Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2006

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 11101 - 11130 of 11250

Full-Text Articles in Entire DC Network

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 …

Go to article

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 …

Go to article

Knowing Killing And Environmental Law, Lisa Heinzerling Jan 2006

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, …

Go to article

Risky Business, Milton C. Regan Jan 2006

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 …

Go to article

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 …

Go to article

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 …

Go to article

New Rules For Promissory Fraud, Gregory Klass, Ian Ayres Jan 2006

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 …

Go to article

Reflections On Scienter (And The Securities Fraud Case Against Martha Stewart That Never Happened), Donald C. Langevoort Jan 2006

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 …

Go to article

Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty Of Care As Responsibility For Systems", Donald C. Langevoort Jan 2006

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 …

Go to article

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 …

Go to article

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 …

Go to article

The "Constitution Restoration Act" And Judicial Independence: Some Observations, Mark V. Tushnet Jan 2006

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 …

Go to article

Landscaping The "Femme-Jardin" In Despstre's Erotic Trilogy, Anna Kristen Lokowich Jan 2006

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

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Go to article

Constitutional Tipping Points: Civil Rights, Social Change, And Fact-Based Adjudication, Suzanne B. Goldberg Jan 2006

Constitutional Tipping Points: Civil Rights, Social Change, And Fact-Based Adjudication, Suzanne B. Goldberg

Faculty Scholarship

This Article offers an account of how courts respond to social change, with a specific focus on the process by which courts "tip" from one understanding of a social group and its constitutional claims to another. Adjudication of equal protection and due process claims, in particular, requires courts to make normative judgments regarding the effect of traits such as race, sex, sexual orientation, or mental retardation on group members' status and capacity. Yet, Professor Goldberg argues, courts commonly approach decisionmaking by focusing only on the 'facts" about a social group, an approach that she terms 'fact-based adjudication." Professor Goldberg critiques …

Go to article

Infant Safe Haven Laws: Legislating In The Culture Of Life, Carol Sanger Jan 2006

Infant Safe Haven Laws: Legislating In The Culture Of Life, Carol Sanger

Faculty Scholarship

This Article analyzes the politics, implementation, and influence of Infant Safe Haven laws. These laws, enacted across the states in the early 2000s in response to much-publicized discoveries of dead and abandoned infants, provide for the legal abandonment of newborns. They offer new mothers immunity and anonymity in exchange for leaving their babies at designated Safe Havens. Yet despite widespread enactment, the laws have had relatively little impact on the phenomenon of infant abandonment. This Article explains why this is so, focusing particularly on a disconnect between the legislative scheme and the characteristics of neonaticidal mothers that makes the use …

Go to article

Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens Jan 2006

Aggravating Youth: Roper V Simmons And Age Discrimination, Elizabeth F. Emens

Faculty Scholarship

In Roper v. Simmons, the Supreme Court confronted a difficult question: Given that being younger than eighteen is merely a proxy for diminished culpability, why not let jurors decide whether youth mitigates the culpability of an individual sixteen- or seventeen-year-old offender? The Court's subtle answer draws on psychological literature about the differences between juveniles and adults, but ultimately depends as much on concerns about the mind of the adult juror as on the distinctive traits of juveniles. Read in its best light, Kennedy's opinion seems to turn on the insight that while age-based classifications are rational – they are a …

Go to article

The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens Jan 2006

The Sympathetic Discriminator: Mental Illness, Hedonic Costs, And The Ada, Elizabeth F. Emens

Faculty Scholarship

Social discrimination against people with mental illness is widespread. Treating people differently on the basis of mental illness does not provoke the same moral outrage as that inspired by differential treatment on the basis of race, sex, or even physical disability. Indeed, many people would freely admit preferring someone who does not have a mental illness as a neighbor, dinner party guest, parent, partner, or person in the next seat on the subway. Moreover, more than ten years after the Americans with Disabilities Act (the "ADA" or "Act") expressly prohibited private employers from discriminating on the basis of mental, as …

Go to article

Who's Afraid Of The Precautionary Principle?, Robert V. Percival Jan 2006

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

Pace Environmental Law Review

No abstract provided.

Go to article

Constituting Fundamental Environmental Rights Worldwide, James R. May Jan 2006

Constituting Fundamental Environmental Rights Worldwide, James R. May

Pace Environmental Law Review

No abstract provided.

Go to article

Who's Who: Exploring The Discrepancy Between The Methods Of Defining African Americans And Native Americans, Keneisha M. Green Jan 2006

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.

Go to article

Developing A School Based Science Curriculum: Teachers' Work As Language Work, Jennifer Ann Barnett Jan 2006

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 …

Go to article

Constraints To Youth Participation In The Current Federal Political Environment, Judith G. Bridgland Sorenson Jan 2006

Constraints To Youth Participation In The Current Federal Political Environment, Judith G. Bridgland Sorenson

Theses: Doctorates and Masters

This research explores the constraints to youth participation through the mechanism of the National Youth Roundtable. In 1999 the National Youth Roundtable was established as the centrepiece of the Federal Government's `Voices of Youth' initiative, designed to go to the grass roots of the youth population and seek their participation on matters of policy development. This was to be the new interface between young people and the Australian government, replacing the peak body for youth affairs as a more effective participation mechanism.

Go to article

Madam Pele: Novel And Essay, Jud L. House Jan 2006

Madam Pele: Novel And Essay, Jud L. House

Theses: Doctorates and Masters

Novel. My novel deals with the themes of obsession, jealousy, volatility, and revenge, while simultaneously dealing with the more benign theme of love within relationships, and holiday-mode pleasures. Divided into different narrative voices, it traces the interweaving stories of Madam Pele, Goddess of volcanoes and lava, a small lava rock, and Di and Paul, both during their past holiday in Hawaii, and in the present in Perth. Inadvertantly transporting Pele within the rock on their return from Hawaii, they unwittingly release her rage upon their city. Essay. In this essay I cover contemporary theoretical considerations, such as Modernism, Postmodernism and …

Go to article

A Bell In The Storm: Persistent Unexplained Pain And The Language Of The Uncanny In The Creative Neurophenomenal Reference, David A. Buchanan Jan 2006

A Bell In The Storm: Persistent Unexplained Pain And The Language Of The Uncanny In The Creative Neurophenomenal Reference, David A. Buchanan

Theses: Doctorates and Masters

A Bell in the Storm - Persistent unexplained pain and the language of the uncanny in the creative neurophenomenal reference is a doctoral work comprised of three parts. Part 1 is an exegesis Persistent unexplained pain and the language of the uncanny in the creative neurophenomenal reference; Part 2 is The Plays, A Bell in the Storm (produced by deckchair theatre in May, 2005) and the radio play To Fall Without Landing (produced by the Australian Broadcasting Commission for Radio National in October 2005); and, Part 3 the book of monochord poems, Secrets of the Driftwood.

Go to article

A Case Study Investigation Of The Development And Treatment Of Alter Personalities In Dissociative Identity Disorder, Ian Brown Jan 2006

A Case Study Investigation Of The Development And Treatment Of Alter Personalities In Dissociative Identity Disorder, Ian Brown

Theses: Doctorates and Masters

Progress in the study and treatment of Dissociative Identity Disorder (DID) has been hampered by ideological debate regarding its validity. This is particularly the case when patient's suffering from DID also report ritualistic abuse. Part of the difficulty has been that past studies have not established independent checks to assess whether alters are artefacts introduced by therapeutic bias. This study addressed this issue by using independent judges to test the validity of a patient being treated for DID who claimed ritualistic abuse. The judges were 16 clinicians with an average of 21 years experience in their respective disciplines. The study …

Go to article

The Role Of Metacognitive Strategies In Promoting Learning English As A Foreign Language Independently, Chayada Danuwong Jan 2006

The Role Of Metacognitive Strategies In Promoting Learning English As A Foreign Language Independently, Chayada Danuwong

Theses: Doctorates and Masters

One of the challenges facing universities in Thailand is that of equipping graduates with the capacity for independent analytical thinking and learning which will enable them to operate in a global context while also contributing constructively to the changing needs of the local scene. The ability to think analytically and to learn independently calls for learners to be purposeful, strategic, and persistent in learning as well as to have more adaptive cognitive processes and the willingness to take charge of their learning. This is the role of metacognition in learning autonomy across domains. This thesis reports on research which has …

Go to article

Resistance Exercise In Men Receiving Androgen Deprivation Therapy For Prostate Cancer, Daniel A. Galvao Jan 2006

Resistance Exercise In Men Receiving Androgen Deprivation Therapy For Prostate Cancer, Daniel A. Galvao

Theses: Doctorates and Masters

This thesis encompasses two literature reviews (chapter 2 & 3) and two experimental chapters (4 and 5) examining the available literature on exercise and cancer, resistance training and its anabolic responses in older men and women, the side effects of Androgen Deprivation Therapy (ADT) for prostate cancer and finally, the role of resistance exercise as a clinical intervention to counteract such changes as an adjuvant therapy.

Go to article

Discrepancies In Intimate Violence Reporting For Men And Women's Violence: A Meta-Analysis, James L. Herbert Jan 2006

Discrepancies In Intimate Violence Reporting For Men And Women's Violence: A Meta-Analysis, James L. Herbert

Theses: Doctorates and Masters

The report of intimate violence is often taken on face value in research. With no gold standard existing, one partner's report is often an accepted measure of violence in the relationship. This discrepancy in reporting between intimate partners has been thoroughly examined, yet researchers still debate the reliability of single partner reporting. The current study extends upon the Archer (1999) meta-analysis of intimate violence discrepancy reporting, and includes current studies, instruments and research methods in the analysis. This study examines the discrepancy effect among thirty-four samples from studies of heterosexual intimate violence, finding that the discrepancy in general was sizeable …

Go to article

Controlling Involvement To Promote Confidence In Palliative Care Decisions - A Grounded Theory From The Patient's Perspective, Susan F. Lee Jan 2006

Controlling Involvement To Promote Confidence In Palliative Care Decisions - A Grounded Theory From The Patient's Perspective, Susan F. Lee

Theses: Doctorates and Masters

Decision making in the context of palliative care is particularly complex given the unpredictable illness trajectories experienced by patients and the number of individuals who may be part of the decision making process. This grounded theory study explored and described from the perspective of patients with advanced illness, their experiences of making care decisions. A review of literature at the commencement of the study indicated that there was a lack of evidence to support the best way of ascertaining patient's preferences for involvement in decisions in a palliative care context and almost no research to guide clinicians about the involvement …

Go to article

The Obstacles In Women's Pathway To Principalship, Mahshid Pirouznia Jan 2006

The Obstacles In Women's Pathway To Principalship, Mahshid Pirouznia

Theses: Doctorates and Masters

The research problem is to investigate the obstacles of women seeking the principalship in public education; and also to explore major changes of different obstacles to women's principalship because women's roles have changed over time. Different obstacles in women's pathway to principalship are: low self-image; lack of encouragement; myths about women's work; sex stereotyping; lack of aspiration; role conflict; low self-esteem; family responsibilities; lack of mobility; and hiring and promoting practices. The research questions are: 1. what are the barriers for women who did not obtain a principalship or assistant principalship. 2. what are the barriers for women who obtained …

Go to article

First Prev Next Last