Digital Commons Network^™

Equality In The War On Terror, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Today, much public attention and litigation in the wake of the government's response to the September 11, 2001 attacks centers on one or another claims about the government's substantive illegality (such as claims based on the Due Process Clause). This is a mistake. Instead of focusing on the ultimate individual liberty questions, challenges should first focus on equality.

Since the terrorist attacks, the government has repeatedly singled out aliens for special disfavor. For example, the Military Commissions Act blatantly discriminates against aliens - shunting the 20 million green-card holders and 5 billion people across the planet into a different, and …

‘Plucking The Mask Of Mystery From Its Face’: Jurisprudence And H.L.A. Hart, John Mikhail

Georgetown Law Faculty Publications and Other Works

Until recently, little was known of H.L.A. Hart's private life. That has now changed with the publication of Nicola Lacey's A Life of H.L.A. Hart: The Nightmare and the Noble Dream. Drawing on Hart's notebooks and correspondence, Lacey paints an illuminating portrait of Hart, which reveals that despite his public success he struggled with internal perplexities, including his sexual orientation, Jewish identity, intellectual insecurity, and unconventional marriage. Yet, as critics have noted, the connection between these revelations and the development of Hart's ideas is unclear. Moreover, one cannot help but wonder whether by focusing on these aspects of Hart's personal …

Three Pictures Of Contract: Duty, Power And Compound Rule, Gregory Klass

Georgetown Law Faculty Publications and Other Works

A fundamental divide among theories of contract law is between those that picture contract as a power and those that picture it as a duty. On the power-conferring picture, contracting is a sort of legislative act, in which persons determine what law will apply to their transaction. On the duty-imposing picture, contract law puts duties on persons entering into agreements for consideration whether they want them or not. Until now, very little attention has been paid to the problem of how to tell whether a given rule is power conferring or duty imposing -- a question that should lie at …

Do Charter Schools Threaten Public Education? Emerging Evidence From Fifteen Years Of A Quasi-Market For Schooling, James Forman Jr.

Georgetown Law Faculty Publications and Other Works

Supporters of public education have long feared that charter schools will threaten the public system, both by 1) creaming off the most advantaged students and 2) undermining political support for the public system. These fears have not been borne out. Blacks are disproportionately in charters, whites are disproportionately in traditional public schools, and Hispanics are fairly evenly distributed between the two. Looking at class measures, poor students are distributed fairly equally between the two types of schools. And turning to other measures of privilege, the evidence does not point strongly in either direction. My conclusions are not without qualification. The …

Author's Response, John H. Jackson

Georgetown Law Faculty Publications and Other Works

It is a privilege for me to have received the attention to my latest book of such a trio of expertise and scholarly balanced policy perspectives from three different disciplines : economics, law, and diplomacy. It is also a privilege and honor for me to receive from each of these three sometimes divergent disciplines a general overall recognition of what I sought to accomplish in this book. I congratulate the reviewers. The book has an intricate logical structure but struggles with huge amounts of empirical information, in a purposefully short work. All three authors have recognized these features, and seem …

Book Review: Social Justice: The Moral Foundations Of Public Health And Health Policy, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is a review of Social Justice: The Moral Foundations of Public Health and Health Policy by Madison Powers & Ruth Faden (2006).

In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice. How much inequality in health can a just society tolerate? In a world filled with inequalities in health and well-being, which inequalities matter most and are the most morally urgent to address? In order to answer these questions, Powers and Faden develop a unique theory of social justice that, while developed for the specific contexts of public health and health …

It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

While scholarship regarding the Supreme Court's noncommercial speech doctrine has often focused on the level of protection for truthful, non-misleading commercial speech, scholars have paid little attention to the exclusion of false or misleading commercial speech from all First Amendment protection. Examining the underpinnings of the false and misleading speech exclusion illuminates the practical difficulties that abolishing the commercial speech doctrine would pose. Through a series of fact patterns in trademark and false advertising cases, this piece demonstrates that defining what is false or misleading is often debatable. If commercial speech were given First Amendment protection, consumer protection and First …

Why The Customer Isn’T Always Right: Producer-Based Limits On Rights Accretion In Trademark, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

In this article the author responds to James Gibson’s article Risk Aversion and Rights Accretion in Intellectual Property Law, which offers valuable insights into the extra-judicial dynamics that have contributed to the seemingly unending expansion of copyright and trademark rights over the past few decades. Her response focuses on the trademark side of that expansion. The theoretical basis for granting trademark rights is that, if consumers perceive that a mark or other symbol indicates that a single source is responsible for a product or service—whether through physical production, licensing, sponsorship, or other approval—then the law should give effect to …

Affirmative Inaction, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Perhaps the most exasperating aspect of racial discrimination in the United States is the self-righteous manner in which it is practiced. After a history of facilitating white exploitation of minority interests, the Supreme Court intimated in Grutter v. Bollinger that time was running out for racial minorities to take advantage of the opportunities for equality that the culture has offered in the form of affirmative action. Justice O'Connor's majority opinion seemed to say that in another twenty-five years, the Court would cease to tolerate such special favors for racial minorities, thereby leaving minorities only a limited amount of time remaining …

Underlying Principles, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In his forthcoming article, Original Meaning and Abortion, Jack Balkin makes the startling disclosure that he is now an originalist. "[C]onstitutional interpretation," he writes, "requires fidelity to the original meaning of the Constitution and to the principles that underlie the text. The task of interpretation is to look to original meaning and underlying principle and decide how best to apply them in current circumstances. I call this the method of text and principle."

In this brief reply, the author cautions that, to remain faithful to the Constitution when referring to underlying principles, we must never forget it is a text …

Originalism And The Natural Born Citizen Clause, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The enigmatic phrase "natural born citizen" poses a series of problems for contemporary originalism. New originalists, like Justice Scalia, focus on the public meaning of the constitutional text, but the notion of a "natural born citizen" was likely a term of art, derived from the idea of a "natural born subject" in English law--a category that most likely did not extend to persons, like John McCain, who were born outside sovereign territory. But the constitution speaks of "citizens" and not "subjects," introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.

What was the original …

The Paradoxes Of Cultural Property, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Many current cultural disputes sound in the legal language and logic of discrimination or hate speech. The focus of this essay is on the claims made explicitly or implicitly on the basis of cultural property. The problem with using ideas of cultural property to resolve cultural disputes is that cultural property encourages an anemic theory of culture so that it can make sense as a form of property. Cultural property is a paradox because it places special value and legal protection on cultural products and artifacts but does so based on a sanitized and domesticated view of cultural production and …

Private Standards, Public Governance: A New Look At The Financial Accounting Standards Board, William W. Bratton

Georgetown Law Faculty Publications and Other Works

The Financial Accounting Standards Board (the "FASB") presents a puzzle: How has this private standard setter managed simultaneously (1) to remain independent, (2) to achieve institutional stability and legitimacy, and (3) to operate in a politicized context in the teeth of opposition from its own constituents? This Article looks to governance design to account for this institutional success. The FASB's founders made a strategic choice to create a regulatory agency that sought independence rather than political responsiveness. The FASB also set out a coherent theory of accounting, the "Conceptual Framework," to contain and direct its decisions. The Conceptual Framework contributed …

Due Process Land Use Claims After Lingle, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The Supreme Court held in Lingle v. Chevron U.S.A. Inc. that challenges to the validity of land use regulations for failing to advance governmental interests must be brought under the Due Process Clause, rather than the Takings Clause, and must be evaluated under a deferential standard. This Article analyzes and evaluates the probable course of such judicial review, and concludes that federal courts will resist due process review of land use decisions for good reasons but not always with an adequate doctrinal explanation. However, state courts can use due process review to provide state level supervision of local land use …

A Light-Weight Middleware Framework For Fault-Tolerant And Secure Distributed Applications, Ian Jacob Baird

Masters Theses

"This thesis outlines the design, implementation, and performance of a lightweight middleware framework for interprocess communication with an update log propagation algorithm. The system was designed and implemented using a point-to-point based lightweight middleware framework and compared to a similar system implemented utilizing CORBA--Abstract, page iii.

Performance Improvement Of Adaptive Filters For Echo Cancellation Applications, Deepak Challa

Masters Theses

"This work focuses on performance improvement of adaptive algorithms for both line and acoustic echo cancellation applications. Echo in telephone networks, Line Echo, is observed naturally due to impedance mismatches at the long-distance/local-loop interface. Acoustic echo is due to the acoustic coupling between the microphone and the speaker of a speakerphone. The Affine Projection (APA) and the Fast Affine Projection (FAP) algorithms are two examples of reliable and efficient adaptive filters used for echo cancellation...This thesis presents, Variable Regularized Fast Affine Projections (VR-FAP) algorithm, with a varying, optimal regularization value which provides the desirable property of both fast and low …

Converting Some Global Optimization Problems To Mixed Integer Linear Problems Using Piecewise Linear Approximations, Manish Kumar

Masters Theses

"Some global optimization problems are converted to mixed-integer linear problems (MILP) using piecewise-linear approximations in this thesis so that they can be solved using commercial MILP solvers, such as CPLEX. Special attention is given to approximating two-term log-sum functions, which appears frequently in generalized geometric programming problems. Numerical results indicate the proposed approach is sound and efficient"--Abstract, page iii.

Real-Time Detection Of Grip Length Deviation For Fastening Operations: A Mahalanobis-Taguchi System (Mts) Based Approach, Deepak Mohan

Masters Theses

"Hand-held fastening tools are extensively used in manufacturing, especially in aerospace industry. Typically, the process is monitored by the operator and joints are visually inspected after the process is completed. When complex products, such as an aircraft, are considered, fastening process and its inspection can be very time consuming. In addition, no inspection data is typically collected during the process unless a major problem is encountered. Real-time monitoring and verification of the fastening process of joint quality are two important advancements to reduce the manufacturing lead time while ensuring safety and quality"--Abstract, page iv.

Performance Improvements Of Automobile Communication Protocols In Electromagnetic Interference Environments, Fei Ren

Masters Theses

"Electromagnetic Interference (EMI) is frequently encountered in automobile communication systems due to a large number of inductive nodes used in these systems. This thesis investigates the effects of EMI on two types of automobile communication systems, the Controller Area Network (CAN) and the FlexRay. It also proposes a modified Automatic Repeat reQuest (ARQ) scheme to improve the communication performances in EMI environments"--Abstract, page iii.

Fast Sphere Decoder For Mimo Systems, Praveen G. Krishnan

Masters Theses

"This work focuses on variants of the conventional sphere decoding technique for Multi Input Multi Output (MIMO) systems. Space Time Block Codes (STBC) have emerged as a popular way of transmitting data over multiple antennas achieving the right balance between diversity and spatial multiplexing. The Maximum Likelihood (ML) technique is a conventional way of decoding the transmitted information from the received data, but at the cost of increased complexity. The sphere decoder algorithm is a sub-optimal decoding technique that is computationally efficient achieving a ;symbol error rate that is dependent on the initial radius of the sphere. In this thesis, …

Characterization Of Noise On Pdn And Electromagnetic Shielding, Sandeep K. R. Chandra

Masters Theses

"Modern FPGA and microprocessor have complex logic inside them, which draw current from the Power Distribution Network (PDN). This current drawn from the PDN creates disturbance on the PDN, which then propagates to other IC in different places on the Printed Circuit Board (PCB), and appears as a noise voltage. Ability to predict noise voltage at any point on the PCB gives a greater ability to carefully design the board and the PDN. In order to accurately predict the noise, it is important to accurately predict the current drawn and the transfer impedance from the source to the victim point. …

The Social Construction Of Sarbanes-Oxley, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The closer one looks at SOX and its origins in the financial scandals of the early 2000s, the blurrier the picture, which lets commentators see what they want to see and draw inferences accordingly. That is why social construction is so crucial. My aim in this paper is to illuminate the social nature of SOX's diffusion into practice. I will leave to the reader the judgment about whether this has been or will be good or bad, and for whom. If I seem to challenge SOX's critics more than its supporters, it is because the critics have been more venomous …

Impacts Of White, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Changes in judicial elections stem from four identifiable causes. First, court decisions involve increasingly higher stakes and more serious consequences. The U.S. Senate confirmation battles also reflect this cause. Second, non-candidate groups, many from out of state, bring in enormous sums of money which often leads to ugly, even damaging, campaigns. Third, the first two causes are making judicial campaigns more like non-judicial campaigns, bringing new elements to judicial campaigns: campaign consultants and a win-at-any-cost approach.

Trademark Law As Commercial Speech Regulations, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

False advertising law has largely escaped constitutional scrutiny because courts consider false or misleading commercial speech outside the protection of the First Amendment. Even moderate First Amendment protection for truthful commercial speech, however, requires some constitutional policing of the line between truth and falsity. Current enforcement of false advertising law, whether administrative, as with the FDA's regulation of drug-related speech, or judicial, as with Lanham Act suits brought by private parties, is ill-equipped to deal with First Amendment doctrine's very different concerns, rules, and presumptions. This contribution to the symposium will explore some of the ways in which the First …

Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

The particular problems of content and viewpoint discrimination rarely surface in copyright, though some people have argued that fair use implicates them. Nonetheless, one important lesson for copyright from public forum doctrine is that First Amendment law can take some - though not many - speech-related options off the table. In this brief comment, I argue that analogies between copyright law and public forum doctrine highlight important shared commitments to free and robust public discourse, but also substantial practical barriers to judicial enforcement of those commitments.

Reforming The Taxation Of Deferred Compensation, Ethan Yale, Gregg D. Polsky

Georgetown Law Faculty Publications and Other Works

Executive pay is currently a topic of significant interest for policymakers, academics, and the popular press. On August 14, 2006, in reaction to widespread press reports and academic criticism of extravagant executive perquisites, the SEC proposed new regulations designed to change fundamentally the manner in which executive compensation is reported to shareholders. Despite all of this attention, one significant aspect of executive deferred compensation has gone virtually unnoticed - the federal tax rules governing this form of compensation are fundamentally flawed and must be extensively overhauled. These rules are flawed because they often create a significant incentive for companies and …

What’S International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

The United States faces an immediate and continuous threat of terrorist attack using weapons of mass destruction, including nuclear weapons. The intelligence function and national security law, including international law--or more accurately transnational law--are central to addressing this threat. Indeed, international law is more relevant today in addressing this threat than it was before September 11. Part II of this article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Part …

The Federal “Claim” In The District Courts: Osborn, Verlinden, And Protective Jurisdiction, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In the title of his influential article, “The Federal ‘Question’ in the District Courts,” Professor Paul Mishkin reminded us that the phrase “federal question” is a misnomer as a description of the “arising under” jurisdiction of the district courts. The purpose of the “arising under” jurisdiction of the district courts is not solely, or even primarily, to resolve disputed questions of federal law, but to provide a hospitable forum for the vindication of federal rights. Such rights can be frustrated by an inhospitable forum not just through the misinterpretation of federal law, but through misinterpretation of state law or through …

Evaluation Of An Adult Education Technology Program, Iwasan D. Kejawa

Theses and Dissertations

The purpose of this study was to evaluate the adult education technology program at a chartered alternative adult education center in Florida. The adult education center had a low rate of students passing the Florida Comprehensive Assessment Test (FCAT). This study examined the impact of the use of computer technology in an effort to improve student learning in mathematics, reading, and science. Computers at the institution were used by all students for tutorials to prepare them for the FCAT and to obtain a high school diploma. The research questions for this study were as follows:

1. Is the education technology program …

Towards Efficient Computation Of Quality Bounded Solutions In Pomdps: Expected Value Approximation And Dynamic Disjunctive Beliefs, Pradeep Reddy Varakantham, Rajiv Maheswaran, Tapana Gupta, Milind Tambe

Research Collection School Of Computing and Information Systems

While POMDPs (partially observable markov decision problems) are a popular computational model with wide-ranging applications, the computational cost for optimal policy generation is prohibitive. Researchers are investigating ever-more efficient algorithms, yet many applications demand such algorithms bound any loss in policy quality when chasing efficiency. To address this challenge, we present two new techniques. The first approximates in the value space to obtain solutions efficiently for a pre-specified error bound. Unlike existing techniques, our technique guarantees the resulting policy will meet this bound. Furthermore, it does not require costly computations to determine the quality loss of the policy. Our second …