having minimum period k and …

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The Asymptotic Optimal Partition And Extensions Of The Nonsubstitution Theorem, Julio R. Hasfura-Buenaga, Allen G. Holder, Jeffrey Stuart Jan 2005

The Asymptotic Optimal Partition And Extensions Of The Nonsubstitution Theorem, Julio R. Hasfura-Buenaga, Allen G. Holder, Jeffrey Stuart

Mathematics Faculty Research

The data describing an asymptotic linear program rely on a single parameter, usually referred to as time, and unlike parametric linear programming, asymptotic linear programming is concerned with the steady state behavior as time increases to infinity. The fundamental result of this work shows that the optimal partition for an asymptotic linear program attains a steady state for a large class of functions. Consequently, this allows us to define an asymptotic center solution. We show that this solution inherits the analytic properties of the functions used to describe the feasible region. Moreover, our results allow significant extensions of an economics …

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Front Matter, Farms Review Jan 2005

Front Matter, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

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Editor's Note, Joseph M. Miller Jan 2005

Editor's Note, Joseph M. Miller

Brigham Young University Prelaw Review

No abstract provided.

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