Digital Commons Network^™

Beyond Coercion: Justice Kennedy's Aversion To Animus, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

In evaluating the constitutionality of religious displays, Justice Kennedy adheres to the coercion test. A crèche on the courthouse steps is acceptable because it does not coerce anyone to support or participate in a religious exercise. He rejects the endorsement test, which asks whether the display makes reasonable nonadherents feel like outsiders, finding it to be “flawed in its fundamentals and unworkable in practice.” Yet in the free exercise context, Kennedy has focused on whether a community shows hostility to minority faiths, and his opinions in Romer and Lawrence stress that legislatures acted unconstitutionally in showing animus to gays. Suppose …

Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

In the past 100 years, the connotations of the term "international" have changed dramatically. The ideas we have of concepts such as "international communication" and "global travel" are dramatically different from what those concepts would have meant to our forebears - if they had even thought in such terms. But an international perspective is not new at Fordham Law School. The idea of the interconnectedness of our social and legal systems with those of other Nations is one of the foundational values of our school, and it has shaped our history since we opened our doors 100 years ago.

From …

What Does Social Justice Require For The Public’S Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin, Madison Powers

Georgetown Law Faculty Publications and Other Works

Justice is so central to the mission of public health that it has been described as the field's core value. Our account of justice stresses the fair disbursement of common advantages and sharing of common burdens. It captures the twin moral impulses that animate public health: to advance human well-being by improving health and to do so particularly by focusing on the needs of the most disadvantaged. This commentary explores how social justice sheds light on major ongoing controversies in the field, and it provides examples of the kinds of policies that public health agencies guided by a robust conception …

Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty Of Care As Responsibility For Systems", Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

Revisiting section 3.4.2 of Clark's Corporate Law ('Duty of Care as Responsibility for Systems") reminds us, however, that the internal controls story actually goes back many decades, and that many of the strategic issues that are at the heart of section 404 have long been contentious. My Article will briefly update Clark's account through the late 1980s and 1990s before returning to Sarbanes-Oxley and rulemaking thereunder by the SEC and the newly created Public Company Accounting Oversight Board ("PCAOB"). My main point builds on one of Clark's but digs deeper. Internal controls requirements, whether federal or state, are incoherent unless …

J Am Coll Dent 2006 73 1

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

The Measure Of A Justice: Justice Scalia And The Faltering Of The Property Rights Movement Within The U.S. Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is to take the measure of Justice Scalia's ability to produce significant opinions for the Court, rather than just for himself, by focusing on the Court's property rights cases during the past several decades. Much of the analysis will rely on the Blackmun Papers, because they provide a virtual treasure trove of information revealing the Court's deliberative process while Blackmun was on the Court from 1971 to 1994. Almost all of this information, including Justice Blackmun's handwritten notes on what each Justice said at the Court's private deliberations and initial voting on the cases at …

Unitariness And Myopia: The Executive Branch, Legal Process And Torture, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

What promotes legality on the part of government under strain? This Article looks to the role of intra-executive processes in facilitating well-reasoned, legitimate conclusions on questions like the one addressed in this symposium: What are the legal authorities and limits governing coercive interrogation tactics? Admittedly, even the best legal processes are no guarantee of good substantive outcomes. Many critics would disagree with the substance of the executive's August 1, 2002, legal position on coercive interrogation no matter how it was derived. And even were all the best processes faithfully adhered to in developing the government's legal position on torture, it …

Edmund Burke, John Whyte And Themes In Canadian Constitutional Culture, David Schneiderman

Georgetown Law Faculty Publications and Other Works

John Whyte, the author observes, is committed to the idea that there are moral foundations to Canada's constitutional order and that these foundations are derived from liberal principles. This paper compares Whyte's liberal and organicist constitutionalism to that of the eighteenth century British political thinker, Edmund Burke. Three themes are predominant in Whyte's work: those of liberty and security, unity and diversity, and constitutional change. Drawing out these themes in both Whyte's and Burke's constitutional thought, the author argues that Whyte has a sound historical basis for deriving Canadian constitutional practices from liberal principles ordinarily associated with Burke. The author …

Defending The Unpopular Down-Under, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The ethics of criminal defence lawyers and others who represent 'unpopular clients' is a largely unexplored area of legal scholarship in Australia. This article seeks to examine, from a comparative perspective, the motivations and ethical practices of these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing professional obligations to court and client, truth and advocacy, public and profession. …

When Is Knowing Less Better Than Knowing More? Unpacking The Controversy Over Supreme Court Reference To Non-U.S. Law, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

My goal in this Essay is simply to lay out the criticisms of the use of non-U.S. law in constitutional interpretation, so as to identify what might be correct (not much, in the end) in those criticisms. I discuss criticisms based on theories of interpretation, on the claim that reference to non-U.S. law is merely decoration playing no role in generating outcomes, on the role the Constitution has in expressing distinctively American values, and on the proposition that judges are unlikely to do a good job in understanding - and therefore in referring to - non-U.S. law. This last "quality-control" …

Desperately Seeking A Moralist, Robin West

Georgetown Law Faculty Publications and Other Works

In a recent issue of “Unbound”, Janet Halley reviews my book “Caring for Justice”, criticizing it for exhibiting a broad range of the problems she sees in all forms of "identitarian" legal writing, and therefore worthy of detailed critique. Halley begins her review by listing the representative missteps she finds in both my book and in identitarian politics generally, including, although certainly not limited to, an identification of the site of the subordinated group's injuries-for women, reproduction and sexuality with the site of its ethical lives and insights; a tendency to differentiate and present the interests of subordinate and dominant …

"Donkey Hammer"| A Collection Of Short Fiction And Nonfiction, Rose M. Bunch

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Metabolic Gene Activation Following A Single Bout Of Extended-Duration Physical Activity And The Effects Of Carbohydrate Supplementation, Ana-Mishel Spiroski

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Examination Of The Structure And Function Of The Mesoscale Landscape Occupied By Purgatorius Genus, Erika Ringleb

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Applying The Mahalanobis-Taguchi System To Vehicle Handling, Kioumars Paryani, Elizabeth A. Cudney, K. M. Ragsdell

Engineering Management and Systems Engineering Faculty Research & Creative Works

The Mahalanobis-Taguchi system (MTS) is a diagnosis and forecasting method using multivariate data. Mahalanobis distance (MD) is a measure based on correlations between the variables and patterns that can be identified and analyzed with respect to a base or reference group. The MTS is of interest because of its reported accuracy in forecasting using small, correlated data sets. This is the type of data that is encountered with consumer vehicle ratings. MTS enables a reduction in dimensionality and the ability to develop a scale based on MD values. MTS identifies a set of useful variables from the complete data set …

Civil Liberties For Urban Believers V. City Of Chicago: A Defining Case For The Substantial Burden Test Under The Religious Land Use And Institutionalized Persons Act Note, Noelle V. Crisalli

Pace Environmental Law Review

No abstract provided.

Speech Recognition: The Interpretation Of Training And Using Speech Recognition Software From The Perspectives Of Postsecondary Students With Learning Challenges, Delann Soenksen

Dissertations and Theses @ UNI

This study examined the utilization of speech recognition programs by five college students with learning difficulties. A qualitative approach was implemented over the course of two semesters, Fall 2003 and Spring 2004, to: (a) ascertain students' perspectives on speech recognition, and (b) understand how students used speech recognition programs as a tool to meet the academic demands of postsecondary education. Data collection for this study included interviews, participant observations, field notes, videotape, and course assignments. This study provided qualitative data regarding an assistive technology tool that has traditionally been studied within a quantitative paradigm. Environment, individual characteristics, and life demands …

First Do No Harm: Law Professor Misconduct Toward Law Students, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Emotional Intelligence And Conflict Management Style, Laura Noelle Henderson

UNF Graduate Theses and Dissertations

The relationship between emotional intelligence (EI) and conflict management was investigated using 229 college students and 4 3 participants from organizational settings. A positive correlation was found between emotional intelligence scores and use of the integrating style of handling conflict with one's bosses, one's subordinates and one's coworkers. Of the five styles of handling conflict, emotional intelligence had the highest significant positive relationship with the integrating style; this style is generally considered to be the best approach to handling conflict. High levels of emotional intelligence were associated with high levels of socially desirable responding. Emotional intelligence scores decreased with age, …

Recoiling From Religion, Marc O. Degirolami

Scholarly Articles

This review offers a critical appraisal of God vs. the Gavel, in particular of Professor Hamilton's discussion of the complicated idea of the public good and how it intersects with religious free exercise interests. In Part II, the review explains the structure of the book and the framework for Hamilton's conclusions about religious accommodation. It emphasizes several instances of Hamilton's use and explanation of the concept of the public good. Part III articulates Hamilton's general theory of the public good, breaking the concept down into several distinct categories suggested by the book itself. The review critiques the book's explanation and …

Turnaround Time Between Illiad’S Odyssey And Ariel Delivery Methods: A Comparison, Ruth S. Connell, Karen L. Janke

Library Faculty Publications

Interlibrary loan departments are frequently looking for ways to reduce turnaround time. The advent of electronic delivery in the past decade has greatly reduced turnaround time for articles, but recent developments in this arena have the potential to decrease that time even further. The ILLiad ILL management system has an electronic delivery component, Odyssey, with a Trusted Sender setting that allows articles to be sent to patrons without borrowing staff intervention, provided the lending library is designated as a Trusted Sender, or this feature is enabled for all lenders. Using the tracking data created by the ILLiad management system, the …

Making Research Real: The Multi-Genre Research Project, Jennifer Conrad

Language Arts Journal of Michigan

No abstract provided.

"If I Didn't Let It Go It Would Just Stick On My Chest." From Language To Silence, Mary Jo Finney

Language Arts Journal of Michigan

No abstract provided.

Who You Gonna Call? Ray Lawson!, Susan Steffel

Language Arts Journal of Michigan

No abstract provided.

"A Very Powerful Tool Of Alienation": Introducing Future Teachers To The Problem Of Imposed Codeswitching, Brian White

Language Arts Journal of Michigan

No abstract provided.

Front Matter

Language Arts Journal of Michigan

No abstract provided.

A Wake Up Call, Laura J. Roop

Language Arts Journal of Michigan

No abstract provided.

Teacher As Researcher/Researcher As Teacher: Multiple Angles Of Vision For Studying Learning In The Context Of Teaching, Beth V. Yeager

Language Arts Journal of Michigan

No abstract provided.

Encouraging Reciprocity Or Relinquishing Authority? The Story Of A New Teacher's Struggle, Colleen Tucker

Language Arts Journal of Michigan

No abstract provided.

Dispelling The Myth, Kids Don't Like Shakespeare: An Examination Of Effective Teaching Methods To Aide Students In Embracing The Works Of William Shakespeare, Alicia Dubisky

Language Arts Journal of Michigan

No abstract provided.