Digital Commons Network^™

Keeping The Coast Clear: Lessons About Protecting The Natural Environment By Controlling Industrial Development Under Delaware's Coastal Zone Act, Kenneth T. Kristl

Pace Environmental Law Review

No abstract provided.

The Federal Marriage Amendment And The False Promise Of Originalism, Thomas Colby

GW Law Faculty Publications & Other Works

This Article approaches the originalism debate from a new angle - through the lens of the recently defeated Federal Marriage Amendment. There was profound and very public disagreement about the meaning of the FMA - in particular about the effect that it would have had on civil unions. The inescapable conclusion is that there was no original public meaning of the FMA with respect to the civil unions question. This suggests that often the problem with originalism is not just that the original public meaning of centuries-old provisions of the Constitution is hard to find (especially by judges untrained in …

The Sec's Global Accounting Vision: A Realistic Appraisal Of A Quixotic Quest, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

In the most revolutionary securities law development since the New Deal, the SEC is poised to jettison rules requiring companies to apply recognized US accounting standards by inviting use of a new set of international ones created by a private London-based organization. This radical shift follows decades of gradual movement towards international standards that has gained momentum since 2005 when all listed companies in the European Union were required to use them. For the US, the SEC could give companies the option to use either or establish a medium-term plan to move US companies to international standards within a decade. …

Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger A. Fairfax Jr.

GW Law Faculty Publications & Other Works

Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to non-constitutional trial errors until forty years ago, when the Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees - the right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the harmless …

Quanta V. Lg Electronics: Frustrating Patent Deals By Taking Contracting Options Off The Table?, F. Scott Kieff

GW Law Faculty Publications & Other Works

The Supreme Court's unanimous decision in Quanta v. LG Electronics may make it significantly more difficult to structure transactions involving patents. While this decision does make a group of players into winners in the immediate term for existing patent deals (this group includes any customer who, like Quanta, buys patented parts without buying a patent license), almost everyone is likely to come out a loser going forward.

The Court in Quanta decided that a patent license that LG Electronics sold only to Intel - and explicitly limited to exclude Intel's customers, like Quanta, and priced to reflect these modest ambitions …

Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman

GW Law Faculty Publications & Other Works

This article explores the application of the principles of sustainability to management of lands and resources under the jurisdiction of the U.S. Forest Service and the Bureau of Land Management. These two agencies operate a mandate to manage the resources under their control to achieve sustained yield. In this context, sustainability has operated to date primarily in an aspirational fashion, as a broad objective of public land management, rather than as a useful management tool or an enforceable constraint on agency management discretion. The article urges the adoption of amendments to the laws under which the Forest Service and the …

The Gay Panic Defense, Cynthia Lee

GW Law Faculty Publications & Other Works

In this article, I examine the use of gay panic defense strategies in the criminal courtroom. I argue that such strategies are problematic because they reinforce and promote negative stereotypes about gay men as sexual deviants and sexual predators. Gay panic defense strategies are also troubling because they seek to capitalize on unconscious bias in favor of heterosexuality which is prevalent in today's heterocentric society. Most critics of the gay panic defense have proposed that judges or legislatures should bar gay panic arguments from the criminal courtroom. I take a contrary position and argue that banning gay panic arguments from …

Hate Crimes And The War On Terror, Cynthia Lee

GW Law Faculty Publications & Other Works

This chapter, which will be part of a 5 volume treatise entitled, Hate Crimes: Perspectives and Approaches (Barbara Perry ed. forthcoming 2009), situates the private acts of hate violence committed against Arab-Americans, Muslim-Americans, Sikh-Americans, and South Asian-Americans in the aftermath of 9/11 into the broader context of the war on terror. In Part I, after providing some general background information on hate crimes, I discuss some of the hate crimes committed in the aftermath of 9/11. In Part II, I examine two common stereotypes about Arabs and Muslims which likely contributed to the post 9/11 backlash against Arabs and Muslims …

There Is A There There: How The Zippo Sliding Scale Has Destabilized The Structural Foundation Of Personal Jurisdiction Analysis, Catherine J. Ross

GW Law Faculty Publications & Other Works

In 1997, the Federal District Court for the Western District of Pennsylvania evaluated one in a line of emerging personal jurisdiction cases that raised the question of whether Internet-based contacts with citizens of the forum state can alone establish the defendant purposefully availed himself of the benefits and protections of the forum state. In this unlikely watershed case, Zippo Mfg. Co. v. Zippo Dot Com, the District Court wrangled with the new concept of purposeful availment through electronic contact with the forum state. The court viewed Zippo and its antecedents as components of a new body of personal jurisdiction law: …

Interpreting The Americans With Disabilities Act: A Case Study In Pragmatic Judicial Reconstruction, Michael Selmi

GW Law Faculty Publications & Other Works

This article challenges the prevailing academic consensus regarding the Supreme Court's interpretation of the Americans With Disabilities Act ("ADA"). In a series of cases over the last decade, the Supreme Court has sharply limited the scope of the statute by narrowly defining what constitutes a disability, and most commentators have attributed the cases to a judicial backlash or a lack of empathy for the disabled. This article offers a counter narrative. Although the Supreme Court's interpretations have plainly narrowed the scope of the statute, and without regard to congressional intent, I suggest that the decisions are largely consistent with congressional …

Understanding Privacy (Chapter One), Daniel J. Solove

GW Law Faculty Publications & Other Works

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible.

In UNDERSTANDING PRIVACY (Harvard University Press, May 2008), Professor Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family …

Data Mining And The Security-Liberty Debate, Daniel J. Solove

GW Law Faculty Publications & Other Works

In this essay, written for a symposium on surveillance for the University of Chicago Law Review, I examine some common difficulties in the way that liberty is balanced against security in the context of data mining. Countless discussions about the trade-offs between security and liberty begin by taking a security proposal and then weighing it against what it would cost our civil liberties. Often, the liberty interests are cast as individual rights and balanced against the security interests, which are cast in terms of the safety of society as a whole. Courts and commentators defer to the government's assertions about …

The New Vulnerability: Data Security And Personal Information, Daniel J. Solove

GW Law Faculty Publications & Other Works

This book chapter was originally written for a conference on privacy and security at Stanford Law School held in March 2004. The chapter argues that abuses of personal information are caused by the failure to regulate the way companies manage personal information. Despite taking elaborate technological measures to protect their data systems, companies readily disseminate the personal information they have collected to a host of other entities and sometimes even to anyone willing to pay a small fee. Companies provide access to their record systems over the phone to anybody in possession of a few easy-to-find pieces of personal information …

Ball On A Needle: Hein V. Freedom From Religion Foundation And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In Hein v. Freedom from Religion Foundation, decided in June of 2006, the Supreme Court ruled that federal taxpayers lacked standing to bring an Establishment Clause challenge to a series of conferences designed to promote the Faith-Based and Community Initiative. The explicit grounds for Justice Alito's opinion, speaking for a plurality, is a distinction between legislative decisions to tax and spend for religion - still challengeable by taxpayers - and discretionary executive branch action, which taxpayers may not challenge.

This paper takes a close look at Hein, examines its conceptual underpinnings, and analyzes the questions likely to follow in its …

Constitutional Change And Responsibilities Of Governance Pertaining To The Faith-Based And Community Initiative, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper, commissioned and published in June 2008 in connection with the White House-sponsored Conference on Innovations in Effective Compassion, addresses the changing legal environment relevant to government partnerships with religious providers of social services. In particular, the paper maps the federal government's regulatory agenda in connection with the Faith-Based and Community Initiative (FBCI) onto the changes in constitutional law over the past several decades. After briefly surveying the key developmental points in the relevant constitutional law, the paper explores specific changes in federal regulations governing aid to religious providers of welfare services, and considers the litigation efforts that have …

The Cross At College: Accommodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In the fall of 2006, President Gene Nichol of the College of William & Mary decided that the college - a public institution - should no longer display a cross on the altar table of the college's Wren Chapel. He ordered the cross moved to a back room, from which it could be returned to the altar table during Christian worship. This decision sparked an outcry from many Christian conservatives, who asserted that President Nichol was undermining the college's historical legacy. After a period of campus furor, a special Committee proposed and the President accepted a compromise - the cross …

Key Role Of Splenic Myeloid Dcs In The Ifn-Alphabeta Response To Adenoviruses In Vivo., György Fejer, Lisa Drechsel, Jan Liese, Ulrike Schleicher, Zsolt Ruzsics, Nicola Imelli, Urs F. Greber, Simone Keck, Bernd Hildenbrand, Anne Krug, Christian Bogdan, Marina A. Freudenberg

School of Biomedical Sciences

The early systemic production of interferon (IFN)-alphabeta is an essential component of the antiviral host defense mechanisms, but is also thought to contribute to the toxic side effects accompanying gene therapy with adenoviral vectors. Here we investigated the IFN-alphabeta response to human adenoviruses (Ads) in mice. By comparing the responses of normal, myeloid (m)DC- and plasmacytoid (p)DC-depleted mice and by measuring IFN-alphabeta mRNA expression in different organs and cells types, we show that in vivo, Ads elicit strong and rapid IFN-alphabeta production, almost exclusively in splenic mDCs. Using knockout mice, various strains of Ads (wild type, mutant and UV-inactivated) and …

Effects Of Age, Sex, Feather Colour, Body Measurements, And Body Weight On Down And Feather Yield In Native Turkish Geese, Mustafa Saatci

Turkish Journal of Veterinary & Animal Sciences

The aim of this study was to calculate the feather and down production by native Turkish geese and to investigate the effects on these traits. In total 145 native Turkish geese were used in the experiment. The birds were divided into 4 groups according to their feather colour at 10 and 12 weeks of ages. They were individually weighed and measured with the help of wing tags. Geese at 10 weeks had heavier feathers than those at 12 weeks, while geese at 12 weeks produced more down (P < 0.01). As detected in down weight, the older group has a greater amount of total feathers than the younger group (P < 0.001). Male geese produced significantly heavier feathers and down than females (P < 0.05). While black geese produced the heaviest feathers, yellow geese produced the heaviest down (P < 0.05). White geese generated the lightest weights of the products. The strongest correlation was found between total feather yield and chest girth (0.75). Reasonable correlations were detected between liveweight and other traits (0.36-0.62). This is not a widely studied subject in Turkey; therefore, the data obtained can be used for the identification of native Turkish geese.

Associations Between Ghr And Igf-1 Gene Polymorphisms, And Reproductive Traits In Wenchang Chickens, Hui Fang Li, Wen Qi Zhu, Kuan Wei Chen, Xu Wu, Qing Ping Tang, Yu Shi Gao

Turkish Journal of Veterinary & Animal Sciences

Alleles of physiological candidate genes for reproductive traits, insulin-like growth factor-1 (IGF-1), and growth hormone receptor (GHR) were assessed to determine their associations with total egg production (NE), average days of continual egg-laying (ADCE), and number of double yolk eggs (DYE) in Wenchang chickens (Chinese indigenous breed). PCR-RFLP was used for genotype identification. The frequency of restriction enzyme C1/C2 alleles in the population was 0.53 (C1) and 0.47 (C2) for IGF-1. For GHR-intron 2 it was 0.06 and 0.94 for (A1) and (A2), respectively, while for GHR-intron 5 it was 0.20 (B1) and 0.80 (B2). Four significant associations were found …

The Effects Of Seminal Plasma, Skim Milk, And Tyrodes Solutions On Survival Of Stallion Sperm Stored At 4 °C, Ergun Akçay

Turkish Journal of Veterinary & Animal Sciences

This study was conducted to evaluate the effects of skim milk, skim milk extender supplemented with modified Tyrode´s medium, and seminal plasma (obtained from the sperm-rich fraction) on stallion sperm survival after 24 h cooled storage at 4 °C. Ejaculates from 3 Finnhorse stallions were used in this study. Ejaculates were collected by an automated phantom (Equidame) which separates fractions of semen into 5 cups. Only the second cup (sperm-rich fraction) was used to obtain spermatozoa and seminal plasma for the experiment. Semen was diluted with the stallion´s own second cup seminal plasma and the extenders to a final concentration …

Cryosurgical Treatment Of Anal Sac Fistulae In Dogs, Mehmet Sağlam, Ümi̇t Kaya

Turkish Journal of Veterinary & Animal Sciences

Seven dogs of different breed, age, and sex that were diagnosed with anal sac fistulae upon clinical examination constituted the study material. Sedation for the procedure was maintained by means of xylazine hydrochloride administered intramuscularly. The patients were placed in the lateral recumbency position for the insertion into the fistulae of an appropriate probe, selected according to the lesion. Rapid cooling and spontaneous thawing were performed. This procedure was performed twice consecutively. The cooling temperature was adjusted to between -30 and -50 °C. The lesion healed completely between weeks 3 and 6 following the demarcation of necrotic tissue and growth …

Morphology And Arterial Vasculature Of Donkey (Equus Asinus L.) Adrenal Gland, Emi̇ne Karakurum, Özcan Özgel, Nejdet Dursun

Turkish Journal of Veterinary & Animal Sciences

In this study, the shape, localization, and arterial vascularization of the gl. adrenalis were examined in 6 donkeys. It was observed that the internal side of the gl. adrenalis sinistra was located against the aorta abdominalis and the caudal aspect of the gland was in the ventral aspect of the a. renalis sinistra. The length of the left adrenal gland was approximately 41.49-47.44 mm, while its width was about 21.70-26.24 mm, and the thickness was nearly 4.65-7.56 mm. The shape of the left adrenal gland was oval or nearly circular. The gl. adrenalis sinistra was vascularized by the rr. adrenalis …

Toxicity Of Heliotropium Dolosum, Heliotropium Circinatum, And Senecio Vernalis In Parental Quail And Their Progeny, With Residue Evaluation Of Eggs, Yesari̇ Eröksüz, Ali̇ Osman Çeri̇başi, Aydin Çevi̇k, Hati̇ce Eröksüz, Fatma Tosun, Uğur Tamer

Turkish Journal of Veterinary & Animal Sciences

In all, 160 Japanese quail (80 male and 80 female) were divided into 4 groups (3 test groups and 1 control group). The test groups were fed a diet containing aerial parts (leaves, stems, and flowers) of Senecio vernalis (SV group), Heliotropium dolosum (HD group), or Heliotropium circinatum (HC group) at the level of 30% for 6 weeks, and the control group was fed 0% in order to evaluate parental and progenial toxicity, along with the transference of alkaloid residues to their eggs. The pyrrolizidine alkaloid content in the feed was 390 mg/kg in the HD group, 450 mg/kg in …

Putting Missouri V. Holland On The Map, Edward T. Swaine

GW Law Faculty Publications & Other Works

This paper, published as part of symposium on Missouri v. Holland, explores how the circumstances of that case relate to modern criticisms of Congress' Necessary and Proper power and the doctrine of non-self-executing treaties. Focusing on some of the original concerns - for example, the need for further domestic implementation by Canada (and not, to the same degree, by the United States), the need for spending legislation, and the provision of criminal penalties - unsettles not only the understanding of the Supreme Court's decision, but also more recent critiques of the doctrines with which it has long been associated.

Emerging Policy And Practice Issues (2007), Steven L. Schooner, Danielle M. Conway

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2007), attempts to identify the key trends and issues for 2008 in U.S. federal procurement. We bemoan the absence of attention to significant issues by the current Presidential candidates, critique the leadership vacuum that sustains the longstanding and increasingly critical acquisition workforce shortage, and discuss the potentially active legislative agenda in light of the now-Final Report of the Acquisition Advisory Panel (AAP), a blue-ribbon commission mandated by Section 1423 of the Services Acquisition Reform Act (SARA). We also discuss the dramatic post-2000 trend in increased federal procurement …

Federalism And International Law Through The Lens Of Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Sovereignty has long been the dominant lens through which we view both federalism and international law. From the perspective of sovereignty, both federalism and international law are primarily about drawing clear boundaries and demarcations between separate, autonomous power centers. Recently, however, a group of scholars have embraced a more pluralist approach to both American federalism and international law. They have touted the important virtues of jurisdictional redundancy and inter-systemic governance models in which multiple legal and regulatory authorities weigh in regarding the same acts and actors. And they argue that such jurisdictional redundancies are not just a necessary accommodation to …

Too Dependent On Contractors? Minimum Standards For Responsible Governance, Steven L. Schooner, Daniel S. Greenspahn

GW Law Faculty Publications & Other Works

While acknowledging that there are many benefits, challenges, and risks involved in outsourcing, this article asserts that failed implementation, rather than outsourcing policy, explains the government's current (mis)management of its contractors. This article explores the minimum standards for responsible governance following more than 15 years of ill-conceived and inadequate investment in the federal government's acquisition workforce, followed by a governmentwide failure to respond to a dramatic increase in procurement activity. These trends have led to a buying and contract management regime animated by triage, with insufficient resources available for contract administration, management, and oversight. The old adage "an ounce of …

The Case For Tolerant Constitutional Patriotism: The Right To Privacy Before The European Courts, Francesca Bignami

GW Law Faculty Publications & Other Works

The theory of constitutional patriotism has been advanced as a solution to the European Union's legitimacy woes. Europeans, according to this theory, should recognize themselves as members of a single human community and thus acknowledge the legitimacy of Europe-wide governance based on their shared belief in a common set of liberal democratic values. Yet in its search for unity, constitutional patriotism, like nationalism and other founding myths, carries the potential for the exclusion of others. This article explores the illiberal tendencies of one element of the liberal canon - the right to privacy - in the case law of Europe's …

Criminal Law And The Pursuit Of Equality, Donald Braman

GW Law Faculty Publications & Other Works

This Article argues that, to make their vision of justice a reality, egalitarians need to change both their focus and their tactics with respect to criminal law. The tragedy of contemporary criminal justice is not that individual rights are too narrowly construed, but that those living in disadvantaged communities are injured both by crime and counter-productive law enforcement. The remedies that egalitarians have historically looked to - remedies articulated within the framework of individual rights - are poorly suited to address the systematic reproduction of inequality that results.

First, egalitarians will need to shift their focus from the racially motivated …

Why Do Women Lawyers Earn Less Than Men? Parenthood And Gender In A Survey Of Law School Graduates, Neil H. Buchanan

GW Law Faculty Publications & Other Works

Using a dataset of survey responses from University of Michigan Law School graduates from the classes of 1970 through 1996, I find that fathers tend to receive higher salaries than non-fathers (a "daddy bonus"). In addition, mothers earn less than non-mothers (a "mommy penalty"). There is also some statistical support for the inference that there is a penalty associated purely with gender (women earning less than men, independent of parenthood), another result that is unique to the literature. Analyzing full- or part-time status as well as work hours also suggests a key difference between women and men. Those who take …