Digital Commons Network^™

Does Doj's Privilege Waiver Policy Threaten The Rationales Underlying The Attorney-Client Privilege And Work Product Doctrine? A Preliminary "No", Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

According to white-collar defense practitioners, the demise of the corporate attorney-client privilege and work product doctrine is imminent. While a variety of assaults have been identified, by far the most oft-cited culprit is the U.S. Department of Justice (DOJ), whose prosecutors, it is charged, have routinely insisted that corporations waive these protections to secure cooperation credit and declination of criminal action against the corporate actor and/or consideration at sentencing. DOJ has, by and large, vigorously defended its policies in this regard. Congress now threatens to inject itself into the debate: legislation entitled the "Attorney-Client Privilege Protection Act" has been introduced …

The Inevitability Of Conscience: A Response To My Critics, David Luban

Georgetown Law Faculty Publications and Other Works

This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.

In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …

Dual Regulation, Collaborative Management, Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

To realize the goals of conservation biology and ecosystem management, the institutions that govern these systems must be able to work together harmoniously, across political boundary lines and into a biologically uncertain future. The rigidity of the current public lands model creates substantial barriers to the achievement of these goals.

This article's working premise is that unless the current governance structure for the management of public lands changes, the political conflicts over their use and management will continue to blight their future, just as it has marred their past. Further, failing to adapt the management of public lands to our …

Time To Start Over On Deferred Compensation, Michael Doran

Georgetown Law Faculty Publications and Other Works

Writing good regulations--"good" in the sense of promoting the public interest--always presents challenges. Regulators must hit a small but important target where private conduct is brought within appropriate government control, but unnecessary compliance burdens and other deadweight costs are minimized. Even if they see the government's objectives clearly, regulators often have only a limited understanding of the underlying private activities. Moreover, regulators may be unaware of how their rules disrupt or distort those activities in socially harmful ways.

Regulators occasionally hit the target exactly. More often, they miss--though not by an intolerably wide margin (good enough for government work, as …

After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …

Time To Start Over On Deferred Compensation, Michael Doran

Georgetown Law Faculty Publications and Other Works

Government regulators would do well to follow simple heuristics like that. Writing good regulations--"good" in the sense of promoting the public interest--always presents challenges. Regulators must hit a small but important target where private conduct is brought within appropriate government control, but unnecessary compliance burdens and other deadweight costs are minimized. Even if they see the government's objectives clearly, regulators often have only a limited understanding of the underlying private activities. Moreover, regulators may be unaware of how their rules disrupt or distort those activities in socially harmful ways.

Regulators occasionally hit the target exactly. More often, they miss--though not …

Moral Conflict And Conflicting Liberties, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

The authors' goal in this chapter is to surface some of the commonalities between belief liberty and identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. She first wants to make transparent the conflict that she believes exists between laws intended to protect the liberty of lesbian, gay, bisexual, and transgender (LGBT) people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. The author believes those who advocate for LGBT equality have downplayed the impact of such …

The Carbonatite-Hosted Apatite Deposit Of Jacupiranga, Se Brazil: Styles Of Mineralization, Ore Characterization And Association With Mineral Processing, Paula Regina Alves

Masters Theses

"The carbonatite-hosted apatite deposit of Jacupiranga is located in southeastern Brazil. The major styles of apatite mineralization are veins or veinlets, small pods or patches, disseminated apatite, and massive aggregates (locally). The concentration of apatite involves grinding of the carbonatite, removal of magnetite with a magnet drum, size classification with cyclones, and flotation to suppress carbonates and collect apatite. Samples of carbonatite were collected from more recent exposures of the mine and drill holes. This study utilized a variety of microscopy methods, namely transmitted and reflected light, cathodoluminescence (CL), and scanning electron microscopy (with wavelength-dispersive spectrometers for mineral compositions)"--Abstract, page …

Business Risk In Early Design: An Approach, Rahul Basavaraj Patil

Masters Theses

"The Business Risk in Early Design (B-RED) method is a tool used to determine the potential risks in business, in the early business development stages. In order to launch a successful business in today's competitive market environment, the business should equip itself to face the risks involved in business. If the potential risks are identified even before the launch of the business, then there is an opportunity to avert risks with little or no impact to the budget and schedule. The B-RED method presented in this thesis helps entrepreneurs and people with little or no experience in business to identify …

Analysis Of Access-To-Space Missions Utilizing On-Board Energy Management And Entropic Analysis, Tyler Winter

Masters Theses

"The overall objective of this study is the thermodynamically consistent quantification of second-law and performance losses for vehicle configurations implemented or suggested for access-to-space missions and the development of the relationships between the mission entropy generation and overall mission performance. The detailed theory which allows thermodynamically rigorous loss accounting (entropy generation and direct relationship to vehicle performance) is developed and discussed for aerospace vehicles. A full vehicle trajectory code utilizing simplified models for multi-stage rockets and air-breathing propulsion systems is developed and validated specifically for use as a testbed for second law-based theory and concepts. Results are shown in which …

Image Analysis Techniques For Vertebra Anomaly Detection In X-Ray Images, Mohammed Das

Masters Theses

"In this research, imaging techniques are investigated for the analysis and detection of abnormalities in cervical and lumbar vertebrae. Detecting vertebra anomalies pertaining to osteoarthritis such as claw, traction and anterior osteophytes can aide in treatment plans for the patient. New size invariant features were developed for the detection of claw, traction and anterior osteophytes in cervical spine vertebrae. Using a K-means clustering and nearest centroid classification approach, the results were generated that were capable of discriminating cervical vertebrae for presence of anomalies related to osteophytes. The techniques developed can be integrated into systems based on querying spine images to …

Codes And Hypertext: The Intertextuality Of International And Comparative Law, Marylin J. Raisch

Georgetown Law Faculty Publications and Other Works

The field of information studies reveals gaps in the literature of international and comparative law as part of interdisciplinary and textual studies. To illustrate the kind of theoretical and text-based work that could be done, this essay provides an example of such a study. Religious law texts, civil law codes, treaties and constitutional texts may provide a means to reveal the nature of hypertext as the new format for commentary. Margins used to be used for commentary, and now this can be done with hypertext and links in footnotes. Scholarly communication in general is now intertextual, and texts derive value …

A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker

Georgetown Law Faculty Publications and Other Works

We are headed for our first wartime Presidential transition in forty years. The good news is that this has prompted uncommon attention to the process of transition. The bad news is that transitions are difficult in the best of circumstances; forewarned does not always equal prepared. The United States handles transitions well on a strategic level. Strategic continuity is found in the Constitution. Transition is also part of the rhythm of government. The intelligence community, for example, has a sound tradition of briefing candidates and Presidents-elect. However, there is tactical vulnerability. An outgoing administration may hesitate to initiate all but …

The Twenty Year Test: Principles For An Enduring Counterterrorism Legal Architecture, James E. Baker

Georgetown Law Faculty Publications and Other Works

The United States faces three enduring terrorism-related threats. First, there is the realistic prospect of additional attacks in the United States including attacks using weapons of mass destruction (“WMD”). Second, in responding to this threat, we may undermine the freedoms that enrich our lives, the tolerance that marks our society, and the democratic values that define our government. Third, if we are too focused on terrorism, we risk losing sight of this century’s other certain threats as well as the capacity to respond to them, including the state proliferation of nuclear weapons, nation-state rivalry, pandemic disease, oil dependency, and environmental …

Torture And The Professions, David Luban

Georgetown Law Faculty Publications and Other Works

This paper examines the roles played by the learned professions in torture and cruel, inhuman, or degrading treatment carried out by the United States in the war on terrorism. It takes lawyers, physicians, psychologists, and anthropologists as its case studies. It originated as the keynote speech at the Association of Practical and Professional Ethics annual meeting in 2007.

The Doj Risks Killing The Golden Goose Through Computer Associates/Singleton Theories Of Obstruction, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The DOJ, through its corporate criminal charging policy, puts a premium on corporate cooperation with prosecutors. The "partnership" that the DOJ's cooperation policy demands of corporations is extremely valuable. But the DOJ threatens to kill its own golden goose by bringing a spate of high-profile prosecutions of corporate executives (Sanjay Kumar, Stephen Richards, and Greg Singleton) for obstruction of an "official proceeding" premised on their lies to the corporation's own counsel.

Federal Grants, State Decisions, Brian Galle

Georgetown Law Faculty Publications and Other Works

The authority to raise and spend money is one of the most expansive and fundamental of all Congress' enumerated powers, particularly when Congress chooses to impose conditions on those who wish to receive its cash. The consensus modern view of this conditional spending is that its unfettered use threatens the diversity and accountability goals of our federalism. As a result, nearly all commentators support either direct or indirect judge-made limits on conditional spending. These claims, I argue, rest on a set of largely unexamined assumptions about the political motivations, budgetary situation, and incentives of the state officials who must decide …

Federal Fairness To State Taxpayers: Irrationality, Unfunded Mandates, And The 'Salt' Deduction, Brian Galle

Georgetown Law Faculty Publications and Other Works

By sheer dollars alone, the largest impact of the Alternative Minimum Tax is to deny many taxpayers the deduction for the taxes they paid to their state and local governments under § 164 of the Internal Revenue Code. This Article provides a fine-grained analysis of the overall fairness of the state- and local-tax deduction ¿ and, by implication, the fairness of its partial repeal through the Alternative Minimum Tax. I offer for the first time a close examination of how newly understood limits on taxpayer mobility and rationality might affect individuals' choices of bundles of local taxes and local government …

Evaluating The Effects Of A Trust-Building Intervention On Employee Trust, Travis O. Davidson

Theses and Dissertations

This quasiexperimental study investigated the effects a trust-building intervention had on employee trust specifically in such areas as transparency, responsiveness, understanding and caring, sincerity, and trustworthiness. Specifically, this study addressed the research questions about whether a trust-building intervention with supervisors led to improved working relationships with nonmanagement employees and whether improvements in the working relationships persisted and remained detectable for 6 weeks following the intervention.

Preintervention and postintervention questionnaires were administered to nonmanagement experimental and control groups to measure the dimensions of transparency, responsiveness, understanding and caring, sincerity, and trustworthiness. The results indicated that the trust-building intervention had a positive …

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.

Rapid Evolution In Introduced Species, ‘Invasive Traits’ And Recipient Communities: Challenges For Predicting Invasive Potential, Kenneth D. Whitney, Christopher A. Gabler

School of Earth, Environmental, & Marine Sciences Faculty Publications

The damaging effects of invasive organisms have triggered the development of Invasive Species Predictive Schemes (ISPS). These schemes evaluate biological and historical characteristics of species and prioritize those that should be the focus of exclusion, quarantine, and/or control. However, it is not clear how commonly these schemes take microevolutionary considerations into account. We review the recent literature and find that rapid evolutionary changes are common during invasions. These evolutionary changes include rapid adaptation of invaders to new environments, effects of hybridization, and evolution in recipient communities. Strikingly, we document 38 species in which the specific traits commonly associated with invasive …

Bs News

Building Services Engineering

No abstract provided.

The Effect Of Changes In The Federal Funds Rate On Stock Markets: A Sector-Wise Analysis, Kunaey Garg '08

Honors Projects

The federal funds rate is an indicator of monetary policy that investors in the stock market scrutinize very closely. This paper determines the relationship between changes in the federal funds rate and sector stock indexes. The paper goes on to determine why particular sectors are more sensitive to interest rate changes than others. Weekly returns of the Dow Jones ICB classified financial, energy, utilities, materials, industrials, consumer goods, consumer services, information technology, health care and telecommunications sectors are analyzed using separate OLS regression models for each sector. The results show that the utilities, financials, telecom and basic materials sectors are …

The Effect Of Gender Inequality On Growth: A Cross-Country Empirical Study, Quentin Brummet '08

Honors Projects

Recently, a large amount of economic literature has focused on the empirical determinants of economic growth, especially the impact of human capital. These studies have established that human capital is a very significant determinant of growth. However, relatively few studies have examined the effect of misallocation of human capital on the basis of gender. Furthermore, those that study gender inequality consider different measures of inequality, different control variables, and different data sets. This study attempts to investigate the robustness of these previous findings. Using OLS regressions and more recent data than past studies, the results highlight the fact that cross …

Comparison Of Reweaving And Reknitting Techniques With Textile Conservation Repair Methods, Sandra C. Aho

Open Access Master's Theses

Reweaving and reknitting techniques rebuild losses in textiles by replacing damaged yams to duplicate original structures and patterns. Traditionally viewed as restorative methods used mainly for consumer clothing and household furnishings, reweaving and reknitting have much potential for adaptation to the repair and stabilization of historic and collectible textiles.

Standard textile conservation repair and stabilization techniques utilize handsewn underlay and overlay patches and adhesive-coated underlay supports. Although these techniques can provide practical and time-saving approaches for a wide variety of situations, problems with these techniques can sometimes develop over the long term when issues of structural integrity and appearance are …

Shanthi Sena: Unarmed Peacekeeping, Dennis August Almeida

Open Access Master's Theses

Where questions of violence and nonviolence cannot be raised inside a polity, it becomes obligatory that social scientists undertake them from the outside (Paige 2002:92). And if we are to "transform our society from a psychology of killing and threats to kill to one that is life-enhancing and spiritually fulfilling," (Ariyaratne 1999:73) then social science research on nonviolence and unarmed peacekeeping is an imperative. With this in mind I investigated the Shanthi Sena (Peace Brigade), an independent unit of the Sarvodaya Sharamadana Movement in Sri Lanka, through a six week in-depth case study; a full description, understanding and appreciation of …

I'M Not Dead Yet: An Analysis Of The Recent Supreme Court Of Mississippi's Wrongful Death Jurisprudence, Patrick J. Schepens

MC Law Review

Symposium on Religion, Religious Pluralism, and the Rule of Law: Comment

Thurgood Marshall's Forlorn Battle Against Racial Discrimination In The Administration Of The Death Penalty: The Mccleskey Cases, 1987, 1991, Howard Ball

MC Law Review

Justice Thurgood Marshall: Exploring the Life and Legacy of One of America's Most Celebrated Jurists

Proposed Tax Return Preparer Penalty Regulations: A Comparison With Existing Guidance, Mitchell M. Gans, Elisabeth O. Madden, Jonathan G. Blattmachr

Hofstra Law Faculty Scholarship

No abstract provided.

An Action For A Classical String, The Equation Of Motion And Group Invariant Classical Solutions, Paul Bracken

School of Mathematical & Statistical Sciences Faculty Publications

A string action which is essentially a Willmore functional is presented and studied. This action determines the physics of a surface in Euclidean three space which can be used to model classical string configurations. By varying this action an equation of motion for the mean curvature of the surface is obtained which is shown to govern certain classical string configurations. Several classes of classical solutions for this equation are discussed from the symmetry group point of view and an application is presented.