Digital Commons Network^™

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 …

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 …

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 …

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 …

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.

Democracy, Race, And Multiculturalism In The Twenty-First Century: Will The Voting Rights Act Ever Be Obsolete?, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Part I of this essay begins one hundred years before the passage of the Act, with Reconstruction. I briefly canvas the interracial alliances of the Reconstruction and Redemption periods, underscoring that American democracy has been most responsive to the masses, including working class whites, when interracial alliances between whites and blacks commanded majority power. I then recount how a politics of white supremacy animated and perpetuated racial schisms between blacks and whites for a century in the South. Part II describes how the Act came to be passed, emphasizing the role of protest and coalition politics in its enactment, and …

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 …

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 …

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 …

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 …

Knowing Killing And Environmental Law, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

My goal here is modest: I simply wish to defend the view that the moral commitment against knowing killing should play a role in decisions about environmental problems. In recent years, economic analysis has substantially succeeded in de-ethicizing environmental issues; this paper is part of an effort to re-ethicize them. In previous work, I have criticized the use of cost-benefit analysis in making decisions about the environment. One source of my criticism has been the mismatch between moral values and economic valuation. I have, however, tended to leave the moral values I have defended rather vaguely defined. In this paper, …

Risky Business, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

This article is part of an exchange including Anthony Alfieri and William Simon in the Georgetown Law Journal on the implications of law firms' increasing reliance on the concept of risk management as the focus of efforts to ensure ethical conduct by lawyers. A risk management program involves the adoption of various policies and procedures designed to minimize conduct that may lead to individual and firm liability. Conflicts checking procedures, standard terms in engagement letters, and the requirement of a second signature by a disinterested partner on legal opinions are but a few of such measures. On one hand, the …

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 …

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 …

New Rules For Promissory Fraud, Gregory Klass, Ian Ayres

Georgetown Law Faculty Publications and Other Works

This article summarizes the authors’ recommended reforms to the law of promissory fraud. These recommendations are presented as a Draft Prestatement of the Law of Insincere Promising. The basic propositions of the Prestatement are taken, with some modification, from the authors’ book, Insincere Promises: The Law of Misrepresented Intent (2005). This article adds extensive comments, in the style of the Restatements, and a prose introduction identifying three reforms we deem most important. First, courts should drop their insistence that every promise represents an intent to perform, and treat that representation instead as a default. Second, courts faced with claims of …

Reflections On Scienter (And The Securities Fraud Case Against Martha Stewart That Never Happened), Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

This paper considers what research in cognitive psychology and behavioral economics has to say about one of the basic "state of mind" constructs in the law of fraud: scienter. It takes a clinical approach, examining the securities fraud case that never happened against Martha Stewart. In granting a judgment of acquittal in Stewart's favor on the securities fraud charge, the court seemingly misunderstood the law of scienter, which turns on awareness rather than purpose. But that simply provides an opportunity to think about what awareness means in the context of financial transactions. From publicly available sources, interesting inferences can be …

Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty Of Care As Responsibility For Systems", Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

Revisiting section 3.4.2 of Clark's Corporate Law ('Duty of Care as Responsibility for Systems") reminds us, however, that the internal controls story actually goes back many decades, and that many of the strategic issues that are at the heart of section 404 have long been contentious. My Article will briefly update Clark's account through the late 1980s and 1990s before returning to Sarbanes-Oxley and rulemaking thereunder by the SEC and the newly created Public Company Accounting Oversight Board ("PCAOB"). My main point builds on one of Clark's but digs deeper. Internal controls requirements, whether federal or state, are incoherent unless …

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 …

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 …

The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay uses the proposed Constitution Restoration Act of 2005 as the vehicle for exploring some aspects of contemporary concerns about judicial independence and the mechanisms available to control what might be perceived as abuses of judicial authority . . . I doubt that the Act has a serious chance of enactment, but its introduction provides an opportunity to examine some difficulties associated with congressional control of judicial decision-making. I begin by treating the Constitution Restoration Act as a real statute, asking what its substantive terms mean. I argue that there is substantial tension between what the Act says and …

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

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Who's Afraid Of The Precautionary Principle?, Robert V. Percival

Pace Environmental Law Review

No abstract provided.

Constituting Fundamental Environmental Rights Worldwide, James R. May

Pace Environmental Law Review

No abstract provided.

Who's Who: Exploring The Discrepancy Between The Methods Of Defining African Americans And Native Americans, Keneisha M. Green

American Indian Law Review

No abstract provided.

Developing A School Based Science Curriculum: Teachers' Work As Language Work, Jennifer Ann Barnett

Theses: Doctorates and Masters

While it is widely recognised that language is consequential in teachers' work within the classroom, this thesis argues that it is also consequential in their curriculum development work outside the classroom. The study takes a phenomenological approach based in a single school, and the key data sources are transcripts of teachers' meetings held to develop a new curriculum framework for their junior secondary science classes. The broad aims of the study are to better understand the ways in which language is consequential in that work, to consider the implications these have for understanding school based curriculum development, and to identify …

The Relationship Between Individual Differences, Training In Second Language Aural Comprehension Strategies And Performance In Year 9 Indonesian Language Students, Wendy L. Young

Theses: Doctorates and Masters

There are three distinct but interrelated parts to this research. The first part measures language learning strategies (LLS) and other individual differences (IDs), as well as the relationship between LLS and the other IDs of year 9 students of Indonesian as a foreign language (L2). The second part measures differences in use of LLS between the control and experimental groups, and then over time. The third part measures the effects of training in LLS on listening comprehension. The study had three main aims. One was to determine the relationship between participants' LLS use and their language learning background, affective factors, …

Managing Employees Dependent Care Challenges: Human Resource Professionals' Perspectives, Jennifer R. Bradley, Katherine J. Huffstutter, Eileen M. Brennan, Julie M. Rosenzweig

School of Social Work Faculty Publications and Presentations

PDF version of a presentation given at the 86th annual meeting of the Western Psychological Association, Palm Springs, CA.

Job Satisfaction Of Iowa Public School Principals, Boris Sodoma

Dissertations and Theses @ UNI

In recent decades, job satisfaction has been the theme of numerous studies in both public and private organizations. As some researchers report, the examinations into the job satisfaction of school administrators have been frequently overlooked. Little attention has been given to job satisfaction among public school principals serving at elementary and secondary levels.

On a daily basis a wide variety of demands are being placed on principals. The legislature and taxpayers demand more services, industry expects competent workers, parents insist that social issues ought to be addressed, and the public wants achievement scores to improve. As a result, principals are …