Digital Commons Network^™

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 …

Brief History And Introduction To Blücher Archive, Jeffrey Katz

Related Materials

The following introduction and brief history was written by Jeff Katz, former Director of Bard College Libraries (retired 2018), at the first launch of the Blücher Archive in 2006.  The letter he references from Alexander Bazelow to Heinrich Blücher is attached to this submission as supplemental materials.

2006 - Performances, Neiu Music Department

Music Department Performance Programs

Student Recital, Woodwind Area Recital, Student Composers Recital, Percussion Showcase, Caribe

Law, Ideology, And Strategy In Judicial Decision Making: Evidence From Securities Fraud Actions, Michael A. Perino

Faculty Publications

Legal academics and political scientists continue to debate whether the legal, attitudinal, or strategic model best explains judicial decision making. One limitation in this debate is the high-court bias found in most studies. This article, by contrast, examines federal district court decisions, specifically interpretations of the Private Securities Litigation Reform Act of 1995. Initial interpretations of the Act articulated distinct liberal and conservative positions. The data compiled here support the hypothesis that the later emergence of an intermediate interpretation was the result of strategic statutory interpretation rather than simply judges acting consistently with their ideological preferences, although there is some …

The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami

Faculty Publications

The rise of the religious, or "faith-based," prison at the turn of the twenty-first century bears witness to the remarkable resilience of religion in shaping the philosophy of punishment. In the last decade, prisons that incorporate religion in various ways have sprouted around the country and there are some indications, though preliminary, inconclusive, and hotly contested, that inmates who participate in religious instruction and “programming” recidivate at lower rates than those who do not. The early success of these programs (and, some say, the preferential treatment accorded to participants in them) has resulted in high demand and long waiting lists. …

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 …

Implications Of Mass Education On Chemistry Higher Education, Christine O'Connor

Conference Papers

The following paper discusses the implications of government policy on widening of participation at third level institutes. The increase in ‘non-traditional’ students has been widely recognised on an international scale; however some inequality issues still exist. The ‘struggles’ associated with widening of participation and creating a ‘new’ student type is discussed in particular reference to chemistry education. A change in mindset of staff on their pedagogical approach to cater for a diverse student body with a broad range of learner types is required. This must be supported from a departmental and institutional level. A look at the literature to investigate …

The New Reality Of International Telecommunications Strategy, Robert C. Fonow

Defense and Technology Papers

This paper considers the relative decline of American Telecommunications leadership from geopolitical and technical perspectives. This decline is important to recognize and understand because it is masked by the achievements of the American economy and U.S. military successes since the end of the Cold War.

Transfer Of Training From Flight Training Devices To Flight For Ab-Initio Pilots, Nickolas D. Macchiarella, Pamela K. Arban, Shawn M. Doherty

Publications

The application of flight simulation to meet pilot training needs continues to evolve. Flight simulations built with powerful and inexpensive computers are making high fidelity simulation available as a medium for training ab-initio pilots at Pilot Schools and Training Centers. The researchers conducted an 18-month study that applied an experimental flight-training curriculum comprised of 60% flight training device (FTD) flight and 40% airplane flight to certify Private Pilots under Federal Aviation Regulation (FAR) Part 142. The results from the research provided data to ascertain the effective transfer for each flight-training task. Ab-initio student pilots practiced each task to standard in …

Ethical Attitudes Of Business Information Systems Students: An Empirical Investigation, Leila Halawi, Silva Karkoulian

Publications

This paper discusses attitudes toward ethical issues in information systems. Approximately 150 subjects were drawn from two populations: full-time undergraduate business information systems students and full-time master’s students. The subjects read a subset of six ethical scenarios. Hypotheses were tested for significant differences between the undergraduate students’ beliefs and those of graduate students, and female and male students who responded to the same scenarios.

Health Information Literacy And Competencies Of Information Age Students: Results From The Interactive Online Research Readiness Self-Assessment (Rrsa), Lana Ivanitskaya, Irene O'Boyle, Anne Marie Casey

Publications

This study aimed to measure the proficiency of college-age health information consumers in finding and evaluating electronic health information; to assess their ability to discriminate between peer-reviewed scholarly resources and opinion pieces or sales pitches; and to examine the extent to which they are aware of their level of health information competency.

Restructuring Special Operations Forces For Emerging Threats, David Tucker, Christopher J. Lamb

Strategic Forums

Special Operations Forces (SOF) are vital for combating terrorism and the proliferation of weapons of mass destruction. SOF prominence in these missions has only grown since September 11, 2001, when the Nation realized its unprecedented power did not shield it from devastating unconventional attacks. While SOF are consumed by their operations in the war on terror, national leaders need to acknowledge neither Washington nor U.S. Special Operations Command (USSOCOM) is organized for optimal use of SOF.

An Approach To Teaching Pid Controller Tuning, Aidan O'Dwyer

Conference papers

This paper discusses an approach to the teaching of PID controller tuning methods to students in control engineering at Dublin Institute of Technology. The method involves analytically calculating the gain margin, phase margin and maximum sensitivity for PI and PID controlled systems whose process is modelled in first order lag plus time delay (FOLPD) form. Students can examine the performance of many tuning rules from graphical results, allowing insight to be developed as to the most rational choice of the tuning rule for the application. Some preliminary work done to develop an expert system to allow a greater automation of …

A Case Study In Modeling And Process Control: The Control Of A Pilot Scale Heating And Ventilation System, Robin Mooney, Aidan O'Dwyer

Conference papers

This paper details the control of a pilot scale laboratory heating and ventilation system. The system is represented in 2x2 multi-input, multi-output (MIMO) form. A process reaction curve identification technique was used to model (in first order lag plus delay - FOLPD - form) the flow process and temperature process portions of the system, over a range of operating conditions. Tests revealed that both processes were continuously non-linear. A gain scheduler with static decoupling was designed, using look-up tables, to continuously interpolate for the most suitable proportional-integral (PI) or proportional-integral-derivative (PID) controller settings and decoupler gains. The contribution of this …

Pi And Pid Controller Tuning Rules: An Overview And Personal Perspective, Aidan O'Dwyer

Conference papers

The ability of PI and PID controllers to compensate many practical processes has led to their wide acceptance in industrial applications. The requirement to choose two or three controller parameters is most easily done using tuning rules. Starting with a general discussion of industrial practice, the paper provides a survey of additional tuning rules for continuous-time PI and PID control of time-delayed single-input, single-output (SISO) processes, to those explored in a recent book by the author.

Reducing Energy Costs By Optimizing Controller Tuning, Aidan O'Dwyer

Conference papers

The proportional integral derivative (PID) controller is the most dominant form of automatic controller in industrial use today. With this technique, it is necessary to adjust the controller parameters according to the nature of the process. This tailoring of controller to process is known as controller tuning. Controller tuning is easily and effectively performed using tuning rules (i.e. formulae for controller tuning, based on process information). Such tuning rules allow the easy set up of controllers to achieve optimum performance at commissioning. Importantly, they allow ease of re-commissioning if the characteristics of the process change. The paper outlines the results …