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Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone

Fordham International Law Journal

This issue of the Fordham International Law Journal is devoted to African themes. The articles concentrate on the most vulnerable in Africa, namely children, women and the victims of massive crimes.

Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun

Fordham International Law Journal

This article will examine the complex relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of the use of child-soldiers. Part II will examine the international and domestic laws and instruments that protect against the use of children as soldiers. Part III will examine some literary representations of the crime of child soldiering in order to raise the readers' awareness of the depths of this atrocity. Part IV will conclude by offering practical suggestions and economic solutions to make these legal instruments more effective. Children are humanity's most valuable …

The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren Fielder Redman

Fordham International Law Journal

The political winds are changing, and a more liberal United States government may very well be receptive to ratification of the Rome Statute of the International Criminal Court (ICC). The nature and scope of international law are also changing. Individuals are sharing responsibility with states for grave breaches of international law, and globalization has resulted in a marked increase in international tribunals deciding disputes affecting individual interests. Despite these trends, Americans have been wary of the International Criminal Court. Federal courts principles borrowed from the legal process school can and should be implemented to govern relations between ICC and domestic …

Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong

Faculty Publications

No abstract provided.

Slow Dancing With Death: The Supreme Court And Capital Punishment, 1963-2006, James S. Liebman

Faculty Scholarship

This Article addresses four questions:

Why hasn't the Court left capital punishment unregulated, as it has other areas of substantive criminal law? The Court is compelled to decide the death penalty's constitutionality by the peculiar responsibility it bears for this form of state violence.

Why didn't the Court abolish the death penalty in Furman v. Georgia after finding every capital statute and verdict unconstitutional? The Cruel and Unusual Punishment Clause was too opaque to reveal whether the death penalty was unlawful for some or all crimes and, if not, whether there were law-bound ways to administer it. So the Court …

Tax Expenditures As Foreign Aid, David E. Pozen

Faculty Scholarship

Few issues in global politics are as contentious as foreign aid – how much rich countries should give, in what ways, to whom. For years, it has been a commonplace that U.S. policies are stingy. The Organization for Economic Cooperation and Development (OECD) routinely ranks the United States far behind its industrialized peers in official development assistance (ODA), measured as a percentage of gross national income (GNI). An endless parade of critics has implored the government to do more; some suggest that the Bush Administration's support for the Monterrey Consensus, which sets a goal of increasing assistance to 0.7% of …

Examining The Variability In The Long Term Adjustment Of Child Sexual Abuse Victims, Heather Marie Ulrich

Graduate Student Theses, Dissertations, & Professional Papers

Two meta-analyses (Rind, Tromovitch & Bauserman, 1998; Ulrich, Randolph, & Acheson, 2006) have suggested that the long held belief about the inevitable pervasive negative effects of child sexual abuse does not hold for college populations. The meta-analyses suggest that there is other factors in sexual abuse victims' lives that interact with their abuse experience to produce the sometimes-observed minimal long-term effects on psychological adjustment. This research attempted to examine a potential model for explaining the variability in the long-term effects of child sexual abuse by examining both moderator variables and abuse characteristics within the same population. The study examined three …

On Rhetoric As Gift/Giving, Mari Lee Mifsud

Rhetoric and Communication Studies Faculty Publications

In this essay, I explore the possibilities of rhetoric as gift. I begin with the Homeric gift economy and the rhetorical resources of this economy. My use of "economy" here is not reducible to a monetary exchange system, but rather a more general system of practices orchestrating cultural identity and relations. As Georges Bataille suggests, studying a general economy may hold the key to all the problems posed by every discipline (1991, 10). For Bataille everything from geophysics to political economy, by way of sociology, history and biology, to psychology, philosophy, art, literature, and poetry has an essential connection with …

Impact Of Training On School Psychologists' Knowledge And Attitudes Regarding Children With Chronic Health Issues, Abby Baker

PCOM Psychology Dissertations

Children who have chronic medical illnesses must rely on their families and schools to create an environment that allows goals in the areas of development, of academic, social, familial and life-skills to be individualized to accommodate the capabilities of each child. School psychologists are an essential part of blending a child’s needs and academic fit. Although school psychologists receive some training in child psychopathology, they lack the necessary training in the areas of acute and chronic illness, in order to work with the health care system and to collaborate with pediatricians. The emergence of the field of Pediatric Psychology in …

Psychological Effects Of Not Having Equal Rights And Privileges In The Lesbian, Gay, Bisexual, Transgender Community: Activism As An Antidote?, David E. Baker

PCOM Psychology Dissertations

Despite the prevalence of discrimination in American society, little is known about the effects of equal rights activism on mental health. Within the lesbian, gay, bisexual, transgender community, discrimination against marriage, adoption, employment, and other rights and privileges given to heterosexual individuals is still legal and socially accepted in most American communities. Previous research has suggested that these individuals have higher incidences of depression, anxiety, and substance use than the general population. The experience of discrimination and punishment responses learned from societal messages is believed to contribute to these clinical issues within this community. This qualitative study found that equal …

Clinical Treatment Provider Attitudes Toward Sexual Offender Management Within An Outpatient Treatment Center : Treatment Provider Attitude Survey, Dustan A. Barabas

PCOM Psychology Dissertations

The present study's foundation is based on research suggesting that the attitudes of clinicians regarding their clients have profound effects on therapeutic alliances, empathy, and staff burnouts, which may contribute to treatment barriers. Because professionally appropriate behavior often conceals stigma, misconceptions, and negative feelings that clinicians may have toward sexual offenders, an anonymous survey of attitudes, job burnout, and empathy was conducted in an outpatient setting. The survey instruments tap into some latent factors concerning the attitudes of clinicians, their perceptions of burnout, and their abilities to empathize with their clients. This research focused on describing a population of clinicians …

Exploration Into The Beliefs About Paternal Roles : The Development Of The Beliefs About Paternal Roles Inventory, Anthony M. Bocchicchio

PCOM Psychology Dissertations

The aim of this study was to design and validate a self-report inventory of beliefs about paternal roles as expressed by mothers and fathers. A random sample of parents (N = 103) was administered the Beliefs about Paternal Roles – Initial Version to assess its psychometric properties. Results showed positive psychometric properties for 4 (Affection & Emotion, Engagement, Family, and Physical Well-Being) of the 12 proposed domains of paternal roles. Acceptable levels of internal consistency reliability were demonstrated for these four domains by the coefficient alpha of .84. A factor analysis of these four domains yielded a factor that says …

Transportability Of Trauma-Focused Cognitive Behavioral Therapy : A Case Study With Adolescents In A Residential Treatment Setting, Susanna A. Carew

PCOM Psychology Dissertations

Because of the increase in the numbers of adolescents presenting in residential care, the challenge and difficulty posed to therapists in treating this age-group, and the prevalence of chronic stress and complex trauma symptoms found in this population, the research conducted was a clinical case study investigating the transportability and effectiveness of using Trauma-Focused Cognitive Behavioral Therapy (TF-CBT), a manualized treatment format, with adolescent clients in a residential treatment setting. A doctoral candidate was trained to engage each of three residential clients in 12 individual sessions of TF-CBT. The Behavior Assessment System for Children (BASC), Children’s Depression Inventory (CDI), Jesness …

Anesthesia And The Thermal Injury Patient: A Current Literature Review, John Hoscheid

Theses and Dissertations

Problem and Purpose: A major burn is one of the most devastating physiologic and psychologic insults known (McCall & Cahill, 2005). The 2007 American Burn Association fact sheet estimates that each burn center has approximately 200 admissions each year and that the other 5,000 hospitals admit approximately 3 burn injuries on average per year. The recent approach to move some burn care to the rural setting will have a major effect on the rural anesthesia practice. The purpose of this study was to enhance the Nurse Anesthetists ability to care for the burn patient.

Conceptual Framework: This literature review study …

Overseer, Or "The Decider"? The President In Administrative Law, Peter L. Strauss

Faculty Scholarship

All will agree that the Constitution creates a unitary chief executive officer, the President, at the head of the government Congress defines to do the work its statutes detail. Disagreement arises over what his function entails. Once Congress has defined some element of government and specified its responsibilities, we know that the constitutional roles of both Congress and the courts are those of oversight of the agency and its assigned work, not the actual performance of that work. But is it the same for the President? When Congress confers authority on the Environmental Protection Agency to regulate various forms of …

Exploring The Ligand Binding Site On The Dopamine Transporter By Photoaffinity Labeling And Site-Directed Mutagenesis, Maria Laura Parnas

Theses and Dissertations

The dopamine transporter (DAT) is a neuronal presynaptic transmembrane protein that clears released dopamine (DA) from the synaptic space, regulating the neurotransmitter concentration and availability, DAT and the related serotonin (SERT) and norepinephrine (NET) transporters belong to the SLC6 family of Na+ and CI- dependent symporters, and are major targets for the action of several drugs, including the psychostimulant cocaine. DAT is predicted to possess 12 transmembrane spanning domains (TMs), with both N- and C-termini located intracellularly. Extensive research efforts to gain insight on the molecular aspects of DAT have been attempted, but the three-dimensional arrangement of the protein as …

Creativity And Culture In Copyright Theory, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Creativity is universally agreed to be a good that copyright law should seek to promote, yet copyright scholarship and policymaking have proceeded largely on the basis of assumptions about what it actually is. When asked to discuss the source of their inspiration, individual artists describe a process that is intrinsically ineffable. Rights theorists of all varieties have generally subscribed to this understanding, describing creativity in terms of an individual liberty whose form remains largely unspecified. Economic theorists of copyright work from the opposite end of the creative process, seeking to divine the optimal rules for promoting creativity by measuring its …

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 …

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 …

The Lawyer's "Conscience" And The Limits Of Persuasion, Abbe Smith

Georgetown Law Faculty Publications and Other Works

As all practicing lawyers know, interviewing and counseling are at the heart of legal representation. This is what lawyers do, even criminal trial lawyers: we talk with and advise clients. Sometimes, after considering the government’s case and available defenses, we advise clients to go to trial. More often, we advise them to take a plea.

In counseling our clients we can be as “client-centered” as the next lawyer, graciously acceding to our clients’ wishes. This is especially so when the client is making what we regard to be a reasonable choice. But clients are not always reasonable. Sometimes they are …

The Flood: Political Economy And Disaster, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling parameters: a city of luxury alongside squalor, two-thirds Black, one-fourth poor, with the gap between its rich and poor growing at a gallop as the waters of lake and river lapped gently along aging, grass-covered levees.

Freeze the frame before the waters rise, and what do you see? A devastated public school system, where Black children are labeled “failing,” along with their schools. …

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 …

On Leaving Corporate Executives "Naked, Homeless And Without Wheels": Corporate Fraud, Equitable Remedies, And The Debate Over Entity Versus Individual Liability, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

There is a lively debate about the relative merits of entity versus individual liability in cases involving securities fraud. After reviewing this debate in the context of both private securities litigation and SEC enforcement, this paper considers whether the legal tools available against individual executives are adequate, and if not, what changes might be made. The main focus is on equitable remedies, especially rescission and restitution, under both state and federal law. As to the former, Vice Chancellor Strine’s opinion in In re Healthsouth offers an interesting template, although there are limits on the usefulness of derivative suits to police …

Biomedical Research Involving Prisoners: Ethical Values And Legal Regulation, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Until the early 1970's, approximately 90% of all pharmaceutical research was conducted on prisoners, who were also subjected to biochemical research, including studies involving dioxin and chemical warfare agents. By the mid-1970's, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the protection of Human Subjects of Biomedical Research was formed. Federal regulations to protect human subjects of research were established in 1974. Special protections for prisoners were added in 1978, severely limiting research involving prisoners. However, the US correctional system has undergone major changes since the adoption …

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 …

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.

The Development And Application Of A Systematic Approach To Evaluating An Academic Department's Brand Meaning, Cassandra C. Elrod

Doctoral Dissertations

"Research of existing literature indicates that below the university level, there has been little effort made in branding academia, namely academic departments. The lack of branding may significantly affect the perceptions that potential students and future employers of these students have about one of these academic units. The impact may be most significant for units where the fields of study that are represented by the department may be unclear, such as in the case of engineering management. However, even in the cases of better-understood fields of study, for example, electrical engineering, the competition for students with other fields of study …

East Meets West: The Adaptation Of Vietnamese International Students To California Community Colleges, Tam Huu Do

Journal of Southeast Asian American Education and Advancement

No abstract provided.

"Khmer Pride": Being And Becoming Khmer-American In An Urban Migrant Education Program, Theresa Ann Mcginnis

Journal of Southeast Asian American Education and Advancement

This article focuses on the ways an urban migrant education program becomes a space where middle school Khmer students can explore who they are as Khmer youth living in an urban American context. I discuss how the youth are able to take a transformative, interactional stance to the literacy and sign-making practices within the program. I argue that the Khmer youth's identities are reflected within these literacy and expressive practices. Further, I suggest the experiences of these Khmer middle school children of agricultural workers provide rich examples of how immigrant youth draw on a variety of cultural resources (from urban …

Understanding Behavior Of System Of Systems Through Computational Intelligence Techniques, Nil H. Kilicay, Cihan H. Dagli

Engineering Management and Systems Engineering Faculty Research & Creative Works

The world is facing an increasing level of systems integration leading towards systems of systems (SoS) that adapt to changing environmental conditions. The number of connections between components, the diversity of the components and the way the components are organized can lead to different emergent system behavior. Therefore, the need to focus on overall system behavior is becoming an unavoidable issue. The problem is to develop methodologies appropriate for better understanding behavior of system of systems before the design and implementation phase. This paper focuses on computational intelligence techniques used for analysis of complex adaptive systems with the aim of …