Digital Commons Network^™

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, …

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 …

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 …

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 …

A Laboratory Study Of Struvite Precipitation For Phosphorus Removal From Concentrated Animal Feeding Operation Wastewater, Sushmita Dhakal

Masters Theses

"Struvite precipitation occurs spontaneously in many wastewater treatment facilities as a nuisance. However, struvite precipitation is now being studied as a method to concurrently treat high phosphorus wastewaters and generate a valuable product. Many factors influence the precipitation of struvite such as component -ion molar ratios, pH, aeration, solubility, solids and mixing energy. In the present work, struvite precipitation in the actual swine wastewater was studied by strategically controlling aeration, pH, and mixing"--Abstract, page iv.

Application Of Product Family Design For Engineered Systems In Changing Market Space, Mohit Goswami

Masters Theses

"The focus of this paper is on the design of an engineered system for a changing market space. Due to the dynamic nature of the customer requirements, the specification of product offerings in a particular market may change. Manufacturers need to strategically design their product portfolio in such a way that their profitability is maximized, while deploying the right number of platforms necessary for deriving product variants. Depending on the system architecture, subsystems can be classified into one of the two types: scalar subsystems and modular subsystems. Each subsystem is defined by various parameters, performance criteria, and physical compatibility constraints. …

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 …

Formulating Hedging Strategies For Financial Risk Mitigation In Competitive U.S. Electricity Markets, Karthik Viswanathan

Masters Theses

"The challenges currently facing participants in the competitive electricity markets are unique and staggering: unprecedented price volatility, fluctuations in the demand, a lack of historical market data on which to test the new modeling approaches, increased competition and continuously changing regulatory structure...Electricity plant owners and purchasers of electricity may benefit from various techniques to manage price volatility. For electricity, however, no futures market is actively traded. The electricity forward market in NYMEX is in its nascent stage and is low in liquidity. Producers and purchasers of electricity may find cross-hedging electricity with natural gas futures contracts to be effective in …

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.

Socioeconomic Disparities In Health: A Symposium On The Relationships Between Poverty And Health, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The disparities in health between the rich and poor are so striking, and the results so dire, that reducing the gap is an ethical imperative.

A strong and consistent finding of epidemiological research is that socioeconomic status (SES) is correlated with morbidity, mortality, and functioning. SES is a complex combination of income, education, and occupation. Theorists posit that material disadvantage, diminished control over life's circumstances, and lack of social acceptance all contribute to poor health outcomes. The relationship between SES and health often is referred to as a "gradient" because of the graded and continuous nature of the association; health …

Domestic Bonds, Credit Derivatives, And The Next Transformation Of Sovereign Debt, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Not long ago, financial markets in most poor and middle-income countries were shallow to nonexistent, and closed to foreigners. Governments often had to rely on risky borrowing abroad; the private sector had even fewer options. But between 1995 and 2005, domestic debt in the emerging markets grew from $1 trillion to $4 trillion. In Mexico, domestic debt went from just over 20% of the total government debt stock in 1995 to nearly 80% in 2007. Foreign and local investors are buying. Over the same period, derivative contracts to transfer emerging market credit risk surpassed the market capitalization of the benchmark …

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.

2008 Cfw Summit Agenda, Illinois Wesleyan University

Related Documents

No abstract provided.

Front Matter

The Bridge

No abstract provided.

Danish Language And The Church, Robert A. Olsen

The Bridge

The first documented account of a Danish language church service on American soil were those conducted by the Rev. Rasmus Jensen, a Danish Pastor who was part of the Jens Munk led expedition of 1619-1620 to find the Northwest Passage to the Orient. Munk's diary states "We celebrated the Holy Christmas Day solemnly, as is a Christian's duty, with a goodly sermon and a mass. After the sermon we gave the priest an offering .... "1 Unfortunately only Munk and two of his 64 men who embarked on this journey survived the winter and returned home, thus resulting in no …

Reviews

The Bridge

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 …

Utah’S Constitution: Distinctively Undistinctive, Daniel J.H. Greenwood, Christine M. Durham, Kathy Wyer

Hofstra Law Faculty Scholarship

No abstract provided.

Stream-Coordinate Structure And Variability Of The Kuroshio Extension, Penelope Jane Howe

Open Access Master's Theses

Fine horizontal-scale surveys performed during the Kuroshio Extension System Study deployment cruise in May 2004 provide near-synoptic ADCP and CTD data along cross-jet transects just up-stream of the first meander trough of the Kuroshio Extension. An array of Current and Pressure-recording Inverted Echo Sounders (CPIES) deployed during this cruise over a ∼600x600 km region centered on the first meander trough also provide time series of bottom pressure and currents as well as acoustic travel time measurements (τ ), which are converted via the Gravest Empirical Mode method to profiles of temperature, salinity, and specific volume anomaly. This combination allows calculation …

Acoustic Conditioning To Reduce The Impact Of Escapement In Atlantic Salmon (Salmo Salar) Net Pen Aquaculture, Jennifer Andrew

Open Access Master's Theses

Net pen culture is the most common method used to raise salmon, however these farms are typically located in areas through which wild salmon inhabit or migrate and escapes may influence wild stocks. Commercial salmon farms can potentially reduce both economic losses to the producer and impacts on wild stocks by recapturing escapees. Acoustic signaling has been used to concentrate fish species for feeding or harvest and to deter fish from specific areas. The present study investigated the approach of conditioning salmon to associate a tone with feeding to entice return to a specific location allowing recapture. The ability of …

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 …

Development Of A Multiple Truck Presence Model, Cornelius Albrecht

Open Access Master's Theses

In bridge design and evaluation, the characteristics of truck traffic is particularly important. Truck weights and axle configurations are directly used in calculations of maximum load effects including positive bending moments and shear forces in simply-supported bridges as well as negative bending moments of continuous spans. The loading event that is likely to govern a bridge design is t he simultaneous occurrence of two or more heavily loaded trucks- called Multiple Presence. Consequently, the statistics of different loading patterns as well as the weight correlation among coincident trucks are equally important to live load analysis. However, studies of Multiple Presence …

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

Zealous Lawyering Succeeds Against All Odds: Major Mori And The Legal Team For David Hicks At Guantanamo Bay, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Beginning in 2002, when the first detainees were sent to Guantanamo Bay, civilian and military lawyers worked diligently to secure access to those detainees and to provide them with meaningful and zealous representation. It was several years before the first detainee obtained a hearing. That detainee, David Hicks, was an Australian represented by military lawyer, Major Michael (Dan) Mori, other military lawyers, and civilian lawyers. This essay describes the legal, political and media strategy of the Hicks legal team in a highly publicized case that raised profound ethical challenges to the lawyers’ ability to be zealous advocates. In a system …