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On The Reproducing Kernel Hilbert Spaces Associated With The Fractional And Bi-Fractional Brownian Motions, Daniel Alpay, David Levanony

Mathematics, Physics, and Computer Science Faculty Articles and Research

We present decompositions of various positive kernels as integrals or sums of positive kernels. Within this framework we study the reproducing kernel Hilbert spaces associated with the fractional and bi-fractional Brownian motions. As a tool, we define a new function of two complex variables, which is a natural generalization of the classical Gamma function for the setting we consider.

Dgm-Fd: A Finite Difference Scheme Based On The Discontinuous Galerkin Method, Anne Marguerite Fernando

Mathematics & Statistics Theses & Dissertations

Accurate and efficient numerical wave propagation is important in many areas of study such as computational aero-acoustics (CAA). While dissipation and dispersion errors influence the accuracy of a method, efficiency can be assessed by convergence rates and effective adaptability to different mesh structures. Finite difference and finite element methods are commonly used numerical schemes in CAA. Finite difference methods have the advantages of ease of use as well as high order convergence, but often require a uniform grid, and stable boundary closure can be non-trivial. Finite element methods adapt well to different mesh structures but can become difficult to implement …

International Myopia: Hamdan's Shortcut To "Victory", Michael W. Lewis

University of Richmond Law Review

No abstract provided.

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 …

Gone In Sixty Milliseconds: Trademark Law And Cognitive Science, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that "Kodak soap" was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark. Trademark owners think dilution is harmful but have had difficulty explaining why. Many courts have therefore been reluctant to enforce dilution laws, even while legislatures have enacted more of them over the past half century. Courts and commentators have now begun to use psychological theories, drawing on associationist models of cognition, to …

Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …

Privacy, Visibility, Transparency, And Exposure, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

This essay considers the relationship between privacy and visibility in the networked information age. Visibility is an important determinant of harm to privacy, but a persistent tendency to conceptualize privacy harms and expectations in terms of visibility has created two problems. First, focusing on visibility diminishes the salience and obscures the operation of nonvisual mechanisms designed to render individual identity, behavior, and preferences transparent to third parties. The metaphoric mapping to visibility suggests that surveillance is simply passive observation, rather than the active production of categories, narratives, and, norms. Second, even a broader conception of privacy harms as a function …

Guilty Pleas Or Trials: Which Does The Barrister Prefer?, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Barristers in England and attorneys in the United States have been upbraided for pursuing their interests to their clients' detriment in recommending guilty pleas over trials. While this accusation against American attorneys could be true since their incentives are sometimes skewed to favor guilty pleas, it is not accurate with respect to barristers in England. This is because the latter’s selfish incentives--to maximize income and avoid sanction--incline them to prefer trials over guilty pleas. In Melbourne and Sydney, barristers have never been similarly accused. Indeed, the topic has not been studied. Based on interviews with legal professionals in those cities, …

Scrutiny Land, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Scrutiny Land is the place where government needs to justify to a court its restrictions on the liberties of the people. In the 1930s, the Supreme Court began limiting access to Scrutiny Land. While the New Deal Court merely shifted the burden to those challenging a law to show that a restriction of liberty is irrational, the Warren Court made the presumption of constitutionality effectively irrebuttable. After this, only one road to Scrutiny Land remained: showing that the liberty being restricted was a fundamental right. The Glucksberg Two-Step, however, limited the doctrine of fundamental rights to those (1) narrowly defined …

Constitutional Possibilities, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable--whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans …

Are We Dead Yet? The Lies We Tell To Keep Moving Forward Without Feeling, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

Some days it seems easier to live with innocence, as though this afternoon's traffic and tonight's dinner were the big challenges of our lives, as if we could keep turning the key in the ignition and burning the incandescent bulb in the kitchen, magically removed from a grid that involves coal and oil, mercury poisoning, and pipelines, and colonialism and war.

Charles Lawrence wrote an article to prove to himself that he was not crazy. To tired colleagues who were saying, "There are no racists here," an adult variant of "Wasn't me," he chose a response that ruptured. In the …

The Last Straw: The Department Of Justice's Privilege Waiver Policy And The Death Of Adversarial Justice In Criminal Investigations Of Corporations, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The white-collar criminal defense bar has never been reticent to complain about U.S. Department of Justice (DOJ) policies that threaten its clients or the viability of its practice. But nothing--at least in the author's twenty-plus years of involvement in white-collar issues--has consumed the bar as much as the threats posed to the corporate attorney-client privilege and work-product doctrine. While commentators have identified a variety of assaults on these protections, the bar is most vocally outraged by the DOJ policy, pursuant to which, it charges, federal prosecutors regularly insist that corporations waive these protections to secure cooperation credit, declination of criminal …

Climate Change In The Supreme Court, Lisa Heinzerling

Georgetown Law Faculty Publications and Other Works

In Massachusetts v. Environmental Protection Agency, the Supreme Court confronted the issue of climate change for the first time. The Court held that the Clean Air Act gives the Environmental Protection Agency the authority to regulate greenhouse gases and that the agency may not decline to exercise this authority based either on factors not present in the statute or inconclusive gestures toward uncertainty in the science of climate change. I had the privilege of serving as the lead author of the winning briefs in this case. This Article provides an insider's perspective on the choices that went into bringing and …

What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent’s religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for “spiritual custody,” …

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 …

An Analysis Of Alberta's First Nations, Metis, And Inuit School-Community Learning Environment Project, Kelly Burke Thomas

Graduate Student Theses, Dissertations, & Professional Papers

The First Nations, Métis, and Inuit School-Community Learning Environment Project was one of the programs through which the Aboriginal Branch of Alberta Education attempted to increase the academic success rate of First Nation, Métis, and Inuit students. Sixteen school jurisdictions in Alberta were asked to choose one school within their district on which to focus the resources offered by the Project. These resources included a large amount of money and print materials prepared by the Aboriginal Branch. The schools were asked to consult with the school community and area residents, including elders, to prepare strategies they believed would fulfill the …

A Cheerio Tastes Like The Body Of Christ: A Memoir, Steven Joseph Schwab

Graduate Student Theses, Dissertations, & Professional Papers

Schwab, Steven, M.A., Summer 2008 Integrated Arts and Education A Cheerio Tastes Like the Body of Christ: A Memoir Chair: Dr. James Kriley, Committee member: Dorothy Morrison Committee member: Karen Kaufmann This memoir documents my personal spiritual journey from childhood to present day. I have selected six events from my history that illustrate this theme. The memoir describes my family’s strong connection to the Roman Catholic religion, my participation in following the dogma of the Church, a rejection of the religion and the search for a philosophy that satisfied my needs. The settings for the pieces are in Idaho, Oregon, …

Tillage Erosion Coefficients For Selected Tillage Tools, Javier Mollinendo

Electronic Theses and Dissertations

Soil loss as a result of differential translocation of soil by tillage is widespread in regions with irregular topography. Tillage erosion models are based on field derived transport coefficients that are specific to the tillage tool being used. Variables like speed and depth of tillage can modify tillage erosion transport coefficients. Four treatments were established for this research: moldboard plow, chisel plow, tandem disk, and no-till drill. The primary research site was located in Rock County MN, 43° 39 '40.24 "N, and 96° 24' 17.25" W, with a fine-loamy, mixed, superactive, mesic Cumulic Endoaquolls (USDA, 2006). The objectives of this …

Cover And Contents

Turkish Journal of Biology

No abstract provided.

Technology And Signal Processing For Brain-Machine Interfaces, Justin C. Sanchez, Jose C. Principe, Toshikazu Nishida, Rizwan Bashirullah, John G. Harris, José A.B. Fortes

Electrical and Computer Engineering Faculty Research & Creative Works

Brain-machine interfaces (BMIs) aid disabled humans. BMI systems face challenges such as interfacing with neural tissue, selecting the most appropriate control signals, acquiring data and decoding patient intent in implantable or wearable computers. They must be able to adapt to different variety of behavioral states. Today's hybrid BMI systems consume less power and are made to chronically extract control commands from the nervous system. In terms of signal processing approaches, one challenge for BMI data analysis is learning how to handle large multi-input multi-output systems with signal representations that span continuous and discrete time. BMI systems also need sufficient information …

Estimation Of Earthquake Loss Due To Bridge Damage In The St. Louis Metropolitan Area. Ii: Indirect Losses, David Lee Enke, Chakkaphan Tirasirichai, Ronaldo Luna

Engineering Management and Systems Engineering Faculty Research & Creative Works

An approach to estimate the indirect economic loss due to damaged bridges within the highway system from an earthquake event is presented. The indirect cost considered refers to the increased highway transportation cost only. The study zone covers the St. Louis metropolitan area and its surrounding suburban regions. An earthquake scenario centered in St. Louis, with a magnitude 7.0 is used. The direct earthquake loss was primarily damage to bridges, which causes an increase in travel time and distance within the transportation network. This information is then used as input for the indirect loss model. The indirect loss is examined …

The Legalities Of Stream Interventions: Accretive Changes To New York State's Riparian Doctrine Ahead, D. S. Pensley

Pace Environmental Law Review

No abstract provided.

Negligence In The Air? Should Alternative Liability Theories Apply In Lead Paint Litigation?, John S. Gray, Richard O. Faulk

Pace Environmental Law Review

No abstract provided.

Agency Inaction And The Regulatory Commons Theory: Lessons From New York State's Experience With Dry Cleaner Co-Location , John A. Vassallo Iii

Pace Environmental Law Review

No abstract provided.

Self-Produced Child Pornography: The Appropriate Societal Response To Juvenile Self-Sexual Exploitation, Mary Graw Leary

Scholarly Articles

The issues of “sexting” and “self-produced child pornography” (SPCP) have captured the attention of the media, courts, and state legislatures. A debate rages among advocates, policy makers, and reporters about how the law should address this activity. More than sixteen states have considered special legislation to address the problem and litigation has ensued. Lost in the debate are many realities including the complexity of the problem. This behavior implicates aspects of child development, child sexuality, child exploitation, teen dating violence, education, and parenting. While any deliberation about children and how the law should protect children is positive, sensationalism and oversimplification …

Kennedy V. Louisiana: A Chapter Of Subtle Changes In The Supreme Court’S Book On The Death Penalty—Sex Offenders: Recent Developments In Punishment And Management, Mary Graw Leary

Scholarly Articles

This paper examines the recent decision regarding the unconstitutionality of Louisiana's death penalty punishment for certain cases of child rape. The paper explores some of the nuanced language of the opinion as it indicates sublte shifts in the Court's death penalty analysis.

Control, Counter-Examples, And Reasons-Reluctance, Nicolas Michaud

UNF Graduate Theses and Dissertations

This work considers the soundness of Henry Frankfurt's argument that the principle of alternative possibilities is false and the implications of his argument for holding agents responsible in a causally determined universe. Frankfurt does seem to be pointing clearly to the fact that many of us do continue to hold agents responsible despite a lack of alternative possibilities. What Frankfurt may be lacking is an adequate account of control which is taken up by John Martin Fischer. What Fischer presents us with is the possibility that the reason why we continue to hold Jones responsible is because of the kind …

Substance Use And Barriers To Treatment Across Native Hawaiians/Pacific Islanders And Asian Americans, Lauren Michelle Levine

UNF Graduate Theses and Dissertations

Research shows that Asian Americans have lower rates of substance abuse treatment utilization than Caucasians. However, investigators have recently begun to separate Native Hawaiians/Pacific Islanders (NH/PI) from Asian Americans. Thus, it remains unclear whether disparities in barriers to treatment utilization differ across NH/Pis and Asian Americans. Data (N = 43,093) from the 2001-2002 National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a large, nationally representative survey was used in this study. A chi-square analysis examined whether disparities in barriers and utilization differed between NH/Pis (n = 300) and Asian Americans (n = 1,334). We found that NH/Pis who thought …

Parenting In Filipino Transnational Families, Amethyst Reyes Taylor

UNF Graduate Theses and Dissertations

This qualitative study analyzed the experience of parenting within Filipino Overseas families as perceived by adult children. The impact of overseas workers is invaluable to the Philippine economy. The current study explored the dimensions of having a parent, mother or father, who is an overseas worker, acknowledging that there are clear challenges of parenting children with the barriers of geographical distance. International long distance telephone interviews were conducted with adult children of Filipino overseas workers. Results from consensual qualitative research analysis (C. E. Hill et al., 2005; C. E. Hill, B. J. Thompson, & E. N. Williams, 1997) indicated two …