Digital Commons Network^™

Scientific Secrecy And "Spin": The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack

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.

Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona

Articles

American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …

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 …

Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine

Scholarly Works

Of the various movements that have surfaced in American legal theory in recent decades, law and economics has emerged as perhaps the most influential, leading some to characterize it as the dominant contemporary mode of analysis among American legal scholars. In this essay, Levine considers law and economics in the context of a comparative discussion of another prominent intellectual legal movement, the Brisker method of Talmudic analysis, which originated in Eastern Europe in the late nineteenth century and quickly developed into a leading method of theoretical study of Jewish law. The Brisker method takes its name from the city of …

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 …

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.

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

Loss Of Escape-Related Giant Neurons In A Spiny Lobster, Panulirus Argus, Sandra Y. Espinoza, Lana Breen, Nisha Varghese, Zen Faulkes

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

When attacked, many decapod crustaceans perform tailflips, which are triggered by a neural circuit that includes lateral giant interneurons, medial giant interneurons, and fast flexor motor giant neurons (MoGs). Slipper lobsters (Scyllaridae) lack these giant neurons, and it has been hypothesized that behavioral (e.g., digging) and morphological (e.g., flattening and armor) specializations in this group caused the loss of escape-related giant neurons. To test this hypothesis, we examined a species of spiny lobster, Panulirus argus. Spiny lobsters belong to the sister taxon of the scyllarids, but they have a more crayfish-like morphology than scyllarids and were predicted to have escape-related …

Digging Mechanisms And Substrate Preferences Of Shovel Nosed Lobsters, Ibacus Peronii (Decapoda: Scyllaridae), Zen Faulkes

School of Integrative Biological & Chemical Sciences (Formerly Dept. of Biology)

Digging is a distinct form of locomotion that poses different mechanical problems than other locomotor modes that are commonly used by crustaceans, e.g., walking, swimming. I examined the mechanisms of digging by shovel nosed lobsters (Ibacus peronii), which spend most of the day underneath sand. Ibacus peronii were videotaped while digging. Ibacus peronii use a “wedge” strategy to submerge into sand. An individual penetrates the sand with the walking legs, then extends the abdomen to push sand backwards, then flexes the abdomen while pushing backward with the legs, which slowly drives the body into the sand. This basic …

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.

The Impact Of Financial Openness On Economic Integration: Evidence From Europe And The Cis, Fabrizio Carmignani, Abdur Chowdhury

Economics Faculty Research and Publications

We study whether financial openness facilitates the economic integration of formerly centrally planned economies with the EU-15. Two dimensions of economic integration are considered: cross-country convergence of per-capita incomes and bilateral trade in goods and services. We find that more financially open economies effectively catch-up faster and trade more with the EU-15. These integration-enhancing effects occur over and above any effect stemming from domestic financial deepening and other factors determining growth and trade.

Incomplete Compensation And Migration Behavior: Has Anything Changed Between 1990 And 2000?, David E. Clark, William E. Herrin, Thomas A. Knapp, Nancy E. White

Economics Faculty Research and Publications

Spatial equilibrium models rely on migration to arbitrage away differences in utility across locations net of moving costs, where remaining differences in wages and rents reflect the compensating differentials related to site-specific amenities. Recent refinements to the spatial equilibrium model focus upon the prospect of disequilibrium in amenity markets. Amenity market disequilibrium implies over- or under-compensation (incomplete compensation) across some locations, which suggests a role for these factors in subsequent migration. This paper follows the theoretical and empirical approach of Clark, Herrin, Knapp, and White (2003). An intercity wage regression is estimated where fixed effects capture the impact of site …

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 …

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 …

Defending And Despairing: The Agony Of Juvenile Defense, Abbe Smith

Georgetown Law Faculty Publications and Other Works

I believe there is no more important work than defending kids, especially those accused of serious crimes. The consequences of juvenile crime are increasingly severe, whether kids remain in the juvenile system or are prosecuted as adults. We lock up too many people in this country, many of whom are children. Surely, at the start of the twenty-first century - given our knowledge about the causes of juvenile delinquency and crime - we can do more than put troubled kids in cages. So, why not work with young offenders who are on their way to becoming adult clients, to try …