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2006

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A 3-Dimensional Evaluation Of Wing Movement In Ground Birds During Flap-Running And Level Flight: An Otogenetic Study, Paolo Stefano Segre Jan 2006

A 3-Dimensional Evaluation Of Wing Movement In Ground Birds During Flap-Running And Level Flight: An Otogenetic Study, Paolo Stefano Segre

Graduate Student Theses, Dissertations, & Professional Papers

Segre, Paolo Stefano, M.S., December 2006 Biology A 3-dimensional evaluation of wing movement in ground birds during flap-running and Level Flight: an ontogenetic study Chair: Dr. Kenneth P. Dial The science of animal flight requires the quantification of wing movement over a range of behaviors. Despite numerous studies of avian locomotion, we are only beginning to grasp the intricacies of flapping flight. Birds create aerodynamic forces by manipulating the fluid environment of air by beating their wings. The question remains, how do they perform such a wide range of locomotor behaviors (e.g. takeoff, horizontal, flap-running) with their forelimbs? We measure …


The Influence Of Glacial Erosion On Landscape Evolution And Basin Morphology In The Bitterroot Mountains Montana, Shawn Naylor Jan 2006

The Influence Of Glacial Erosion On Landscape Evolution And Basin Morphology In The Bitterroot Mountains Montana, Shawn Naylor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Tennessee Archivist 29, No. 1, Society Of Tennessee Archivists Jan 2006

Tennessee Archivist 29, No. 1, Society Of Tennessee Archivists

Tennessee Archivist newsletters

Winter 2006 issue of the Tennessee Archivist, a newsletter produced by the Society of Tennessee Archivists.


Heuristics And Genetic Algorithms, Michael D. Mobley, Cihan H. Dagli, David Enke Jan 2006

Heuristics And Genetic Algorithms, Michael D. Mobley, Cihan H. Dagli, David Enke

Engineering Management and Systems Engineering Faculty Research & Creative Works

Genetic algorithms are design tools used in generating optimal solutions. While they can often be shown to outperform various heuristic methods and hybrid approaches, using a combination of evolutionary algorithms and heuristic approaches can generate an optimal solution more quickly than either of the two methods independently. Our purpose is to provide an overview of genetic algorithms, to discuss the types of problems that lend themselves to being solved by genetic algorithms, and to identify heuristics that have been shown to aid genetic algorithms in their quest for optimal solutions. While the sample problems discussed in this paper are generally …


Unifying Value Methodology And Robust Design To Achieve Design For Six Sigma, Vivek K. Jikar, Elizabeth A. Cudney, Kenneth M. Ragsdell, Chuck T. Hui Jan 2006

Unifying Value Methodology And Robust Design To Achieve Design For Six Sigma, Vivek K. Jikar, Elizabeth A. Cudney, Kenneth M. Ragsdell, Chuck T. Hui

Engineering Management and Systems Engineering Faculty Research & Creative Works

The concept of product or system function is considered as described in the Taguchi System of Quality Engineering. the importance of transfer functions is also discussed, and a review of conventional value analysis techniques is given. This paper proposes a combination of the principles of robust design and value methodology to enable on-target functionality and direct cost allocation early in the product development process. the discussion on integration of value analysis principles in robust design methodology is provided considering the six-sigma environment. Copyright © 2006 SAE International.


How Still The Riddle Lies; Emily Dickinson's Sense Of Naturalness, Jill M. Beauchesne Jan 2006

How Still The Riddle Lies; Emily Dickinson's Sense Of Naturalness, Jill M. Beauchesne

Graduate Student Theses, Dissertations, & Professional Papers

Beauchesne, Jill, M.A., Autumn 2006 Literature Abstract: How Still the Riddle Lies Robert Baker, Chair Louise Economides Phil Condon The tradition of “nature writing” in the United States draws heavily on the literary movements of Romanticism and Transcendentalism. Wordsworth’s meditative walks, Keats’s nightingale, Thoreau’s pond—these concepts have shaped literary beliefs and perceptions of natural landscapes as much as a writer’s individual haunts or favorite creatures. In a contemporary context, a writer steps down a long, wellworn path when he or she attempts to describe a bird taking flight or the way the sunlight feels at a certain time of afternoon. …


Buffalo Hippies, Brooke Gibbs Hewes Jan 2006

Buffalo Hippies, Brooke Gibbs Hewes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Historical Demography Of The Coeur D' Alene 1900-1930, Christina Joy. Heiner Jan 2006

Historical Demography Of The Coeur D' Alene 1900-1930, Christina Joy. Heiner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Exploring Native American Folklore : Little People And Giants, Frederick E. Harris Jan 2006

Exploring Native American Folklore : Little People And Giants, Frederick E. Harris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


A Response To Goodwin Liu, Robin West Jan 2006

A Response To Goodwin Liu, Robin West

Georgetown Law Faculty Publications and Other Works

Professor Liu's article convincingly shows that the Fourteenth Amendment can be read, and has been read in the past, to confer a positive right on all citizens to a high-quality public education and to place a correlative duty on the legislative branches of both state and federal government to provide for that education. Specifically, the United States Congress has an obligation under the Fourteenth Amendment's Citizenship Clause, Liu argues, to ensure that the public education provided by states meets minimal standards so that citizens possess the competencies requisite to meaningful participation in civic life. Liu's argument is not simply that …


A Closed-Form Expression For Estimating Radiated Emissions From The Power Planes In A Populated Printed Circuit Board, Todd H. Hubing, Hwan-Woo Shim Jan 2006

A Closed-Form Expression For Estimating Radiated Emissions From The Power Planes In A Populated Printed Circuit Board, Todd H. Hubing, Hwan-Woo Shim

Electrical and Computer Engineering Faculty Research & Creative Works

An expression for the maximum intensity of radiated emissions from a rectangular power bus structure has been derived based on an analytical cavity-resonator model. The effect of components mounted on the board is modeled by modifying the propagation constant of the waves within the power bus structure. The radiated field intensity is calculated using the equivalent magnetic current around the edges of the power bus structure together with the modified propagation constant. Measurements of a populated test board show that the derived closed-form expression estimates the level of the maximum radiation intensity with reasonable accuracy.


Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin Jan 2006

Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Part I of this essay begins one hundred years before the passage of the Act, with Reconstruction. I briefly canvas the interracial alliances of the Reconstruction and Redemption periods, underscoring that American democracy has been most responsive to the masses, including working class whites, when interracial alliances between whites and blacks commanded majority power. I then recount how a politics of white supremacy animated and perpetuated racial schisms between blacks and whites for a century in the South. Part II describes how the Act came to be passed, emphasizing the role of protest and coalition politics in its enactment, and …


Turn And Other Stories, Sarah Aswell Jan 2006

Turn And Other Stories, Sarah Aswell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Pervasively Distributed Copyright Enforcement, Julie E. Cohen Jan 2006

Pervasively Distributed Copyright Enforcement, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood …


Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione Jan 2006

Philosophy V. Rhetoric In Legal Education: Understanding The Schism Between Doctrinal And Legal Writing Faculty, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The author argues that although legal writing faculty know that what they teach is absolutely essential to their students' success, yet it continues to be grossly, even embarrassingly, undervalued in legal education. Doctrinal legal faculty perpetuate the view that legal education is a philosophical endeavor that focuses on the truth about the nature of law and, in the twenty-first century, on the law's ability to serve justice in a multicultural America. Because of their political power, however, doctrinal faculty are able to preserve the task of truth finding for themselves. Since the nature of truth is independent of its practical …


Who's Afraid Of Unenumerated Rights?, Randy E. Barnett Jan 2006

Who's Afraid Of Unenumerated Rights?, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Unenumerated rights are expressly protected against federal infringement by the original meaning of the Ninth Amendment and against state infringement by the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Despite this textual recognition, unenumerated rights have received inconsistent and hesitant protection ever since these provisions were enacted, and what protection they do receive is subject to intense criticism. In this essay, the author examines why some are afraid to enforce unenumerated rights. While this reluctance seems most obviously to stem from the uncertainty of ascertaining the content of unenumerated rights, he contends that underlying this …


Download It While It's Hot: Open Access And Legal Scholarship, Lawrence B. Solum Jan 2006

Download It While It's Hot: Open Access And Legal Scholarship, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article analyzes the shift of legal scholarship from the old world of law reviews to today's world of peer reviews to tomorrow's world of open access legal blogs. This shift is occurring in three dimensions. First, legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short articles, blog posts, and online collaborations). Second, a regime of exclusive rights is giving way to a regime of open access. Third, intermediaries (law school editorial boards, peer-reviewed journals) are being supplemented by disintermediated forms (papers on the Internet, blogs). Blogs and internet conversations …


Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum Jan 2006

Blogging And The Transformation Of Legal Scholarship, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Does blogging have anything to do with legal scholarship? Could blogging transform the legal academy? This paper suggests that these are the wrong questions. Blogs have plenty to do with legal scholarship--that's obvious. But what blogs have to do with legal scholarship isn't driven by anything special about blogs qua weblogs, qua collections of web pages that share the form of a journal or log. The relationship between blogging and the future of legal scholarship is a product of other forces--the emergence of the short form, the obsolesce of exclusive rights, and the trend towards the disintermediation of legal scholarship. …


Public Legal Reason, Lawrence B. Solum Jan 2006

Public Legal Reason, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.

The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …


The Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, And The Future Of Unenumerated Rights, Lawrence B. Solum Jan 2006

The Supreme Court In Bondage: Constitutional Stare Decisis, Legal Formalism, And The Future Of Unenumerated Rights, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay advances a formalist conception of constitutional stare decisis. The author argues that instrumentalist accounts of precedent are inherently unsatisfying and that the Supreme Court should abandon adherence to the doctrine that it is free to overrule its own prior decisions. These moves are embedded in a larger theoretical framework--a revival of formalist ideas in legal theory that he calls "neoformalism" to distinguish his view from the so-called "formalism" caricatured by the legal realists (and from some other views that are called "formalist").

In Part II, The Critique of Unenumerated Constitutional Rights, the author sets the stage by …


Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban Jan 2006

Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban

Georgetown Law Faculty Publications and Other Works

When the United Nations commission investigating Darfur issued its report in January 2005, it concluded that the Darfur atrocities represented war crimes and crimes against humanity, but not genocide. This had the harmful effect of deflating efforts to mobilize political support to halt the Darfur atrocities. But the Commission's conclusion was based entirely on technicalities in the legal definitions of the international crimes, not on denial that extermination is going on in Darfur. In this paper, the author argues that the legal and popular meanings of genocide have diverged in harmful ways: where laymen understand that mass killings and rapes …


The Federal Criminal "Code" Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan Jan 2006

The Federal Criminal "Code" Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Any discussion of federal penal law must begin with an important caveat: There actually is no federal criminal "code" worthy of the name. A criminal code is defined as "'a systematic collection, compendium, or revision' of laws." What the federal government has is a haphazard grab-bag of statutes accumulated over 200 years, rather than a comprehensive, thoughtful, and internally consistent system of criminal law. In fact, the federal government has never had a true criminal code. The closest Congress has come to enacting a code was its creation of Title 18 of the United States Code in 1948. That "exercise, …


Teaching The Rules Of "Truth", Jane H. Aiken Jan 2006

Teaching The Rules Of "Truth", Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

This Essay offers a few examples of ways in which Evidence professors can engage students in critical analysis of how deeply a point of view can influence the way the Rules apply. My hope is that through this understanding the students will no longer think of the Federal Rules of Evidence as a neutral body of procedural rules that if faithfully applied will result in “truth.” I believe this insight is one of the most critical that a law student can gain in law school. It will make students more thoughtful in their analysis and application of the Rules, but …


Race, Money And Medicines, Maxwell Gregg Bloche Jan 2006

Race, Money And Medicines, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Taking notice of race is both risky and inevitable, in medicine no less than in other endeavors. The literature on race as a classifying tool in clinical research poses this core dilemma: On the one hand, race can be a useful stand-in for unstudied genetic and environmental factors that yield differences in disease expression and therapeutic response. On the other hand, racial distinctions have social mean­ ings that are often pejorative or worse, especially when these distinctions are cast as culturally or biologically fixed. Our country's troubled past in this regard and the persistence of race-related disadvantage should keep us …


Twenty-First Century Equal Protection: Making Law In An Interregnum, Nan D. Hunter Jan 2006

Twenty-First Century Equal Protection: Making Law In An Interregnum, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

During her remarkable career on the Supreme Court, Justice Sandra Day O'Connor articulated principles, in both concurrence and dissent, which moved to the doctrinal core of multiple areas of jurisprudence. Perhaps, just perhaps, Justice O'Connor has done it again. In Lawrence v. Texas, although the Court's majority decided the case on substantive due process grounds, O'Connor concurred relying solely on the Equal Protection Clause. Because future litigation on sexuality and gender issues is more likely to turn on issues of equality (or expression) than on issues of privacy, her concurrence may ultimately achieve the influence of many of her past …


Managed Process, Due Care: Structures Of Accountability In Health Care, Nan D. Hunter Jan 2006

Managed Process, Due Care: Structures Of Accountability In Health Care, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Almost unnoticed, a new kind of adjudication system has appeared in American law. In forty-one states and the District of Columbia, special entities have been established to resolve contract and tort claims. State law created and mandates each system; these are not arbitrations agreed to by contract between the parties. Despite their public nature, however, these systems are not offered or operated by courts; the public function of adjudication is entirely outsourced to private actors. The decision-makers are neither elected nor appointed, nor are they public sector employees; they work in private companies. Most do not write opinions, and they …


Knowing Killing And Environmental Law, Lisa Heinzerling Jan 2006

Knowing Killing And Environmental Law, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

My goal here is modest: I simply wish to defend the view that the moral commitment against knowing killing should play a role in decisions about environmental problems. In recent years, economic analysis has substantially succeeded in de-ethicizing environmental issues; this paper is part of an effort to re-ethicize them. In previous work, I have criticized the use of cost-benefit analysis in making decisions about the environment. One source of my criticism has been the mismatch between moral values and economic valuation. I have, however, tended to leave the moral values I have defended rather vaguely defined. In this paper, …


Peace In The Valley: For Chris Iijima, Mari J. Matsuda Jan 2006

Peace In The Valley: For Chris Iijima, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

The first time I saw Chris, he was speaking at a meeting of the East Coast Asian American Student Union, a semi-political but largely social gathering of college kids. I have learned over the years that law schools are adept at finding faculty of color who are smart and ineffectual. So, frankly, I was not expecting much when this Professor Iijima got up to talk. I was concentrating on preparing my own remarks, when I was hit by the whirlwind that is the public Chris Iijima. He got up and assumed the posture of a pugilistic grizzly bear. He actually …


Risky Business, Milton C. Regan Jan 2006

Risky Business, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

This article is part of an exchange including Anthony Alfieri and William Simon in the Georgetown Law Journal on the implications of law firms' increasing reliance on the concept of risk management as the focus of efforts to ensure ethical conduct by lawyers. A risk management program involves the adoption of various policies and procedures designed to minimize conduct that may lead to individual and firm liability. Conflicts checking procedures, standard terms in engagement letters, and the requirement of a second signature by a disinterested partner on legal opinions are but a few of such measures. On one hand, the …


Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, Sue Shin Jan 2006

Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, Sue Shin

Georgetown Law Faculty Publications and Other Works

This report discusses the findings of a Georgetown Law International Women’s Human Rights Clinic fact-finding team that traveled to Ghana, Africa in March 2003 to investigate domestic violence. The report reviews the contours of the domestic violence problem in Ghana and outlines the ways in which Ghanaian law and procedure was insufficiently addressing the problem at the time. Its chief findings include that the Ghanaian laws existing in 2003 inadequately punished perpetrators and protected victims of domestic violence and that court and police enforcement of the existing law was lacking, including because the government was allowing the removal of domestic …