Digital Commons Network^™

Three Narratives Of Medellín V. Texas, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Every once in a while, a Supreme Court case comes along that holds a mirror up to the changing face of the American polity. Medellín v. Texas (Medellín II) is such a case, reflecting divisive national debates over immigration, the death penalty, victims' rights, the scope of executive power, U.S. adherence to international human rights standards, the salience of international law to national security, and the appropriate role of judicial review of political decisions. Which of those issues stands out among the reflected images depends on who is peering into the mirror.

For international law scholars, the significance of …

Better Revision: Encouraging Student Writers To See Through The Eyes Of The Reader, Patricia Grande Montana

Faculty Publications

(Excerpt)

Revision is an integral part of the first-year legal writing curriculum. Students rewrite most of their writing assignments for a grade, and, in many cases, the rewrites are weighted more heavily than the first drafts. The purposes of a rewrite in legal writing, as with other writing, are to resolve any inconsistencies and fill in gaps, strengthen the analysis and reasoning, and present the information in the clearest way possible. Though legal writing professors devote substantial time to the rewrite phase of assignments, in my experience, law students traditionally treat an assignment as completed as soon as they turn …

Explaining The “Big Picture”: Why Students Should Know Why They Read Cases In Law School, Patricia G. Montana

Faculty Publications

(Excerpt)

We must remind our students that we ask them to read cases in law school to help them master the art of legal analysis. Though part of our goal also might be to teach them important substantive law, it is not our primary goal, nor should it be. In reality, when practicing attorneys are faced with real legal problems, they must research the applicable law in the relevant jurisdiction and as it relates to the specific circumstances of their case. If the problem involves a contracts claim, for example, an attorney will not open his or her law school …

Persuasion In A Familiar Activity: The Parallels Between Resume Writing And Brief Writing, Patricia Grande Montana

Faculty Publications

(Excerpt)
/="/">To succeed in drafting a “winning” brief, you must approach it like you approach any other persuasive piece of writing in everyday life. A résumé is one such type of writing.Although many writers might not realize that composing a résumé is an exercise in persuasion, it is. The résumé’s purpose is simple: to persuade the employer to hire the applicant. Thus, a good résumé will be tailored to the needs of the employer. To achieve this goal, writers of successful résumés will carefully consider the employer throughout the planning, drafting, and revising processes. They will step into the …

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

In Whose "Best Interests"? – An International And Comparative Assessment Of Us Rules On Sentencing Of Juveniles, Jelani Jefferson Exum, John W. Head

Faculty Publications

According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old)—including their treatment at the hands of the judicial system—should reflect an assessment of "the best interests of the child". An explicit announcement of this principle at the international level appears in the Convention on the Rights of the Child ("CRC"), which nearly all countries in the world have adopted. Article 37 of the CRC elaborates on the "best interests" principle, by prescribing six key standards national juvenile justice systems are to follow …

The Blind Leading The Blind: What If They’Re Not All Visual Or Tactile Learners?, Robin A. Boyle, James B. Levy

Faculty Publications

(Excerpt)

As legal writing professors, we exalt analysis over intuition and are trained to follow the facts rather than engage in guess-work. We train our students to do the same. Yet when it comes to the pedagogy of legal analysis, we sometimes disregard our training by relying on observations and anecdotal evidence. Specifically, we may be assuming that the vast majority of our students are visual and/or tactile learners because they have grown up using computers, and we see students using computers all the time. Implicit in our assumption is that learning styles are determined by environmental factors alone or …

Return To Missouri V. Holland: Federalism And International Law, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement …

Nanocomposites For Novel Holographic Applications, Izabela Naydenova, Svetlana Mintova, Suzanne Martin, Vincent Toal

Articles

Nanozeolites incorporated into photopolymerizable holographic recording materials can be used for holographic sensing, data storage, and optical systems design.

Supreme Court Clerks' Recollections Of October Term 1951, Including The Steel Seizure Cases, John Q. Barrett, Charles C. Hileman, Abner J. Mikva, James C.N. Paul, Neal P. Rutledge, Marshall L. Small, William H. Rehnquist, Gregory L. Peterson, Ken Gormley

Faculty Publications

A roundtable panel discussion at the Chautauqua Institution. The panel brought together five lawyers who fifty-five years ago served as law clerks to Justices of the Supreme Court of the United States. The panelists discussed the Justices and some of the cases of that Supreme Court Term, including the Steel Seizure Cases,1 which came to the Supreme Court in the spring of 1952. The honored guests and panelists are five lawyers who have led high-achieving, diverse and public-spirited lives: Charles C. Hileman, Abner J. Mikva , James C.N. Paul , Neal Person Rutledge, Marshall L. Small.

The Culture Differential In Parental Autonomy, Elaine M. Chiu

Faculty Publications

When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …

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 …

Take-Ings, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The word property had many meanings in 1789, as it does today, and a critical aspect of the ongoing debate about the meaning of the Fifth Amendment's Takings Clause has centered on how the word should be read in the context of the Clause. Property has been read by Professor Thomas Merrill to refer to "ownership" interests, by Richard Epstein in terms of a broad Blackstonian conception of the individual control of the possession, use, and disposition of resources, by Benjamin Barros as reflective of constructions through individual expectations and state law, and by the author as physical control of …

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 …

Twombly, The Federal Rules Of Civil Procedure And The Courts, Edward D. Cavanagh

St. John's Law Review

(Excerpt)

This Article analyzes the rationale for the Twombly holding and concludes that: (1) the Court's assertion that judges cannot effectively control litigation costs because the parties-not the courts-control claims and defenses as well as the nature and amount of discovery in any given case is contrary to fact; and (2) certain classes of cases may well warrant particularized pleading but that decision should be made by the rulemakers through amendments to the Federal Rules of Civil Procedure and not by judges on an ad hoc basis.

Phonon-Energy-Coupling-Enhancement Effect And Its Applications, Pang-Leen Ong

University of Kentucky Doctoral Dissertations

Silicon Oxide/Oxynitride (SiO₂/SiON) has been the mainstream material used for gate dielectric for MOS transistors for the past 30 years. The aggressive scaling of the feature size of MOS transistor has limited the ability of SiO₂/SiON to work effectively as the gate dielectric to modulate the conduction of current of MOS transistors due to excess leakage current dominated by direct quantum tunneling. Due to this constraint, alternative gate dielectric/high-k is being employed to reduce the leakage current in order to maintain the rate of scaling of MOS transistors. However, the cost involved in the implementation of …

Characterization Of Branchial Na,K-Atpase From Three Freshwater Fish Species (Oreochromis Niloticus, Cyprinus Carpio, And Oncorhynchus Mykiss), Gülüzar Atli, Mustafa Canli

Turkish Journal of Zoology

Branchial Na,K-ATPase activity was characterized in 3 freshwater fish species (Oncorhynchus mykiss, Oreochromis niloticus, and Cyprinus carpio) with different ecological needs. Na^{+}, K^{+}, and Cl^{-} concentrations in the gills were also measured. The maximal Na,K-ATPase activity was observed at 100 mM Na^{+}, 20-40 mM K^{+}, 3-4 mM Mg^{2+}, and 1 mM ouabain. The maximal velocity (Vmax) of Na,K-ATPase isolated from O. mykiss (1.07 µmol Pi/mg prot/h) was lower than that isolated from O. niloticus (7.25 µmol Pi/mg prot/h) and C. carpio (7.44 µmol Pi/mg prot/h). Nevertheless, Na^{+}, K^{+}, and Cl^{-} levels in O. mykiss were higher than the others. The …

The Species Of The Genus Monatractides Viets, 1926 (Acari, Hydrachnidia, Torrenticolidae) In Turkey, Yunus Ömer Boyaci, Muhli̇s Özkan

Turkish Journal of Zoology

The morphological characters, measurements, habitats, and global distributions of Monatractides stadleri (Walter, 1921) and M. lusitanicus (Lundblad, 1941) from springs of Western Anatolia are described and compared with each other. Furthermore, a key to species of Monatractides known from Turkey is given.

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

Strategic Fragility: Infrastructure Protection And National Security In The Information Age, Robert A. Miller, Irving Lachow

Defense Horizons

Modern societies have reached unprecedented levels of prosperity, yet they remain vulnerable to a wide range of possible disruptions. One significant reason for this growing vulnerability is the developed world’s reliance on an array of interlinked, interdependent critical infrastructures that span nations and even continents. The advent of these infrastructures over the past few decades has resulted in a tradeoff: the United States has gained greater productivity and prosperity at the risk of greater exposure to widespread systemic collapse. The trends that have led to this growing strategic fragility show no sign of slowing. As a result, the United States …

Cyber Influence And International Security, Franklin D. Kramer, Larry Wentz

Defense Horizons

This paper examines the growing role of cyber influence in shaping international security, strategic competition, and state behavior in the information age. It explores how information technologies, digital networks, and cyber capabilities are increasingly used to influence political outcomes, shape perceptions, disrupt adversaries, and advance national objectives below the threshold of conventional conflict. This paper analyzes the strategic implications of cyber-enabled influence operations for U.S. national security and discusses the evolving challenges posed by information dominance, technological interconnectivity, and nontraditional forms of conflict in the digital era.

Testing A Servant Leadership Theory Among United States Military Members, Matthew P. Earnhardt

Publications

Servant leadership, first proposed by Greenleaf (1970), is an emergent leadership theory postulating a leader must serve first. Patterson (2003), building on transformational and previous servant leadership research, developed a model of servant leading based on the following: (a) agapao love, (b) humility, (c) altruism, (d) vision, (e) trust, (f) empowerment, and (g) service. This study tests Patterson’s theory of servant leadership in a military context by investigating the relationship between the seven constructs in Patterson’s servant leadership model. Multi-rank and service military members’ perception of servant leaders was assessed using the servant leadership instrument developed by Dennis and Bocarnea …

The Relationship Of E-Commerce Readiness To Technology Acceptance: The Case Of Barbados, Jude E. Edwards, Leila A. Halawi, Richard Mccarthy

Publications

This is an exploratory study that examines the relationship between selected components of ecommerce readiness and dimensions of Davis’ (1989) Technology Acceptance Model. Building upon the notion that there exists some linkage between ecommerce readiness and technology Acceptance, this study seeks to examine these linkages in e-businesses within Barbados. Three relationships are proposed – a relationship between technology acceptance and the existing e-Readiness infrastructure, a relationship between technology acceptance and current telecommunications access, and a relationship between technology acceptance and education. The results of this study demonstrated that there are strong relationships between e-commerce readiness components and various technology acceptance …

Teaching And Assessment Of Students Taking A First Year, Level 7 Subject: Analysis And Actions, Aidan O'Dwyer

Conference papers

This contribution critically analyses the teaching and assessment strategies used on the core Electrical Systems subject in the first year of a three-year, Level 7, degree programme in Electrical Engineering at Dublin Institute of Technology. The author has the responsibility for development and instruction in the subject since 2004. In the 2004-5 and 2005-6 academic years, the didactic teaching approach and the assessment strategy ensured good educational outcomes. This was not the case in the 2006-7 academic year. The contribution will analyse the reasons for this, taking an evidence-based approach (i.e. analysing the assessment data in detail). Two conclusions that …

Sequence Analysis Based Dsp Controller For Dynamic Voltage Restorer (Dvr), N. G. Jayanti, Malabika Basu, Iurie Axente, Kevin Gaughan, Michael F. Conlon

Conference papers

The paper examines the behaviour of a dynamic voltage restorer (DVR) under balanced/unbalanced supply voltage sag condition, and restricted DVR injection capability (e.g. limited to 50% of the supply voltage injection). Sequence components of the supply voltage are extracted to generate the reference injected voltage for the DVR. The control determines the maximum possible positive sequence injection within the capacity of the compensator to achieve balanced voltage conditions at the load terminals. The control is verified through simulation and experimentation. The control algorithm has been implemented in a TI320F2812 fixed point DSP and the effectiveness of the controller is verified …

Cover And Contents

Turkish Journal of Earth Sciences

No abstract provided.

Paris Quadrifolia L. (Liliaceae): A New Record For The Flora Of Turkey, Sali̇h Terzi̇oğlu, Kami̇l Coşkunçelebi̇, Emi̇n Zeki̇ Başkent

Turkish Journal of Botany

Paris quadrifolia L. (Liliaceae) was collected from Northeast Anatolia (A9 Ardahan). It is reported for the first time from Turkey. Line drawings, diagnostic characters and a distribution map of Paris L. species of Turkey are presented.

New Alien Species For The Flora Of Romania: Bidens Bipinnata L. (Asteraceae), Culita Sirbu, Adrian Oprea

Turkish Journal of Botany

This paper presents an alien plant species that has recently migrated into Romania, namely Bidens bipinnata L. For this species, the following information is provided: occurrence in Romania, a short botanical description, general distribution, way of migration, and general aspects regarding its biology, ecology, and invasive character.

Cover And Contents

Turkish Journal of Botany

No abstract provided.