Digital Commons Network^™

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 …

Stitching Orality Into The Textual Quilt In Derek Walcott's Omeros, Judith Bledsoe

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Excutive Power In The War On Terror, David Cole

Georgetown Law Faculty Publications and Other Works

When the President does it, that means that it is not illegal. So Richard Nixon infamously defended his approval of a plan to engage in warrantless wiretapping of Americans involved in the antiwar movement in the 1970s. For thirty years Nixon's defense has stood as the apogee of presidential arrogance. But of course Nixon was proved wrong. The wiretapping plan was shelved when FBI Director J. Edgar Hoover, of all people, objected to it. Nixon's approval of the program was listed in the articles of impeachment, and ultimately he was forced to resign. Nixon learned the hard way that presidents …

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 …

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 …

Kennewick Man And The Meaning Of Life, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

When Native Americans and scientists clashed over ownership of the ancient remains of Kennewick Man it was, in part, a dispute between the needs of the traditional culture and those of the modern research establishment. But more was at stake. The Native Americans wanted to rebury the remains because their emotional relationship with Kennewick Man is tied to their view of their origins. But the scientists also had an emotional attachment to the scientific position. The question of who were the First Americans satisfies a yearning for scientific origin stories. The dispute here parallels the controversy over evolution. Creationists care …

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 …

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 …

Weak-Form Judicial Review And "Core" Civil Liberties, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

In this Essay, I want to unearth some subordinated strands in the Rehnquist Court's free speech jurisprudence. For example, the Rehnquist Court allowed Congress to regulate campaign finance in ways subject to credible First Amendment objections, and to impose obligations on cable television systems that would almost certainly be unconstitutional were they imposed on newspapers. These decisions, I suggest, do not rest simply on the kind of deference to legislative judgment that fits comfortably into a system of strong-form review. Rather, they represent what I call a managerial model of the First Amendment, which accords legislatures a large role in …

Referring To Foreign Law In Constitutional Interpretation: An Episode In The Culture Wars, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

As Judge Messitte's essay demonstrates, recent references in Supreme Court decisions to non-U.S. legal materials have generated a great deal of controversy. Those who make such references say that doing so is no big deal. I have called the controversy a tempest in a teapot. My topic here is the disjuncture between the perception on one side that something important and troubling has happened - or, as I will argue, may be about to happen - and the perception on the other that there is nothing to be concerned about. After describing in Section I the practice that has given …

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 …

Katrina, The Constitution, And The Legal Question Doctrine, Robin West

Georgetown Law Faculty Publications and Other Works

In this paper I will not develop the case for constitutionally protected welfare rights - I have tried to do that elsewhere. Instead, I want to explore the tension between what I will take to be at least a plausible account of the state's Constitutional obligations to the poor, and what seems to me as at least equally self-evident, to wit, that no American court will discover and then impose such Constitutional obligations upon recalcitrant state or federal legislators. My conclusion will be pragmatic. I want to urge those who feel likewise regarding the Constitutional obligations of state actors, to …

My Library: Copyright And The Role Of Institutions In A Peer-To-Peer World, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Today's technology turns every computer - every hard drive - into a type of library. But the institutions traditionally known as libraries have been given special consideration under copyright law, even as commercial endeavors and filesharing programs have begun to emulate some of their functions. This Article explores how recent technological and legal trends are affecting public and school-affiliated libraries, which have special concerns that are not necessarily captured by an end-consumer-oriented analysis. Despite the promise that technology will empower individuals, we must recognize the crucial structural role of intermediaries that select and distribute copyrighted works. By exploring how traditional …

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.

Landscaping The "Femme-Jardin" In Despstre's Erotic Trilogy, Anna Kristen Lokowich

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 …

Evaluation Of The Indicators And Standards Used For The Limits Of Acceptable Change Process In The Absaroka-Beartooth Wilderness, Sarah E. Wallace

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Future Of Biotechnology Litigation And Adjudication, Gregory N. Mandel

Pace Environmental Law Review

No abstract provided.

Constituting Fundamental Environmental Rights Worldwide, James R. May

Pace Environmental Law Review

No abstract provided.

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 …

Approximate String Matching With Dynamic Programming And Suffix Trees, Leng Hui Keng

UNF Graduate Theses and Dissertations

The importance and the contribution of string matching algorithms to the modern society cannot be overstated. From basic search algorithms such as spell checking and data querying, to advanced algorithms such as DNA sequencing, trend analysis and signal processing, string matching algorithms form the foundation of many aspects in computing that have been pivotal in technological advancement.

In general, string matching algorithms can be divided into the categories of exact string matching and approximate string matching. We study each area and examine some of the well known algorithms. We probe into one of the most intriguing data structure in string …

P2pcompute - A Peer-To-Peer Computing Model, Jayant Mishra

UNF Graduate Theses and Dissertations

Peer-to-peer (P2P) networks consist of nodes which have both client and server capabilities and on which communication and data sharing is carried on directly between nodes, rather than being arbitrated by an intermediary node. The P2P architecture was popularized by file-sharing, one of the widely-used applications of the Internet. Many applications that are based on this architecture have been developed. It also provides an efficient platform to harness the computing power of a network of desktop computers. P2P computing power can help solve computationally complex problems that require powerful supercomputers. However, it has not been as widely used as the …

The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami

Scholarly Articles

This essay explores the criminological commitments of religious prisons. Though religious prisons serve rehabilitative aims, this essay emphasizes the importance of their retributive goals-what Professor R.A. Duff has termed the censure-communicating purpose of punishment and the "Three 'R's of Punishment" (repentance, reform, and reconciliation)9-in justifying the use of religious programming in prisons. The focus of this article is narrow: it offers an argument in response to skeptics who claim that religious programming serves no criminological purpose absent an unequivocal showing of rehabilitative effectiveness. It claims that even if the evidence of reduced recidivism has been inflated or manipulated, as many …

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 …

Written On The Body By Jeanette Winterson In The Context Of Nomadology, Maria Goltsova

Dissertations and Theses @ UNI

This study provides an interpretation of the novel Written on the Body by Jeanette Winterson in the context of nomadology, a post-modern philosophical project initiated by Gilles Deleuze. My analysis, concentrating on the plot and the narrative strategy of the novel, explores the concept of nomadic subjectivity and demonstrates how it is constructed in the text and how, if at all, it can be challenged. It also examines melancholy and loss, and their role in the formation of nomadic identity. In the novel, Louise is presented as an object of the narrator's desire; she is articulated through the examination and …

Looking Back, Looking Forward: Celebrating Two Decades Of The Language Arts Journal Of Michigan, Jonathan Bush

Language Arts Journal of Michigan

No abstract provided.

Functional Behavioral Assessment : A New Model For Interviewing, Shelley K. Schafer

Dissertations and Theses @ UNI

The factors which affect how children learn are as varied as the individual students within any given classroom. These factors can affect not only the academic resilience of the student, but their behavior as well. Problem behaviors that create substantial amounts of tension in the classroom can inhibit the academic success of an individual child, as well as the performance of his or her peers. Some students do not have the appropriate behavioral repertoires necessary to cope with the many academic and social expectations of attending school. The purpose of the current study is to develop and assess the effectiveness …