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2007

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Kelo's Wake: In Search Of A Proportional Benefit, Jennie C. Nolon Jan 2007

Kelo's Wake: In Search Of A Proportional Benefit, Jennie C. Nolon

Pace Environmental Law Review

No abstract provided.

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Trade And The Environment In The Wto, Steve Charnovitz Jan 2007

Trade And The Environment In The Wto, Steve Charnovitz

GW Law Faculty Publications & Other Works

The linkage between trade and the environment stands out as an important challenge in global economic governance. Over the past decade, the WTO devoted considerable attention to this issue and included it on the agenda of the Doha Round. In parallel, the jurisprudence on trade and the environment has experienced significant advances. This study provides an overview of the main institutional changes at the WTO and of the developments in the jurisprudence most relevant to the interaction between the environment and trade. Specifically, this study focuses on GATT Article XX and takes note of many positive (and a few negative) …

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How The United States Might Justify A Preemptive Strike On A Rogue Nation's Nuclear Weapon Development Facilities Under The U.N. Charter, Gregory E. Maggs Jan 2007

How The United States Might Justify A Preemptive Strike On A Rogue Nation's Nuclear Weapon Development Facilities Under The U.N. Charter, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This essay addresses a legal question: "Under the United Nations Charter, how might the United States justify a preemptive strike on a rogue nation's nuclear weapon development facilities?" The essay answers this question by arguing that the United States would not have to rely on controversial theories like "self-defense in response to an imminent attack" or "anticipatory self-defense." On the contrary, as this essay demonstrates with numerous recent and widely-publicized examples, the nations that the United States most likely would strike, Iran and North Korea, constantly are engaging in conventional armed attacks and other aggression against allies of the United …

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Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs Jan 2007

Assessing The Legality Of Counterterrorism Measures Without Characterizing Them As Law Enforcement Or Military Action, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In this article, I develop three theses. First, I claim that disagreements about the legality of counterterrorism measures commonly stem from disagreements about whether to characterize the measures as law enforcement efforts or as military actions. Observers who see the measures as methods of controlling crime assess their lawfulness differently from those who see them as a form of warfare against terrorists because criminal law enforcement rules differ substantially from the laws of war. With many specific examples, I show that disputes about legality based on disagreements over characterization have arisen in at least eight different subject areas, ranging from …

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Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based V. Cooperative Enforcement, Robert L. Glicksman, Dietrich Earnhart Jan 2007

Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based V. Cooperative Enforcement, Robert L. Glicksman, Dietrich Earnhart

GW Law Faculty Publications & Other Works

For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws - the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of environmental enforcement. These supporters also regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their …

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'Impeaching' Cooperating Witnesses, Stephen A. Saltzburg Jan 2007

'Impeaching' Cooperating Witnesses, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article, discussing trial tactics, considers the scenario in which the government seeks to elicit testimony from a witness, involved in the criminal activity, that has entered into a plea agreement; the defendant offers to stipulate that the defense will make no effort to impeach the witness through the use of the plea agreement and moves to exclude it from evidence; yet the prosecutor insists upon using the agreement. The article discusses United States v. Richardson, 421 F.3d 17 (1st Cir. 2005), and United States v. McNeill, 728 F.2d 5 (1st Cir. 1984), and concludes that there is no sensible …

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Privacy's Other Path: Recovering The Law Of Confidentiality, Daniel J. Solove, Neil M. Richards Jan 2007

Privacy's Other Path: Recovering The Law Of Confidentiality, Daniel J. Solove, Neil M. Richards

GW Law Faculty Publications & Other Works

The familiar legend of privacy law holds that Samuel Warren and Louis Brandeis invented the right to privacy in 1890, and that William Prosser aided its development by recognizing four privacy torts in 1960. In this article, Professors Richards and Solove contend that Warren, Brandeis, and Prosser did not invent privacy law, but took it down a new path. Well before 1890, a considerable body of Anglo-American law protected confidentiality, which safeguards the information people share with others. Warren, Brandeis, and later Prosser turned away from the law of confidentiality to create a new conception of privacy based on the …

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Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami Jan 2007

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami

GW Law Faculty Publications & Other Works

Transnational intelligence networks have emerged as an essential tool for combating international terrorism and criminal activity. As with domestic intelligence-gathering, they raise a number of privacy concerns: the risk of false information, the danger that intelligence will be used for illegitimate purposes, and the burden placed on human dignity and individual autonomy by free-wheeling data gathering. Transnational networks, however, exacerbate these privacy problems due to the dispersed nature of government authority and the difficulty of ensuring compliance with privacy duties by each node in the network. This article illustrates the dangers of transnational intelligence sharing with the case of Maher …

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Guide To International Environmental Law, Dinah L. Shelton, Alexandre Kiss Jan 2007

Guide To International Environmental Law, Dinah L. Shelton, Alexandre Kiss

GW Law Faculty Publications & Other Works

This book aims to present the essential elements of international environmental law. The attached document includes a page memorializing the life of Alexandre Kiss (who passed away on March 22, 2007); a forward; a table of contents, author information, abbreviations, and Chapter 1, "An Introduction to International Law." The book provides a general overview of why and how the international system elaborates environmental obligations and monitors compliance with them. Second, it discusses the relationship between international obligations and national and local law, with particular reference to federal systems. It indicates another interrelationship, pointing out the influence national law has on …

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An Introduction To The History Of International Human Rights Law, Dinah L. Shelton Jan 2007

An Introduction To The History Of International Human Rights Law, Dinah L. Shelton

GW Law Faculty Publications & Other Works

As part of a lecture series given at the International Institute of Human Rights, in Strasbourg, France, in July 2003, the author presents an overview of the history of international human rights law. The author explores numerous religious, political, cultural, philosophical, economic and intellectual movements throughout history that have informed and guided the development of human rights law on the global stage. In doing so, the author examines the moral and ethical dimensions which underpin international human rights law, including what she defines as the innate human desire for protection from abuse. The author highlights the world's most significant historical …

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Autonomy To Choose What Constitutes Family: Oxymoron Or Basic Right?, Naomi R. Cahn, June Carbone Jan 2007

Autonomy To Choose What Constitutes Family: Oxymoron Or Basic Right?, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

Alasdair MacIntyre, Michael Sandel and other critics have argued that liberalism is living off the borrowed capital of Western civilization. That is, to the extent that liberalism requires neutrality among theories of the good, the state cannot ensure that the generation of values - of strong families, hard workers, honest people, engaged citizens, and devout church members - necessary to liberalism itself will occur. William Galston responded to this critique by arguing that liberalism does not require neutrality toward the creation of values central to liberalism itself. A liberal democratic state should be able to foster liberal virtues, and, indeed, …

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Unihi: An Entry Gate To The Human Protein Interactome, Gautam Chaurasia, Yasir Iqbal, Christian Hänig, Hanspeter Herzel, Erich E. Wanker, Matthias E. Futschik Jan 2007

Unihi: An Entry Gate To The Human Protein Interactome, Gautam Chaurasia, Yasir Iqbal, Christian Hänig, Hanspeter Herzel, Erich E. Wanker, Matthias E. Futschik

School of Biomedical Sciences

No abstract provided.

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Book Review, Robert J. Cottrol Jan 2007

Book Review, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Brazilian legal history has been a challenging and somewhat under-explored field. It presents often daunting challenges, requiring the uncovering of opaque and often conflicting legal doctrine and the ability to grapple with even harder to discern questions concerning the law’s application and impact on Brazilian history. The field has been under explored by Brazilian legal scholars who have tended to focus their historical investigations on the development of continental civil law. It has also suffered from neglect by historians, Brazilian and foreign, who have largely concentrated their efforts on the political, social and economic history of the South American colossus. …

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Martin Luther King, Jr. Celebration, Roger Williams University School Of Law Jan 2007

Martin Luther King, Jr. Celebration, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

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Physico-Chemical And Hygienic Characteristics Of The Calabrian Raw Milk Cheese, Caprino D´Aspromonte, Pietro Micari, Virginia Sarullo, Rossana Sidari, Andrea Caridi Jan 2007

Physico-Chemical And Hygienic Characteristics Of The Calabrian Raw Milk Cheese, Caprino D´Aspromonte, Pietro Micari, Virginia Sarullo, Rossana Sidari, Andrea Caridi

Turkish Journal of Veterinary & Animal Sciences

The aim of the present research was the study of several physico-chemical and hygienic characteristics of Caprino d'Aspromonte goat's cheese, made from raw milk, which was sampled at the end of the ripening time (4 weeks), both in winter and in spring. The following ranges of variability were observed for each parameter: pH 5.25-5.89, dry matter 49.89%-67.07%, crude protein 21.12%-42.32% dry matter, fat 43.85%-54.03% dry matter, chloride content 2.06%-5.44% dry matter, total coliforms 0-5.04 log cfu g^{-1}, faecal coliforms 0-4.96 log cfu g^{-1}, yeasts 2.60-4.95 log cfu g^{-1}. These values were similar to those of other Mediterranean goat's milk cheeses …

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Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins Jan 2007

Emerging Policy And Practice Issues (2006), Steven L. Schooner, Christopher R. Yukins

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2006), attempts to identify the key trends and issues for 2007 in U.S. federal procurement. In large part, the paper discusses the Draft Final Report of the Acquisition Advisory Panel (AAP), a blue-ribbon commission mandated by Section 1423 of the Services Acquisition Reform Act (SARA). Proceeding from the simple premise that the private sector does a better job with procurement by planning carefully and employing aggressive competition, we discuss, among other things, the inaccuracies that plague the Federal Procurement Data System; the dramatic post-2000 trend in increased …

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Law And Society Approaches To Cyberspace, Paul Schiff Berman Jan 2007

Law And Society Approaches To Cyberspace, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This is the introductory essay to an edited collection titled Law and Society Approaches to Cyberspace and published by Ashgate Publishing. Accordingly, the essay first considers what qualifies as a law and society approach to any particular subject. Then, I address questions about what it means to study cyberspace, surveying some of the academic literature on the subject and identifying three distinct waves of scholarship about the Internet since the mid 1990s. I also discuss some of the major theoretical fault lines that have emerged during this period. Finally, the essay summarizes each of the contributions to the volume, which …

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Global Legal Pluralism, Paul Schiff Berman Jan 2007

Global Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This Article grapples with the complexities of law in a world of hybrid legal spaces, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes. In order to conceptualize this world, I introduce literature on legal pluralism, and I suggest that, following its insights, we need to realize that normative conflict among multiple, overlapping legal systems is unavoidable and might even sometimes be desirable, both as a source of alternative ideas and as a site for discourse among multiple community affiliations. Thus, instead of trying to stifle conflict either through an imposition of sovereigntist, territorially-based, …

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'I'Ve Got Nothing To Hide' And Other Misunderstandings Of Privacy, Daniel J. Solove Jan 2007

'I'Ve Got Nothing To Hide' And Other Misunderstandings Of Privacy, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide …

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Clarifying A Post-Payment Audit Fiction: Why Inadequate Clinical Records Are Not A Per Se Violation Of The New Jersey Insurance Fraud Prevention Act, John W. Leardi Jan 2007

Clarifying A Post-Payment Audit Fiction: Why Inadequate Clinical Records Are Not A Per Se Violation Of The New Jersey Insurance Fraud Prevention Act, John W. Leardi

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

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Harding University Course Catalog 2007-2008, Harding University Jan 2007

Harding University Course Catalog 2007-2008, Harding University

Harding Academic Catalogs

Catalog of Harding University 2007-2008

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3d Reconstruction From Stereo/Range Images, Qingxiong Yang Jan 2007

3d Reconstruction From Stereo/Range Images, Qingxiong Yang

University of Kentucky Master's Theses

3D reconstruction from stereo/range image is one of the most fundamental and extensively researched topics in computer vision. Stereo research has recently experienced somewhat of a new era, as a result of publically available performance testing such as the Middlebury data set, which has allowed researchers to compare their algorithms against all the state-of-the-art algorithms. This thesis investigates into the general stereo problems in both the two-view stereo and multi-view stereo scopes. In the two-view stereo scope, we formulate an algorithm for the stereo matching problem with careful handling of disparity, discontinuity and occlusion. The algorithm works with a global …

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Reading Strategies For Struggling Readers In The Middle School, Kathleen Claeys Jan 2007

Reading Strategies For Struggling Readers In The Middle School, Kathleen Claeys

Graduate Research Papers

This literature review focuses on several strategies good readers use to understand and interpret different types of text, such as fiction, non-fiction, and expository. These strategies are ones that struggling readers are not aware of, or these readers do not have the knowledge and experience to utilize the strategies. Teachers need to provide direct instruction of these strategies, generate models of what they look like, demonstrate what the thought process is behind the strategies, and offer students practice in using them with the idea that students will add them to their repertoire of strategies and use them throughout the learning …

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Three-Dimensional Quantitative Analysis Of The Trajectory Of The Foot While Running, Thomas J. Cunningham Jan 2007

Three-Dimensional Quantitative Analysis Of The Trajectory Of The Foot While Running, Thomas J. Cunningham

University of Kentucky Master's Theses

Exercising the leg in a manner similar to running is theorized to have the potential effect of increasing performance and reducing occurrence of injuries in running athletes. Development of an exercise device that can help facilitate this method of specificity training could be beneficial to the sports community and should be investigated. Understanding the trajectory of the foot during the running gait is primary to further pursue this concept. 26 running athletes of varying characteristics participated in this study. Each subjects sex, age, weight, height, leg length, activity level and participation amount in their respective sport was recorded. Retro-reflective cameras …

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An Evaluation Of The Relationship Between Physical Fitness Measures And Academic Achievement, George Victor Harnick Jan 2007

An Evaluation Of The Relationship Between Physical Fitness Measures And Academic Achievement, George Victor Harnick

Graduate Research Papers

Over the past several years, physical education has often been forced aside in the wake of increased emphasis on improvements to academic performance in the core areas of study such as science, math, and reading. This stems from the implementation of the Title II Elementary and Secondary Education Act (a.k.a. No Child Left Behind Act of 2001) and the expectation that all students in schools funded by the federal government will be "proficient" in these core subjects by the year 2014 (United States Department of Education, 2007). With this law in effect, many school districts are being forced to increase …

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Using A Balanced Literacy Approach In Elementary Schools, Jennifer Lynn Freeman Jan 2007

Using A Balanced Literacy Approach In Elementary Schools, Jennifer Lynn Freeman

Graduate Research Papers

One of the most significant educational topics currently facing teachers and administrators is literacy education. Teaching children to read and write is fundamental to a student's success in school: School districts, administrators, and teachers are faced with a tough challenge when developing a literacy curriculum. What will their method of instruction be? The great debate among literacy scholars and professionals is whether to teach using a phonics approach, whole language, or balanced literacy. This paper will explore the concept and benefits of using a balanced approach in literacy education.

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Parametric & Non-Parametric Background Subtraction Model With Object Tracking For Venus, Karthik Chandrasekaran Jan 2007

Parametric & Non-Parametric Background Subtraction Model With Object Tracking For Venus, Karthik Chandrasekaran

Theses

Not Included

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Educational Programs In Correctional Facilities: Are They Worth The Cost?, Adam Robert Baggett Jan 2007

Educational Programs In Correctional Facilities: Are They Worth The Cost?, Adam Robert Baggett

Honors Program Theses

The examination of correctional facility education programs is important because it will identify whether or not the correctional system is going beyond just confining inmates and is actually attempting to help prevent inmates from returning to its facilities. This study will focus on Iowa's correctional facilities due to the fact that residents of Waterloo, Iowa voiced their concern about correctional facility education, which was then passed on to the principal investigator. If the correctional system is not providing educational programs to inmates, then this will verify local concerns. It will also show that the correctional system is not providing inmates …

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Microbiological Enhancement Of Phosphorus Sequestration In Iron-Enriched Sediments, Lindsay Marie Sandersfeld Jan 2007

Microbiological Enhancement Of Phosphorus Sequestration In Iron-Enriched Sediments, Lindsay Marie Sandersfeld

Honors Program Theses

An overabundance of phosphorus, primarily due to agricultural run off, is the source of increases in unwanted algae in Iowa's surface waters. Oxidized iron found in mine tailings will sequester phosphorus in sediments and prevent it from entering surface waters. Therefore, adding mine tailings to wetlands is a cheap and easy way to eliminate phosphorus pollution. This phosphorus removal process is enhanced by a microbial component that biochemically solubilizes iron tailings which allows them to efficiently react with free phosphorus in the water. The purpose of this project was to characterize the microbial component in this process. Ferric citrate medium …

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The History And Evolution Of Traditions And Norms In The Appointment Of Federal Judges, Dustin Wray Rook Jan 2007

The History And Evolution Of Traditions And Norms In The Appointment Of Federal Judges, Dustin Wray Rook

Honors Program Theses

This thesis attempts to answer questions in three separate but related sections surrounding the Senate's role in the judicial appointment process. The first portion of this paper asks, what are the traditions and norms that affect the appointment of federal judges? The second portion addresses the changes that have taken place in these traditions and norms, and why this has occurred. Finally, the third portion of the paper asks, why is the process ineffective and inefficient; what will the future process look like without reform; and how should reform in the future process be administered?

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