Digital Commons Network^™

Stage Center Theatre Newsletter- Dec. 2006, Ilknur R. Ozgur

Stage Center

No abstract provided.

Generation X In Law School: How These Law Students Are Different From Those Who Teach Them, Joanne Ingham, Robin A. Boyle

Faculty Publications

(Excerpt)

Generation X is the group of approximately forty-five million people born between 1961 to 1981. They have been dubbed Generation X, or Gen Xers for short, because there seemed to be nothing dramatic about their experience—not the Vietnam War, not the Civil Rights movement, not the Second Wave of the Feminist Movement. They also have a reputation for disengagement. Gen Xers have been described as disrespectful and suspicious of authority. These stereotypes can negatively influence how law professors conduct their classes and treat their students in general.

This article presents the results of a multi-year study that examined the …

"One Good Man": The Jacksonian Shape Of Nuremberg, John Q. Barrett

Faculty Publications

(Excerpt)

Robert H. Jackson (1892-1954) was a Justice of the Supreme Court of the United States when President Truman asked him in April 1945 to take on, and Jackson accepted responsibility to be the chief United States prosecutor of Nazi war criminals. The International Military Tribunal proceedings that commenced seven months later in Nuremberg, Germany—the first and, in public memory, the Nuremberg trial—are, like Jackson himself, well-known, especially to this audience of participants, witnesses and experts.

The Nuremberg story of Justice Jackson—he who was first among Allied equals at Nuremberg; he who was its architect—is not, however, merely a story …

Medellin, Norm Portals, And The Horizontal Integration Of International Human Rights, Margaret E. Mcguinness

Faculty Publications

(Excerpt)

The dominant narrative of the Medellín v. Dretke line of cases challenging widespread noncompliance by the United States with the notification provisions of Article 36 of the Vienna Convention on Consular Relations (VCCR) tells a story of vertical treaty enforcement. The United States has agreed to be bound by a treaty that requires law enforcement authorities to inform foreign nationals arrested in this country of their right to notify their consulates and also requires authorities to permit the foreign consulate to assist its nationals. The United States has further agreed that the International Court of Justice (ICJ) has jurisdiction …

Exploring The Limits Of International Human Rights Law, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

The Limits of International Law stands on the shoulders of international relations realists who have traditionally argued that international law does not affect interstate relations and is therefore unworthy of much scholarly attention. International law scholars have in many ways set out to disprove the realist claim and explain the sources and effects of law as separate from politics: Why do states, which are driven primarily (according to realist theory) by a need to protect and expand security interests, insist on using international law at all? In Limits, Jack Goldsmith and Eric Posner engage both the international relations …

Multilateralism And War: A Taxonomy Of Institutional Functions, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

The dichotomy that emerged from the debate over the United States' invasion of Iraq, pitting multilateralism against unilateralism, has generally obscured more than it has enlightened about the law, rationales and effectiveness of multilateralism in war. This Article examines "security multilateralism" and concludes that, while the authority to address peace and security is, as a matter of international law, aggregated at the Security Council, the functions through which the United Nations works in support of that aggregated legal mandate are dispersed throughout the organization and affiliated bodies. Inquiries that seek to measure the effectiveness of U.N. security multilateralism against …

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 …

Culture In Our Midst, Elaine M. Chiu

Faculty Publications

Culture, like race, class, gender, sexual orientation and wealth is one of many ways in which the law is not neutral. Indeed, culture is a source of law. Yet, as traditional legal positivists have taught us, the law or legal doctrine can prove to be more powerful than culture, often outlasting it. The “mirror image” theory states that the laws of a particular locale reflect the culture of that locale. The law merely serves as enforcement of the common decency, propriety and morality of that culture. Not only is this understanding appealingly simple, it is often invoked by judges and …

From The Editors, Neal Lerner, Elizabeth Boquet

The Writing Center Journal

No abstract provided.

Announcements

The Writing Center Journal

No abstract provided.

Livre Comércio E O Meio Ambiente, Darren Rosenblum

Faculty Publications

(Excerpt)

Primeiramente eu gostaria de agradecer a Cláudia Lima Marques por organizar esta interessante e empolgante conferência. Devo fazer um prefácio dos meus comentários dizendo que a minha bolsa se foca mais em leis de comércio internacional do que direito ambiental. Contudo é claro para mim que estas duas áreas estão substancialmente relacionadas, como ficará claro através da minha fala de hoje.

Esta apresentação se focará na questão do "livre comércio" nos Estados Unidos e o impacto doméstico no meio ambiente. Então, irei falar dos aspectos gerais do crescente sistema de comércio global. Finalmente irei fazer paralelos entre a economia …

What Independent Directors Should Expect From Inside Directors: Smith V. Van Gorkom As A Guide To Intra-Firm Governance, Cheryl L. Wade

Faculty Publications

(Excerpt)

Smith v. Van Gorkom is the watershed case in which the board of a public company was held liable for breach of its fiduciary duty of care. The board of Trans Union Corporation (Trans Union) approved the company's sale to Jay Pritzker after a twenty-minute oral presentation by Chief Executive Officer Jerome Van Gorkom. The board spent only two hours considering Pritzker's offer before approving it. The directors received no notice or information before the meeting that its purpose was to approve the company's sale to Pritzker, nor did they receive anything in writing describing the proposed deal. No …

Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade

Faculty Publications

(Excerpt)

The Symposium on Women and the "New" Corporate Governance began with an opening address by Sheila Wellington, the President of Catalyst. "Don't change women," she said, "change corporations." I agree with Ms. Wellington, but I would go one step further by observing that companies will change only if men change. The overwhelming majority of the directors and officers who manage and govern large public companies in the United States are white men. Public companies will enjoy healthy relationships with their women employees only to the extent encouraged and facilitated by the men who control these corporations. But how does …

"Just Chuck It: I Mean, Don't Get Fixed On It": Self Presentation In Writing Center Discourse, Susan Wolff Murphy

The Writing Center Journal

No abstract provided.

Implementation Of A Non-Metallic Reinforced Bridge Deck, Volume 2: Thayer Road Bridge, Robert J. Frosch, Ali Cihan Pay

JTRP Technical Reports

The primary maintenance problem with bridges in Indiana has been deterioration of the concrete deck which is often related to corrosion of the reinforcing steel. While a corrosion protection system consisting of epoxy-coated reinforcement in combination with 2-1/2 in. of Class C concrete cover has been used in Indiana, research and experience have demonstrated that this system can be compromised. As an alternative solution to the corrosion problem in reinforced concrete, fiber reinforced polymer (FRP) bars which are corrosion resistant can be provided as reinforcement. This research was divided into two phases directed towards the implementation of a nonmetallic reinforced …

The Fourth Amendment: Internal Revenue Code Or A Body Of Principles?, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

The Supreme Court has made the body of Fourth Amendment law too complicated, inconsistent, and confusing. Prior to Mapp v. Ohio, in 1961, the Court focused its attention on federal law enforcement and devoted less of its docket to criminal procedure cases. After Mapp, the Court was called upon to review state cases and forced to deal with the myriad of state law enforcement issues that inevitably arise. Since Mapp, the Court has made the meaning of the relatively few words that constitute the Fourth Amendment extremely complicated, so that the total body of Fourth Amendment law has begun to …

The Weight Of The World: Consuming Traditional Masculine Ideologies, Andrew Dunne, Olivia Freeman, Roger Sherlock

Articles

This paper explores the relationship between the body, masculinity and the consumption of body-focussed activities. It examines the meaning and importance of strength training for men.
Strength training is of interest because its increase in popularity is occurring at a particular point in time when a growing number of men are experiencing insecurities over their masculine identities as a result of recent socio-economic changes. This paper proposes that men today are facing a dilemma in terms of masculine identity. This dilemma hinges on the growing objectification of the male body in the media and its cultural messages regarding masculinity.

Culture As Justification, Not Excuse, Elaine M. Chiu

Faculty Publications

The wide discussion of cultural defenses over the last twenty years has produced very little actual change in the criminal law. This Article urges a reorientation of our approach thus far to cultural defenses and aspires to move the languishing discussion to a more productive place. The new perspective it proposes is justification. The Article asks the criminal law to make doctrinal room for defendants to argue that their allegedly criminal acts are justified acts, and not excused acts, based on the values and norms of their minority cultures. Currently, the criminal law deals with such acts of minority defendants …

Recoiling From Religion, Marc O. Degirolami

Faculty Publications

This is an essay reviewing Professor Marci A. Hamilton's book, GOD VS. THE GAVEL: RELIGION AND THE RULE OF LAW (Cambridge Univ. Press 2005).

Professor Marci Hamilton has written a forceful and obviously heartfelt book that should give pause to committed champions of religious free exercise. She argues convincingly that religious freedom is too often invoked to shield opprobrious and socially harmful activity, and she describes numerous examples of such abuses that make any civilized person's blood run cold. Her avowed aims are to debunk the “hazardous myth” that religion is “inherently and always good for society” and to increase …

Formalism In American Contract Law: Classical And Contemporary, Mark L. Movsesian

Faculty Publications

It is a universally acknowledged truth that we live in a formalist era—at least when it comes to American contract law. Much more than the jurisprudence of a generation ago, today's cutting-edge work in American contract scholarship values the formalist virtues of bright-line rules, objective interpretation, and party autonomy. Policing bargains for substantive fairness seems more and more an outdated notion. Courts, it is thought, should refrain from interfering with market exchanges. Private arbitration has displaced courts in the context of many traditional contract disputes. Even adhesion contracts find their defenders, much to the chagrin of communitarian scholars.

This is …

Photopolymer Diffractive Optical Elements In Electronic Speckle Pattern Shearing Interferometry, Emilia Mihaylova, Izabela Naydenova, Barry Duignan, Suzanne Martin, Vincent Toal

Articles

In this paper we present an electronic speckle pattern shearing interferometer using a photopolymer diffractive optical element in the form of a holographic grating, in combination with a ground glass to shear the images. The sheared images on the ground glass are further imaged onto a CCD camera. The distance between the grating and the ground glass can be used to control the shear and to vary the sensitivity of the system. The direction of sensitivity is easily controlled by rotation of the diffraction grating around its normal. Introducing photopolymer holographic gratings in ESPSI gives the advantage of using high …

The Necessity Of Sex Change: A Struggle For Intersex And Transsex Liberties, Noa Ben-Asher

Faculty Publications

(Excerpt)

Transsex individuals often desire the future body that they should have, while intersex individuals often mourn the body they had before an unwanted normalizing surgery interfered with it. Thus, Judith Butler, a dominant feminist-queer theorist who has had a significant role in the shaping of queer theory and politics since the early 1990s, has lately commented that "intersex and transsex sometimes seem to be movements at odds with each other, the first opposing unwanted surgery, the second sometimes calling for elective surgery ...." This proposition serves as a point of departure for this Article, which explores current legal …

Decentering The Firm: The Limited Liability Company And Low-Wage Immigrant Women Workers, Miriam A. Cherry

Faculty Publications

(Excerpt)

Imagine the following scenario: a group of immigrant women clean houses and offices in the suburbs of a large northeastern city. These workers speak languages other than English. Therefore they depend on an intermediary, another immigrant who has been in the United States for a longer period of time, to solicit jobs, negotiate schedules, and communicate with customers. Although this “intermediary” does not actually perform any of the cleaning work, the intermediary’s “cut,” or share of the income generated, is substantial. The immigrant workers are typically paid a low wage, often averaging below the minimum wage set by the …

Tiresias And The Justices: Using Information Markets To Predict Supreme Court Decisions, Miriam A. Cherry, Robert L. Rogers

Faculty Publications

(Excerpt)

In ancient Greek mythology, oracles and seers could foretell the actions of gods and kings. With these predictions, ordinary citizens could glimpse the future actions of their rulers, and the recipients treasured those insights.

Such knowledge may be more than myth. This Article explores the power of the information market, an economic instrument that allows groups of participants to merge their collective knowledge to make predictions. Specifically, we discuss the application of information markets to predicting Supreme Court decisions. The implications are significant: Supreme Court rulings determine issues critical to American politics and business, ranging from the Fifth Amendment …

Contesting The "Sovereigntists": How To Learn To Stop Worrying And Love International Institutions, Margaret E. Mcguinness

Faculty Publications

(Excerpt)

It has become fashionable in some quarters of the United States to denounce the "outsourcing" of American sovereignty to international courts, the United Nations (UN), and the World Trade Organization (WTO).The central debate between these "sovereigntists" opposed to broad U.S. participation in international organizations (IOs) and "internationalists" who support such participation is not over the legal effect of conferring governmental functions on international institutions, but rather over the implications of such conferrals for democracy and national security: Does participation in international institutions strengthen or weaken U.S. democracy? Do IOs limit the ability of the government to protect national security? …

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Faculty Publications

(Excerpt)

To force an end to the seemingly interminable war with Sparta, Lysistrata, the title character in Aristophanes’ comedy, exhorts the women of Athens to achieve peace by arousing their husbands’ desires while refusing them any gratification. This political act would force the men to end the war: “[d]oesn’t matter what they threaten to do — even if they try to set fire to the place — they won’t make us open the gates except on our own terms.”

Two thousand three hundred years later, democracy and gender still have a tortured relationship. Although most democracies provided women with the …

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, Robin A. Boyle

Faculty Publications

(Excerpt)

Most law school classes are likely to include students with Attention Deficit Disorder ("ADD") or its related disorder - Attention Deficit Hyperactivity Disorder. ADD is a neurological disorder, and many people with it additionally have learning disabilities. Law students with ADD that manifests itself in learning disabilities are the focus of this Article. There has been a growth of services for those with ADD, such as counseling, but unfortunately, "less attention is paid to the thousands of teachers who have been charged with instructing" ADD students. It is imperative for teachers to be equipped for teaching ADD students. To …

Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen

Faculty Publications

Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.

To what extent …

Contract Drafting Courses For Upper-Level Students: Teaching Tips, Robin A. Boyle

Faculty Publications

(Excerpt)
/="/">Contract-drafting courses are gaining in popularity in law school, and they are a pleasure to teach. On July 20–21, 2005,Northwestern University School of Law provided the location and Judith A. Rosenbaum provided on-site assistance in hosting the first national conference, in recent times, on the topic of contract drafting. The conference was aptly called “Teaching Contract Drafting.” Approximately 100 participants attended, which was significantly more than the organizers expected. The conference’s large attendance indicates the need and growing enthusiasm for guidance on how to develop and teach contract drafting courses. The organizers of the conference, Susan Irion, Richard …

Markets For Markets: Origins And Subjects Of Information Markets, Miriam A. Cherry, Robert L. Rogers

Faculty Publications

(Excerpt)

After the death of Pope John Paul II, a papal conclave convened to elect his successor. The media speculated that certain candidates were the "frontrunners" to watch. At the same time, pools formed on web sites to predict the outcome of the conclave, either for fun (using virtual money) or for profit. Throughout the days that the conclave met in April of 2005, trading continued, and ultimately the various markets predicted both that Cardinal Joseph Ratzinger would emerge as the next pope and that he would choose the name Benedict XVI. After the white smoke signifying a new pope …