Digital Commons Network^™

Courts As Catalysts: Re-Thinking The Judicial Role In New Governance, Joanne Scott, Susan P. Sturm

Faculty Scholarship

This Article offers a step forward in developing a theory of judicial role within new governance, drawing on the emerging practice in both the United States and Europe as a basis for this reconceptualization. The traditional conception of the role of the judiciary – as norm elaborators and enforcers – is both descriptively and normatively incomplete, and thus needs to be rethought. There is a significant but limited role for courts as catalysts. In areas of normative uncertainty or complexity, courts prompt and create occasions for normatively motivated and accountable inquiry and remediation by actors involved in new governance processes. …

Training Winner-Take-All Simultaneous Recurrent Neural Networks, Xindi Cai, Danil V. Prokhorov, Donald C. Wunsch

Electrical and Computer Engineering Faculty Research & Creative Works

The winner-take-all (WTA) network is useful in database management, very large scale integration (VLSI) design, and digital processing. The synthesis procedure of WTA on single-layer fully connected architecture with sigmoid transfer function is still not fully explored. We discuss the use of simultaneous recurrent networks (SRNs) trained by Kalman filter algorithms for the task of finding the maximum among N numbers. The simulation demonstrates the effectiveness of our training approach under conditions of a shared-weight SRN architecture. A more general SRN also succeeds in solving a real classification application on car engine data.

Against Citizenship As A Predicate For Basic Rights, David Cole

Georgetown Law Faculty Publications and Other Works

The subject of my remarks will be citizenship, or more precisely the lack thereof, as a wedge issue on matters of rights, the rule of law, and the war on terror. I will argue that we ought to be careful about relying on citizenship as a rallying call for rights and protections precisely because the distinction between citizenship and its lack has proven to be such a tempting avenue for illegitimate trade-offs between liberty and security.

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 …

Guilty Pleas And Barristers' Incentives: Lessons From England, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

When considering the defendant's plea, barristers, like lawyers, have two overriding, selfish interests: maximizing remuneration and avoiding sanction. The tension between defendant and defender is most acute when the defendant is indigent and the defender has been chosen to represent him. It is their relationship that is addressed in this article.

The goal is to align the defender's selfish interests with the defendant's need for thoughtful advice over how to plead, so that, behind the guise of apparently disinterested advice, the advocate is not pursuing his interests at the defendant's expense. By contrast to most American practice, the method of …

Network Stories, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In 1962, Rachel Carson named the natural environment. Scientists were beginning to understand the complex web of ecological cause and effect; naming that web gave it independent existence and invested that existence with political meaning. In 1996, James Boyle named the cultural environment. Boyle’s act of naming was intended to jumpstart a political movement by appropriating the complex web of political meaning centered on the interdependency of environmental resources.

But naming, although important, is only a beginning. The example of the natural environment shows us that to build from a name to a movement requires two things. First, you have …

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 …

Pursuing Accountability For Atrocities After Conflict: What Impact On Building The Rule Of Law?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

In countries ravaged by widespread violence, the trauma does not end when the guns fall silent. On the contrary, atrocities have cast a long shadow in places such as the Balkans, where brutal massacres, mass rapes, and ethnic cleansing were regular features of war; in Rwanda, where a devastating genocide killed hundreds of thousands of people; and in Sierra Leone, where the civil war was marked by forced recruitment of child soldiers, rapes and murders, and the gruesome mutilation of civilians. In Afghanistan, Iraq, East Timor, and many other societies, severe abuses have also left deep pain and trauma in …

Pandemic Influenza: Ethics, Law, And The Public's Health, Lawrence O. Gostin, Benjamin E. Berkman

Georgetown Law Faculty Publications and Other Works

Highly pathogenic Influenza (HPAI) has captured the close attention of policy makers who regard pandemic influenza as a national security threat. Although the prevalence is currently very low, recent evidence that the 1918 pandemic was caused by an avian influenza virus lends credence to the theory that current outbreaks could have pandemic potential. If the threat becomes a reality, massive loss of life and economic disruption would ensue. Therapeutic countermeasures (e.g., vaccines and antiviral medications) and public health interventions (e.g., infection control, social separation, and quarantine) form the two principal strategies for prevention and response, both of which present formidable …

Father Charles Whelan: A Career In The Service Of Others, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Fordham Law School's motto, "In the service of others," perfectly captures our law school's great aspirations and commitments. In a most distinguished and multifaceted career, Father Charles Whelan has been the personal embodiment of that ideal, through his dedication to education, to advocacy, and to service to a broader community. His has been a career shaped by his Ignatian ideals, and the legacy he leaves as he retires is extraordinary.

Our Other Reproductive Choices: Equality In Sex Education, Contraceptive Access, And Work-Family Policy, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

Reproductive rights are traditionally understood to be protected by the privacy aspect of the due process liberty guarantee, but equal protection is also at the heart of the matter. Many of us intuitively know the close relationship between sex equality and abortion rights, and the law, too, is starting to reflect it. This Symposium broadens the focus of traditional abortion-rights jurisprudence to develop equality-based analyses of abortion rights. Widening the angle even further, this Article looks at sex equality and reproductive rights issues beyond the core right to abortion . . . To highlight some of the opportunities created by …

Judges' Pay: A Chasm Far Worse Than Realized, And Worsening, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

For our state judges today, let us put aside what might be thought their appropriate "reward" compared to the "reward" for private-sector lawyers. Of course judges earn less than they would in private practice, and of course judges enjoy "rewards" other than salaries. What is surprising is how severe the gap is between the pay for judges and for the private bar-and, strikingly, the gap between the pay for judges and for other public employees. What is deeply disturbing, indeed dangerous, is how the gaps are worsening. Our compensation for judges is so low, that by reducing the caliber and …

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.

J Am Coll Dent 2007 74 1

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

Adaptive Neural Network Based Stabilizing Controller Design For Single Machine Infinite Bus Power Systems, Wenxin Liu, Ganesh K. Venayagamoorthy, Donald C. Wunsch, David A. Cartes, Jagannathan Sarangapani, Mariesa Crow

Engineering Management and Systems Engineering Faculty Research & Creative Works

Power system stabilizers are widely used to generate supplementary control signals for the excitation system in order to damp out the low frequency oscillations. In power system control literature, the performances of the proposed controllers were mostly demonstrated using simulation results without any rigorous stability analysis. This paper proposes a stabilizing neural network (NN) controller based on a sixth order single machine infinite bus power system model. The NN is used to approximate the complex nonlinear dynamics of power system. Unlike the other indirect adaptive NN control schemes, there is no offline training process and the NN can be directly …

An Evaluation Of Mahalanobis-Taguchi System And Neural Network For Multivariate Pattern Recognition, Jungeui Hong, Rajesh Jugulum, Kioumars Paryani, K. M. Ragsdell, Genichi Taguchi, Elizabeth A. Cudney

Engineering Management and Systems Engineering Faculty Research & Creative Works

The Mahalanobis-Taguchi System is a diagnosis and predictive method for analyzing patterns in multivariate cases. The goal of this study is to compare the ability of the Mahalanobis- Taguchi System and a neural-network to discriminate using small data sets. We examine the discriminant ability as a function of data set size using an application area where reliable data is publicly available. The study uses the Wisconsin Breast Cancer study with nine attributes and one class.

Effective Use Of Process Capability Indices For Supplier Management, Elizabeth A. Cudney, David Drain

Engineering Management and Systems Engineering Faculty Research & Creative Works

Process capability indices were originally invented to enable an organization to make economically sound decisions for process management. Process capability is a comparison of the voice of the process with the voice of the customer. Current practice is to use Cp and Cpk regardless of the validity of the underlying assumptions necessary for their use. Even if all necessary assumptions are satisfied, important problems can be missed if these indices are the sole process evaluation examined. Customer-supplier axioms are introduced to motivate more useful process evaluations and foster long-term harmonious relationships. This paper explores the alternative capability indices Cpm, Cpmk, …

The Pardy-Ruhl Dialogue On Ecosystem Management, Part Iv: Narrowing And Sharpening The Questions, J. B. Ruhl

Pace Environmental Law Review

No abstract provided.

The Evolving Role Of Citizens In United States-Canadian International Environmental Law Compliance, Noah D. Hall

Pace Environmental Law Review

No abstract provided.

Impacts Of Acid Mine Drainage On Carbon Cycling In Receiving Streams, Ernest W. Fonyuy

Doctoral Dissertations

"Field and laboratory investigations of acid mine drainage (AMD) contaminated and uncontaminated waters were conducted in order to determine and model processes and reaction mechanisms that control dissolved inorganic carbon (DIC) transformation and shifts in isotope ratio of DIC (Δ¹³C_DIC). The results show that AMD caused variable pH changes, overall decreases in Fe²⁺, alkalinity, and DIC, and increases in (Δ¹³C_DIC) in receiving streams. AMD caused more than 50 to > 98% seasonal DIC loss in stream water through CO₂ degassing. High DIC losses corresponded to high Fe²⁺ and lower or no HCO₃⁻ in the water samples, because …

Classroom Model And Peer Influence: The Relationship Between Preschoolers' Behavior And Academic Achievement In The Classroom, Rhonda Sue Jamison

UNF Graduate Theses and Dissertations

Research indicates that classroom behaviors in students may be good predictors of academic success. The present study investigated the relationship between classroom peers, positive and negative classroom behaviors, early literacy and mathematics ability, and classroom model in 214 predominately low-income preschool children in 21 classes across a six-county area. It was hypothesized that peer classroom behavior would be a significant predictor of individual child ability and that peers would have differential influence across classroom models. Results indicated that peer classroom behavior was not a significant predictor of individual child ability. Individual child classroom behaviors, specifically positive behaviors, emerged as a …

Dual Constraint Problem Optimization Using A Natural Approach: Genetic Algorithm And Simulated Annealing, James P. Sweeney

UNF Graduate Theses and Dissertations

Constraint optimization problems with multiple constraints and a large solution domain are NP hard and span almost all industries in a variety of applications. One such application is the optimization of resource scheduling in a "pay per use" grid environment. Charging for these resources based on demand is often referred to as Utility Computing, where resource providers lease computing power with varying costs based on processing speed. Consumers using this resource have time and cost constraints associated with each job they submit. Determining the optimal way to divide the job among the available resources with regard to the time and …

Keepin' It Real: Multiliteracies In The English Classroom, Troy Hicks, Dawn M. Reed

Language Arts Journal of Michigan

No abstract provided.

Still Vigilant About Doublespeak?, William J. Vande Kopple

Language Arts Journal of Michigan

No abstract provided.

Book Review: Teaching And Learning In Multiliteracies: Changing Times, Changing Literacies By Michele Anstey And Geoff Bull, Sandra K. Plair

Language Arts Journal of Michigan

No abstract provided.

Incipient Continental Rifting: Insights From The Okavango Rift Zone, Northwestern Botswana, Baraka D. Kinabo

Doctoral Dissertations

"In this dissertation aeromagnetic, gravity, and Shuttle Radar Topography Mission Digital Elevation Model (SRTM DEM) data from the Okavango Rift Zone in northwest Botswana are used to map the distribution of rift and basement structures. The distribution of these structures provide useful insights into the early stages of continental rifting. The objectives of this study are (1) assessing the role of pre-existing structures on rift basin development, (2) characterizing the geometry of the nascent rift basins, (3) documenting fault growth and propagation patterns, and (4) investigating the border fault development"--Abstract, page iv.

Quantifying Kinematics Of Purposeful Movements To Real, Imagined, Or Absent Functional Objects: Implications For Modelling Trajectories For Robot-Assisted Adl Tasks, Kimberly J. Wisneski, Michelle J. Johnson

Biomedical Engineering Faculty Research and Publications

Background

Robotic therapy is at the forefront of stroke rehabilitation. The Activities of Daily Living Exercise Robot (ADLER) was developed to improve carryover of gains after training by combining the benefits of Activities of Daily Living (ADL) training (motivation and functional task practice with real objects), with the benefits of robot mediated therapy (repeatability and reliability). In combining these two therapy techniques, we seek to develop a new model for trajectory generation that will support functional movements to real objects during robot training. We studied natural movements to real objects and report on how initial reaching movements are affected by …

The Views Of Students With Disabilities Regarding Dropout And School Belonging, Rebecca L. Brandau

Dissertations and Theses @ UNI

A large number of students drop out of high school each year. Most of the existing research does not focus specifically on students with disabilities. This study uses survey research to examine the perceptions of 40 students with mild disabilities regarding high school drop out and school belonging. Results indicate that participants believe it is important to graduate from high school, and they believe parents and teachers want them to graduate. The students indicated that their friends think about dropping out of school more than the students themselves do. Participants consistently indicated that they feel they can talk to an …