Digital Commons Network^™

The Proliferation Of The Law Of International Criminal Tribunals Within Terrorism And "Unlawful" Combatancy Trials After Hamdan V. Rumsfeld, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article examines the arguments that led the Supreme Court to its landmark judgment, in particular: (i) the jurisdiction of federal courts to ascertain procedural challenges to the lawfulness of military commission proceedings; (ii) the relation to the Geneva Convention; (iii) the aspect of conspiracy as a (non-)legal basis for indictments issued before military commissions, especially in the argument raised by the defense in the Hamdan case; and (iv) the case law of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) with respect to the concept of conspiracy and joint criminal enterprise (“JCE”). The case law of the ICTY, …

Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker

Fordham International Law Journal

In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …

A New Tort Code Emerges In China: An Introduction To The Discussion With A Translation Of Chapter 8- Tort Liability, Of The Official Discussion Draft Of The Proposed Revised Civil Code Of The People's Republic Of China, George W. Conk

Fordham International Law Journal

In 1986, the Sixth National People's Congress enacted the General Principles of Civil Law of the People Republic of China ("1986Code). The 1986 Code is now undergoing comprehensive revision. The Standing Committee of the National Peoples Congress (the national legislature) issued a comprehensive draft revised civil code for discussion on December 17, 2002 "Standing Committee Discussion Draft". Discussion in China of the 2002 Standing Committee Discussion Draft has recently centered on the chapter on property rights. Passed on March 16, 2007, after seven drafts, the property rights chapter has been the source, one can readily understand, of much more controversy …

Some Reflections On The Notion Of "State Resources" In European Community State Aid Law, Andrea Biondi

Fordham International Law Journal

In this Article the author givesPart I of this Article goes through a brief overview of the contours of state aid in the European Union. Part II is devoted to a specific aspect of the acquis communitaire. As it is well known, Article 87 [of the European Community Treaty] identifies the five preconditions for a State measure to be defined as aid: Transfer of State resources, advantage, selectivity, distortion of competition, and effect on intra-Community trade. The reflections in this Part is confined to the first of those conditions.

The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke

Fordham International Law Journal

This Note argues that, to address the abuse of detained girls, the United States should ratify the CRC. This Note further argues that establishing a national independent office or ombudsman to monitor children's conditions of confinement in the United States is a superior proposal to creating a U.N.-appointed special representative on violence against children. This Note concludes that, upon ratifying the CRC, the United States should establish a national ombudsman for children's rights. Part I of this Note presents the problem of physical and sexual abuse of detained girls in the United States and reviews the applicable international human rights …

Numerus Clausus: An Economic Perspective, Wei Zhang

Research Collection Yong Pung How School Of Law

Numerus clausus refers to the principle that both the form and the substance of a property right shall be prescribed by the law, which essentially restricts the freedom to “customize” the legally enforceable property interests.2 It has long been regarded as a basic principle in Civil Law countries, while the recent studies of U.S. scholars suggest that its essence exists in the Anglo-American law as well.

Segmental Dynamics Of Poly(Isopropyl Acrylate)-D7 On Silica, Piyawan Krisanangkura, Frank D. Blum

Chemistry Faculty Research & Creative Works

For a polymer film deposited on a surface, the strength of the surfacesegment interaction affects the mobility of polymer-chain segments. The selfconsistent field lattice model of Scheutjens and Fleer,1 based on mean-field lattice models of polymer at interfaces,2 has been used to describe the distribution of conformations of polymers on surfaces. Adsorbed-polymer segments may be classified as belonging to loops, trains or tails. There are different techniques used to study the molecular motion of the polymer including modulated differential scanning calorimetry (MDSC)3 and nuclear magnetic resonance (NMR).4,5 in this work, solid-state deuterium (2H) NMR was used to characterize the polymer …

Separation And Quantification Of N-Acetylcysteine-Amide (Naca) By Hplc With Fluorescence Detection, Wei Wu, Glenn Goldstein, Craig D. Adams, Richard H. Matthews, Nuran Ercal

Chemistry Faculty Research & Creative Works

N-acetyl-l-cysteine (NAC) is a well-known antioxidant that is capable of facilitating glutathione (GSH) biosynthesis and replenishing intracellular GSH under oxidatively challenging circumstances. N-acetyl-cysteine-amide (NACA), the amide form of NAC, is a newly designed and synthesized thiol-containing compound which is believed to be more lipophilic and permeable through cell membranes than NAC. The metabolic and antioxidant effects of these compounds in vitro and in vivo are under investigation. However, an analytical method that can separate and quantify both compounds simultaneously is not yet available, to the best of our knowledge. Because of their structural similarities, the two compounds are difficult to …

On Doubly Periodic Solutions Of Quasilinear Hyperbolic Equations Of The Fourth Order, T. Kiguradze, T. Smith

Publications

The problem on doubly periodic solutions is considered for a class of quasilinear hyperbolic equations. Effective sufficient conditions of solvability and unique solvability of this problem are established.

The Discovery Of Self Through Creative Exploration, Stephanie Jo Pointer

Graduate Student Theses, Dissertations, & Professional Papers

Within these pages lie reflections and descriptions of a voyage into unknown territory. A voyage, which has ended, yet is just beginning. Here for your consideration follows a documentation of an artistic process. Humbly, I put before you a modest attempt at presenting a number of personal discoveries made within the last four years. First I had chosen to participate in a program of Integrated Arts, the Creative Pulse. My participation in the Artist-Forest-Community Residency in the Helena National Forest the week before I began the program initiated a desire to present my artwork and become a better teacher. Expanding …

Justice Blackmun, Abortion, And The Myth Of Medical Independence, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this article I test this conventional wisdom by explicitly placing medicine at the center of the analysis of Justice Blackmun's opinions on abortion, and then interrogating the connection between law and medicine. Using the Blackmun papers opened to the public in 2004 and augmented by other documents and sources, I examine four critical periods in Blackmun's life: his years at Mayo; his participation in a series of medicine-related cases prior to Roe; the period of intra-Court dynamics in Roe; and the post-Roe period in which a split developed between Blackmun and Roe's critics over the use of medical rhetoric. …

A 3-Dimensional Evaluation Of Wing Movement In Ground Birds During Flap-Running And Level Flight: An Otogenetic Study, Paolo Stefano Segre

Graduate Student Theses, Dissertations, & Professional Papers

Segre, Paolo Stefano, M.S., December 2006 Biology A 3-dimensional evaluation of wing movement in ground birds during flap-running and Level Flight: an ontogenetic study Chair: Dr. Kenneth P. Dial The science of animal flight requires the quantification of wing movement over a range of behaviors. Despite numerous studies of avian locomotion, we are only beginning to grasp the intricacies of flapping flight. Birds create aerodynamic forces by manipulating the fluid environment of air by beating their wings. The question remains, how do they perform such a wide range of locomotor behaviors (e.g. takeoff, horizontal, flap-running) with their forelimbs? We measure …

Alaskan Eskimo And Polynesian Island Population Skeletal Anatomy: The "Pacific Paradox" Revisited Through Surface Area To Body Mass Comparisons, Wendy Nicole Leach

Graduate Student Theses, Dissertations, & Professional Papers

This project is an attempt to re-examine the “Pacific Paradox”, as proposed by Philip Houghton (1996), through various morphological measurements on two climatically different populations, Alaskan Eskimo and Pacific Island groups. The “Pacific Paradox” has been widely discussed, but research using direct comparisons between this Pacific population and cold climate groups has received little attention. The methods employed are those preformed by Ruff (1994), Ruff et al (1991, 2004, 2005) and Houghton (1996) to create the most accurate determination of overall body form in both populations. Eight measurements were used to construct variables to create an accurate portrayal of overall …

Development Of Cost-Effective, Energy Efficient Steel Framing: Structural Performance Of Slit-Web Steel Wall Studs, Nahb Research Center

CCFSS Library (1939 - present)

No abstract provided.

Adolescence And The Regulation Of Youth Crime, Elizabeth S. Scott

Faculty Scholarship

I am delighted to be a part of this Symposium on Law and Adolescence. My talk today is about adolescent development and juvenile justice policy. Specifically, I will focus on why a legal regime that is grounded in scientific knowledge about adolescence and the role of criminal activity during this developmental period is better for young offenders and for society than the contemporary policy, which often pays little attention to differences between adolescents and adults.

My talk is based on a book on juvenile justice policy I am currently writing with Larry Steinberg, a developmental psychologist who is a leading …

The Slate And Silicified Shale Industry Recovered From The Bridge River Site (Eer14) British Columbia, Sierra A. Mandelko

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Forecasting Using The Mahalanobis-Taguchi System In The Presence Of Collinearity, Elizabeth A. Cudney, Kenneth M. Ragsdell

Engineering Management and Systems Engineering Faculty Research & Creative Works

The Mahalanobis Taguchi System is a diagnosis and forecasting method for multivariate data. Mahalanobis distance is a measure based on correlations between the variables and different patterns that can be identified and analyzed with respect to a base or reference group. the issue of multicollinearity is not adequately addressed in the MTS method. in cases where strong relationships exist between variables, the correlation matrix becomes almost singular, and the inverse matrix is not accurate. Multicollinearity can be handled by utilizing the adjoint matrix of the correlation matrix and Gram-Schmidt orthogonalization. This paper presents a case study of the MTS methodology …

Heuristics And Genetic Algorithms, Michael D. Mobley, Cihan H. Dagli, David Enke

Engineering Management and Systems Engineering Faculty Research & Creative Works

Genetic algorithms are design tools used in generating optimal solutions. While they can often be shown to outperform various heuristic methods and hybrid approaches, using a combination of evolutionary algorithms and heuristic approaches can generate an optimal solution more quickly than either of the two methods independently. Our purpose is to provide an overview of genetic algorithms, to discuss the types of problems that lend themselves to being solved by genetic algorithms, and to identify heuristics that have been shown to aid genetic algorithms in their quest for optimal solutions. While the sample problems discussed in this paper are generally …

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.

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.

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. …

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 …

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, …

Buffalo Hippies, Brooke Gibbs Hewes

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Historical Demography Of The Coeur D' Alene 1900-1930, Christina Joy. Heiner

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Exploring Native American Folklore : Little People And Giants, Frederick E. Harris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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 …

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 …

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

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Turn And Other Stories, Sarah Aswell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.