Digital Commons Network^™

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton

Articles

No abstract provided.

The Plural Of Anecdote Is "Blog", A. Michael Froomkin

Articles

No abstract provided.

A Dispatch From The Crypto Wars, A. Michael Froomkin

Articles

Matt Curtin's Brute Force is a primarily personal account of one early effort to harness the power of distributed computing. In 1997, Mr. Curtin and other members of the DESCHALL (DES Challenge) project built, distributed, and managed software that united thousands of computers, many of them ordinary personal computers, in the search for a single decryption key among 72 quadrillion possibilities. The DESCHALL project sought to demonstrate that DES, then the U.S. national standard encryption algorithm, was no longer as secure as advertised. While Brute Force also offers some background on encryption regulation, export control policy, and other aspect of …

When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones

Articles

No abstract provided.

Jewish Law For The Law Librarian, David Hollander

Articles

Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.

The Territorial Temptation: A Siren Song At Sea, Bernard H. Oxman

Articles

No abstract provided.

George P. Fletcher And Steve Sheppard, American Law In A Global Context: The Basics. Oxford And New York, Oxford University Press 2005 (Book Review), Janet Stearns

Articles

No abstract provided.

Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart

Articles

No abstract provided.

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino

Articles

No abstract provided.

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

Articles

No abstract provided.

Perceptions Of The Value Of Problem-Based Learning Among Students With Special Needs And Their Teachers, Brian Robert Belland, P. A. Ertmer, K. D. Simons

Instructional Technology and Learning Sciences Faculty Publications

While problem-based learning (PBL) has been found to be effective with gifted and average students (Hmelo-Silver, 2004), little is known about its impact on students with special needs. This study examines the perceptions of middle-school students with mild, moderate, and severe disabilities and of their teachers regarding the value of participating in a PBL unit. The unit focused on the physical accessibility of a low-SES, rural community where the students’ school was located.We used the constant comparative method (Glaser & Strauss, 1967) to analyze interview data, and used observation data and artifacts to triangulate interview comments. Among the noteworthy findings …

Remedies: Public & Private, 4th Ed, David I. Levine, David J. Jung, David Schoenbrod, Angus Macbeth

Books

Table of Contents Only

The Normative Significance Of The Individual In Economics, John B. Davis

Economics Faculty Research and Publications

No abstract provided.

Value, John B. Davis

Economics Faculty Research and Publications

No abstract provided.

Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno

Faculty Scholarship

Unwarranted constraints on the admissibility of genetics evidence in death penalty cases can undercut some defendants' efforts to fight their executions. For example, genetics evidence can help validate some traditionally accepted mitigating factors (such as certain psychiatric or behavioral disorders) that can otherwise be difficult for defendants to prove. By imposing unreasonable limitations on genetics arguments, the criminal justice system may be undermining the very principles and progressive thinking the cap on genetics evidence was originally intended to achieve. Part II of this article briefly reviews the facts and legal arguments in Mobley v. State. Part III addresses the primary …

Introduction To Recent Developments In Economic Methodology, John B. Davis

Economics Faculty Research and Publications

No abstract provided.

Substitution Between Money And Near Monies In Switzerland, Subhash C. Sharma, Magda Kandil, Abdur Chowdhury, Tammy Parker

Economics Faculty Research and Publications

This paper investigates the substitutability between money and near-money assets during the period 1976 to 1996 in Switzerland. Financial developments have made a variety of instruments available to store wealth and conduct economic transactions. These developments have generated a "near money" component in households' and businesses' portfolio balances. It is important to evaluate the effect of "near-money" on money demand and the effectiveness of monetary policy. Towards this goal, five monetary assets: currency and demand deposits at commercial banks, demand deposits with the postal system, deposits on transaction accounts with banks, savings deposits and time deposits are considered. We evaluate …

The World Bank's Uses Of The "Rule Of Law" Promise In Economic Development, Alvaro Santos

Georgetown Law Faculty Publications and Other Works

In this chapter, the author seeks to disaggregate the World Bank and provide insight on the impact that particular groups have in dominant development strategies. By analyzing the internal dynamics among groups at the Bank, his aim is to illuminate the rise and fall of ideas about development and their resistance to both empirical evidence and academic critique. These internal dynamics include institutional inertia and constraints, groups’ struggle and competition over resources and prestige, and the relationship between groups at the Bank and the governments of borrowing countries.

The argument presented is that the conceptions of the rule of law …

Copyright, Commodification, And Culture: Locating The Public Domain, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The relationship between increased commodification and the public domain in copyright law is the subject of considerable controversy, both political and theoretical. The paper argues that beliefs about what legal definition the public domain requires depend crucially on implicit preconceptions about what a public domain is. When considered in broader historical context, the term public domain has a specific set of denotative and connotative meanings that constitute the artistic, intellectual, and informational public domain as a geographically separate place, portions of which are presumptively eligible for privatization. This idea meshes well with the current push toward commodification in copyright. The …

Clauses Not Cases, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Clauses Not Cases is a Response to Robert Post and Reva Siegel, Questioning Justice: Law and Politics in Judicial Confirmation Hearings, Yale L.J. (The Pocket Part), Jan. 2006.

In Questioning Justice, Robert Post and Reva Siegel make three claims. First, that the Constitution authorizes the Senate to rest its judgement, in part, on the constitutional philosophy of nominees to the Supreme Court; second, that this practice is justified on grounds of democratic legitimacy; and third, that it is best implemented by asking nominees “to explain the grounds on which they would have voted in past decisions of the …

Exclusionary Conduct, Effect On Consumers, And The Flawed Profit-Sacrifice Standard, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The central thesis of this article is that the use of the profit-sacrifice test as the sole liability standard for exclusionary conduct, or as a required prong of a multi-pronged liability standard is fundamentally flawed. The profit-sacrifice test may be useful, for example, as one type of evidence of anticompetitive purpose. In unilateral refusal to deal cases, it can be useful in determining the non-exclusionary benchmark. However, the test is not generally a reliable indicator of the impact of allegedly exclusionary conduct on consumer welfare - the primary focus of the antitrust laws. The profit-sacrifice test also is prone to …

Anglo-American Privacy And Surveillance, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The United States’ Terrorism Surveillance Program represents just one of many expansions in surveillance since 9/11, as legal controls previously introduced to protect citizens’ privacy and to prevent the misuse of surveillance powers have been relaxed. What makes the situation qualitatively different now is not just the lowering of the bar: digitization and the rapid advancement of technology mean that the type and volume of information currently available eclipse that of previous generations. The issue is not confined to the United States. Despite the incorporation of the European Convention of Human Rights into British law, the United Kingdom also appears …

Critical Constitutionalism Now, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

The starting point for this essay is the claim that if the texts that critical scholars studied are unstable over time, then this must also be true of the studies themselves. There is no reason to suppose that the critical perspective, uniquely among all possible perspectives, reflects timeless and contextless truth. The question I want to ask, then, is what meaning the critical perspective has for us now in our new and dramatically transformed environment. I proceed in four parts. First, I address the meaning that critical scholars attributed to constitutional law in the late twentieth century. Second, I describe …

It's A Bird, It's A Plane, No, It's Super Precedent: A Response To Faber And Gerhardt, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The normative case for originalism is based, in large measure, on the superiority of the enacted text over the opinions of members of the government whom it is supposed to govern and limit-including members of the Supreme Court. The author does not see how an originalist can accept that the Supreme Court could change the meaning of the text from what it meant as enacted and still remain an originalist. In other words, once it becomes appropriate for the Supreme Court to discard original meaning and the original meaning of the text is thereby reduced to a factor among many …

Relativistic Density Functional Theory Method: Applications To Autoionization States Of Atoms, Şaki̇r Erkoç

Turkish Journal of Physics

A brief introductory information about the accurate atomic calculations using Density Functional Theory has been reviewed. How relativistic effects can be considered in atomic calculations through the density functional theory has been discussed. Some sample calculation results for the autoionization states of the neutral and cationic atoms have been presented.

Applications Of Genetic Algorithm To Quantum Mechanical Systems, Mehmet Şahi̇n, Ülfet Atav, Mehmet Tomak

Turkish Journal of Physics

Genetic algorithm (GA) inspired by the biological world is a general search and optimization method. It was first proposed by Holland in 1975. GA has been applied to many scientific areas especially in engineering optimization problems. It is also used in solving of quantum mechanical problems. In this study, we have applied this method to different realistic quantum mechanical problems of both self-consistent and non-self-consistent type. The results obtained are compared with the results of other methods and it is seen that the GA can be a very powerful alternative to some other traditional techniques such as variational method.

Casimir Energies For Some Single Cavities, Haci Ahmedov, İsmai̇l Hakki Duru

Turkish Journal of Physics

Casimir energies are discussed for some cavities.