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2006

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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.

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Post-Fire Management And Public Lands Conflict: The Bitterroot National Forest And Beyond, Alex Corbly Sienkiewicz Jan 2006

Post-Fire Management And Public Lands Conflict: The Bitterroot National Forest And Beyond, Alex Corbly Sienkiewicz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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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. …

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Rehabilitation After Brain Injury : Identifying Predictors Throughout Post Acute Rehabilitation, Elisabeth L. Bond Jan 2006

Rehabilitation After Brain Injury : Identifying Predictors Throughout Post Acute Rehabilitation, Elisabeth L. Bond

PCOM Psychology Dissertations

The purpose of this study was to investigate the functional outcomes of clients who received post-acute rehabilitation services following a Traumatic Brain Injury (TBI) in an effort to identify predictors affecting outcome. An archival database was used to study three different outcome measure ratings over two and or three consecutive time periods. There were 105 participants, 82 male, 23 female, 87 residential and 18 outpatient, who were 19-78 years of age. A multivariate analysis of variance (MANOVA) was conducted within subjects to identify changes across time. No significant changes were found. A between subjects MANOVA was conducted to study relationships …

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Assessment Of Risk And Protective Factors For Homelessness : Preliminary Validation Of The Life Needs Inventory, Dena L. Brown-Young Jan 2006

Assessment Of Risk And Protective Factors For Homelessness : Preliminary Validation Of The Life Needs Inventory, Dena L. Brown-Young

PCOM Psychology Dissertations

The purpose of this study was to examine the LNI (Life Needs Inventory), used by the VOADV (Volunteers of America Delaware Valley) organization to identify risk factors, as well as protective strengths, associated with the securing of stable housing among the homeless population. Homelessness is a growing concern in the United States (Rosenberg, Solarz, & Bailey, 1991) and individuals or families who become homeless are at risk for many more problems. Finding suitable shelter is just the beginning, as physical safety and mental health issues become major concerns. Violence, drugs, risky sexual behaviors, lack of social support, limited employment opportunities, …

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Buffalo Hippies, Brooke Gibbs Hewes Jan 2006

Buffalo Hippies, Brooke Gibbs Hewes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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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.

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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.

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Block Grants, Early Childhood Education, And The Reauthorization Of Head Start: From Positional Conflict To Interest-Based Agreement, Eloise Pasachoff Jan 2006

Block Grants, Early Childhood Education, And The Reauthorization Of Head Start: From Positional Conflict To Interest-Based Agreement, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

In early 2003, the Bush administration proposed and Congress considered two types of highly controversial structural reform to Head Start, the federal program that since 1965 has provided early education and comprehensive health and social services to low-income preschoolers and their families. First, the proposal would begin funding Head Start through federal block grants to the states rather than through direct federal grants to local agencies. Second, the proposal would shift oversight of Head Start at the federal level from the Department of Health and Human Services (HHS) to the Department of Education (ED). Variations on these two proposals have …

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Moral Conflict And Liberty: Gay Rights And Religion, Chai R. Feldblum Jan 2006

Moral Conflict And Liberty: Gay Rights And Religion, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

My goal in this piece is to surface some of the commonalities between religious belief liberty and sexual orientation identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. I first want to make transparent the conflict that I believe exists between laws intended to protect the liberty of lesbian, gay, bisexual and transgender ("LGBT") people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. I believe those who advocate for LGBT equality have downplayed the impact of …

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Sustainability Of Commercial Woodcraft Production In Mision Chaquena, Argentina| A Preliminary Assessment, Thaden E. Brient Jan 2006

Sustainability Of Commercial Woodcraft Production In Mision Chaquena, Argentina| A Preliminary Assessment, Thaden E. Brient

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Turn And Other Stories, Sarah Aswell Jan 2006

Turn And Other Stories, Sarah Aswell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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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 …

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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 …

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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 …

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Constitutional Texting, Lawrence B. Solum Jan 2006

Constitutional Texting, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Constitutional Texting" introduces an account of constitutional meaning that draws on Paul Grice's distinction between "speaker's meaning" and "sentence meaning." The constitutional equivalent of speaker's meaning is "framer's meaning," the meaning that the author of the constitutional text intended to convey in light of the author's beliefs about the reader's beliefs about the author's intentions. The constitutional equivalent of sentence meaning is "clause meaning," the meaning that an ordinary reader would attribute to the text at the time of utterance without any beliefs about particular intentions on the part of the author. Clause meaning is possible because the words and …

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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 …

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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 …

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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 …

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Stitching Orality Into The Textual Quilt In Derek Walcott's Omeros, Judith Bledsoe Jan 2006

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

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Excutive Power In The War On Terror, David Cole Jan 2006

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 …

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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 …

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Beyond Coercion: Justice Kennedy's Aversion To Animus, Steven Goldberg Jan 2006

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 …

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Kennewick Man And The Meaning Of Life, Steven Goldberg Jan 2006

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 …

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What Does Social Justice Require For The Public’S Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin, Madison Powers Jan 2006

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 …

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The Measure Of A Justice: Justice Scalia And The Faltering Of The Property Rights Movement Within The U.S. Supreme Court, Richard J. Lazarus Jan 2006

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 …

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Unitariness And Myopia: The Executive Branch, Legal Process And Torture, Cornelia T. Pillard Jan 2006

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 …

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Weak-Form Judicial Review And "Core" Civil Liberties, Mark V. Tushnet Jan 2006

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 …

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Referring To Foreign Law In Constitutional Interpretation: An Episode In The Culture Wars, Mark V. Tushnet Jan 2006

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 …

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Desperately Seeking A Moralist, Robin West Jan 2006

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 …

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