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2009-2010 Undergraduate Bulletin, Rochester Institute Of Technology

RIT Digital Archives

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Counting Offenses, Jeffrey M. Chemerinsky

Duke Law Journal

Is a criminal defendant who discharges a weapon five times in rapid succession guilty of one crime or several crimes? This question of how to divide charges has vexed legal philosophers and Supreme Court Justices. It is a question of profound importance, but one that legal scholarship has seldom addressed. The answer has an impact on each stage of a criminal justice prosecution. The difference between one charge and multiple charges can affect the likelihood of a plea bargain, the strategy for trial, and, if the defendant is convicted, the length of a prison sentence. This Note, citing numerous examples …

Money, Politics, And Impartial Justice, Joanna M. Shepherd

Duke Law Journal

A centuries-old controversy asks whether judicial elections are inconsistent with impartial justice. The debate is especially important because more than 90 percent of the United States' judicial business is handled by state courts, and approximately nine in ten of all state court judges face the voters in some type of election. Using a stunning new data set of virtually all state supreme court decisions from 1995 to 1998, this paper provides empirical evidence that elected state supreme court judges routinely adjust their rulings to attract votes and campaign money. I find that judges who must be reelected by Republican voters, …

Chevron’S Mistake, Lisa Schultz Bressman

Duke Law Journal

Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those agencies implement, but the decision does not give courts the tools for providing a proper answer. Chevron directs courts to construe statutory text by applying the traditional theories of statutory interpretation-whether intentionalism, purposivism, or textualism-and to infer a delegation of agency interpretive authority only if they fail to find a relatively specific meaning. But the traditional theories, despite their differences, all invite courts to construe statutory text as …

Avoiding Mere Incantations: Evaluating Success On Nonfee Claims When Determining Prevailing-Party Status Under 42 U.S.C. § 1988, Jessica L. Brumley

Duke Law Journal

The American rule dictates that regardless of the outcome, parties pay for their own attorneys' fees unless Congress has specifically enacted a fee-shifting statute authorizing courts to award fees to prevailing parties. One of the most recognized fee-shifting statutes is 42 U.S.C. § 1988. Courts and scholars have extensively discussed whether a plaintiff is a prevailing party under § 1988. Yet both have largely ignored one scenario in which a plaintiff files a suit containing both constitutional claims for which fees are authorized under § 1988 (fee claims) and state law claims for which fees are not authorized (nonfee claims). …

The Middle Sort Of People In Provincial England, 1600-1750, Fiona Williamson

Research Collection College of Integrative Studies

French’s study of the middling sorts in England seeks to explore the origins and role ofthe ‘middling sorts’ in the social and economic culture of the early modern period. Hisresearch focuses on parochial and extra-parochial perceptions of middling socialidentity based on a series of case studies across a broad area, including Dorset, Essex,Suffolk and Lancashire. The purpose of such a wide geographical spread is to explorethe development of the middling sorts in regions of diverse agriculture, economy andindustry as a basis for a comparative survey.

If We Seek, Do We Learn?: Predicting Knowledge Of Global Warming, Leeann Kahlor, Sonny Rosenthal

Research Collection College of Integrative Studies

Derived from the risk information seeking and processing model (RISP), this study sought to isolate predictors of the public's knowledge of global warming. Using a national sample ( N = 805), multiple regression yielded a number of significant relationships among 13 moderators. Notably, the number of media sources used for information about global warming, information seeking effort, and general education were relatively strong predictors of knowledge. Counter to expectations, informational subjective norms were inversely related to knowledge.

Antitrust In A Globalized Economy: The Unique Enforcement Challenges Faced By Small And Developing Jurisdictions, Michal S. Gal

Fordham International Law Journal

One of the main challenges of this decade in the antitrust arena is the creation of some form of cooperative international antitrust regime. The potential benefit of increased international trade and cooperative competition policies to all countries involved are enormous. This Article analyzes this issue from the point of view of small and developing jurisdictions. Part I sets the stage by suggesting a typology of the challenges created by globalization. Part II analyzes the current international antitrust regime from a wider perspective that incorporates the enforcement challenges faced by small and developing jurisdictions. Part III builds upon these findings and …

On Options Of Citizens And Moral Choices Of States: Gays And European Federalism, Dimitry Kochenov

Fordham International Law Journal

Focusing on gay rights in the European Union, this Article addresses questions all dealing with the likely dynamics of gay-rights development in Europen in the near future. This is done by applying to the legal context of the European integration project of Kreimer's vision of federalism, Karst's analysis of the "freedom of intimate association," and Koppelman's representation of sexual-orientation discrimination as sex discrimination. The argument will proceed as follows: Part I gives a short outline of the importance of federalism for the preservation of liberty. Part II will build on Koppelman's analysis of the nature of sexual orientation discrimination as …

The Legal Obstacles To Foreign Direct Investment In Mexico's Oil Sector, Martin Miranda

Fordham International Law Journal

This Note will present the arguments for and against foreign direct investment, but assess the Pemex reforms under the assumption that reform through privatization is necessary for survival. This Note will examine the likelihood of success for the recently proposed Pemex reforms, and what the Mexican government may expect with regards to Pemex's future. Part I provides an introduction to FDI and the legal and political framework that President Calderon must work in to accomplish Pemex reforms. Part II presents two financial models for energy reform that may serve as a blueprint for Pemex: 1) Mexico's electric power deregulatory scheme, …

The Terrorism Bar To Asylum In Australia, Canada, The United Kingdom, And The United States: Transporting Best Practices, Won Kidane

Fordham International Law Journal

This Article assesses the wisdom of the substantive laws enacted in the wake of 9/11 and the procedures set up to combat this enemy. This Article is divided into four parts. Part I evaluates the doctrinal debate relating to the definition of terror, terrorism and terrorists. More particularly, it attemps to demonstrate the difficulty in identify the "terrorist" that needs to be excluded, and how that definition affects the immigration laws. Part II sets the stage for a comparative analysis by briefly surverying the terrorism-related immigration laws and procedures of each jurisdiction to this study. Part III provides a detailed …

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Fordham International Law Journal

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day piracy, first in Southeast Asia and then in Somalia. Part III provides the current international legal framework for battling piracy, by focusing first on the definition of piracy in international law, and then on the existing international legal …

Uprooting Children In The Name Of Equity, Merle H. Weiner

Fordham International Law Journal

This Article ultimately recommends that courts should reign in, if not abandon, the doctrine of equitable estoppel as it is used in Hague child abduction cases. This Article supports its thesis in four parts. Part I describes the equitable estoppel argument as it has emerged within the Hague Convention framework. Part II then examines the Convention's legislative history and argues that the doctrine is incompatible with that history. Part III analyzes the principle policy basis offered in support of the doctrine: the deterrence of concealment. Part IV focuses on the best way to address concealment within the confines of the …

Between A Rock And A Hard Place: Tensions Between The U.S.-Rok Status Of Forces Agreement And The Duty To Ensure Individual Rights Under The Iccpr , Rijie Ernie Gao

Fordham International Law Journal

This Note argues that the Korea SOFA illustrates how the current approach to implementing SOFA agreements hinder state parties from complying with their legal obligations under article 2 of the ICCPR. Part I first provides an overview of the two competing bodies of international law at issue: the law governing the U.S. approach to foreign criminal jurisdiction, on the one hand, and the development of human rights law and the terms of article 2 of the ICCPR, on the other. Part II assesses the incompatibility between ICCPR and SOFA obligations from the point of view of both receiving and sending …

Rule 11 Bis: An Examination Of The Process Of Referrals To National Courts In Icty Jurisprudence, Olympia Bekou

Fordham International Law Journal

Rule 11 bis forms a cornerstone of the ICTY's completion strategy. Part I of this Article provides an analysis of the elements of the rule. This Part will highlight the purpose of Rule 11 bis, offer an overview of the legal basis through which the transfer of jurisdiction has taken place in the ICTY, discuss the referral process and the elements necessary for a successful referral, and, finally, round out the discussion with an overview of the decision making process of the referral bench in identifying which state is suitable to proceed with a trial once it is determined that …

Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter

Fordham International Law Journal

This Article examines an issue of regulatory competition that seems to be of greater interest for the corporate governance of large, publicly traded firms: the position of the employees. The Article proceeds in three parts. Part I sets out the basic premise of the analysis by describing why employees may be relevant to the corporate governance structure. This Part will briefly draw on economic theory to explain why, at least under certain circumstances, it can be beneficial to create an institutional structure that facilitates long-term commitment between firms and their employees. Part II identifies aspects of European corporate law that …

From Baghdad To Bagram: The Length & Strength Of The Suspension Clause After Boumediene, Justin D. D'Aloia

Fordham International Law Journal

This is a predictive Note that will examine the doctrine relating to war-time detention and endeavor to decipher who currently maintains a right to challenge executive detention in the wake of Boumediene. This Note therefore does not centrally discuss the authority of the United States to detain wartime prisoners, what procedure is due to detainees, the wisdom of the Boumediene approach to constitutional domain, or any other related issues. Instead, this Note will attempt to define the outer contours of the Suspension Clause by looking through the Boumediene prism to determine who may presently invoke the protections of the Suspension …

An Unsatisfactory Case Of Self-Determination: Resolving Puerto Rico's Political Status, Lani E. Medina

Fordham International Law Journal

In the case of Puerto Rico, the exercise of self-determination has raised, and continues to raise, particularly difficult questions that have not been adequately addressed. Indeed, as legal scholars Gary Lawson and Robert Sloane observe in a recent article, “[t]he profound issues raised by the domestic and international legal status of Puerto Rico need to be faced and resolved.” Accordingly, this Note focuses on the application of the principle of self-determination to the people of Puerto Rico. Part I provides an overview of the development of the principle of self-determination in international law and Puerto Rico's commonwealth status. Part II …

The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie

Fordham International Law Journal

This Article facilitates just such an inquiry by tracking the progression of pretrial provisional release at the ICTY. This Article first considers pretrial release (or release pursuant to bail) in the abstract along with those rights that may theoretically be implicated by an act of pretrial detention. It then examines the relevant activity of the ICTY's predecessors, interim advancements in human rights law and the absence of a release-based statutory provision at the Yugoslav Tribunal. The applicable rule adopted by the ICTY is then assessed, along with subsequent amendments. At each stage, specific regard is given to the rights affected …

The Influence Of The European Convention On Fundamental Rights On Community Law, John L. Murray

Fordham International Law Journal

This Article examines the operation of the European Convention on the Protection of Human Rights and Fundamental Freedoms system ("European Convention on Human Rights" or "Convention") (i.e., the Council of Europe's system for human rights protection, based on the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, as distinct from the unique system of the European Union). The system is examined in an effort to discern the enhanced impact the Convention may have on Community law under the Lisbon Treaty, and the difficulties this may present.

Of Trailers And Jet Skis: Is The Case Law On Article 34 Tfeu Hurtling In A New Direction?, Peter Oliver

Fordham International Law Journal

The provision which is the focus of this Article is article 34 of the Treaty on the Functioning of the European Union ("TFEU" or "Treaty") (formerly article 28 EC). This Article focuses on an analysis of two recent judgments on this important issue delivered by the European Court of Justice ("Court") in 2009, namely the Trailers decision and the Mickelsson decision. Before reaching these judgments, the Article discusses very briefly the relationship between the four freedoms (free movement of goods, persons, services, and capital) and then, as to the scope of article 34, reminds the reader of what is "the …

The Growing Influence Of European Union Law, Piet Eeckhout

Fordham International Law Journal

This Essay discusses a number of themes which show the growing influence of European Union ("EU") law. Four themes were chosen to illustrate that influence. The themes are interconnected, and hopefully bringing them together allows the reader to get a sense of the unique experiment which this "new legal order" continues to conduct. Part I examines the EU's own "federal question:" what exactly is the scope of EU law, and how is it determined? How does the case law, in particular that of the EU's supreme court, the European Court of Justice ("ECJ"), determine the boundaries of the EU law …

Fatigue Risk Management: Modeling The Sleep/Wake-Based Dynamics Of Performance, Peter J. Mccauley

Graduate Student Theses, Dissertations, & Professional Papers

Several biomathematical models have been developed to predict cognitive performance impairment due to sleep loss and/or circadian misalignment. In essence, these models are all based on the Two-Process Model (TPM) which contains a homeostatic process for the build-up and decline of sleep pressure across days, and a circadian process to keep track of time of day. The TPM has been used successfully to predict performance under conditions of total sleep deprivation. However, for conditions of chronic sleep restriction, the TPM predicts a rapid stabilization of performance impairment (within a day or two)---which is not in agreement with experimental observations. This …

Guidelines For A Pluralist Society: Could Rawls Help With Struggles Over Identity, Blake Benjamin Francis

Graduate Student Theses, Dissertations, & Professional Papers

According to Kwame Appiah, “the great liberal struggle” since the Enlightenment has concerned whether the state should treat citizens as self-directed individuals or acknowledge them in terms of social identities—ethnicity, culture, religion, or gender. Some thinkers, Appiah among them, have proposed solutions to this struggle and advocate for amending liberalism to include space for the recognition of difference. These “solutions” share at least one thing in common: critiques of John Rawls. However, Rawls seems to have a palatable answer to “the great liberal struggle,” though it seems he would frame it differently. Indeed, he acknowledges “the fact of pluralism,” as …

In Brief

In Brief

Table of Contents:

• From the Dean's Desk (Robert H. Rawson, Jr.)
• Masthead
• We, the Paparazzi: Privacy in the Facebook Generation
• Clinical Education Gives Everyone a Voice
• Revolutionizing the Way We Teach Law Students
• Memo to the New President: End the Separation of Corporate Ownership and Control
• Ashcroft v. Iqbal
• Profile (Henry King)
• News
• Prosecuting War Lord and Khmer Rouge Leaders
• Helping Minority Students Become Lawyers
• Faculty Briefs
• Rebuilding New Orleans
• Alumni Spotlight Fred Weisman ADL '48, LAW '51
• Retirement Savings -- Is There Another Way?
• Alumni Events
• Class Notes
• In Memoriam the Legacy of Emeritus Law Professor Oliver C. Schroeder, …

Socio-Spatial Dimensions Of Migrant Women’S Lives In Tbilisi, Georgia, Laura S. E. Cahill

Graduate Student Theses, Dissertations, & Professional Papers

This thesis provides an exploration into the experiences and perspectives of Georgian rural women who have migrated to Tbilisi, Georgia. The aim of this paper is to understand the affects of this mobility and migration on Georgian women’s socio-spatial dimensions and what this means for the economic and cultural survival of women in post- Soviet Georgia. Specifically, the research focuses on the spatial availability of family and rural contacts and the use of social safety nets as a coping strategy to aid women in the transition to urban life in Tbilisi. In addition, this paper addresses the role of women …

Physics-Based Via And Trace Models For Efficient Link Simulation On Multilayer Structures Up To 40 Ghz, Renato Rimolo-Donadio, Xiaoxiong Gu, Young H. Kwark, Mark B. Ritter, Bruce Archambeault, Francesco De Paulis, Yaojiang Zhang, Jun Fan, Heinz Dietrich Brüns, Christian Schuster

Electrical and Computer Engineering Faculty Research & Creative Works

Analytical models for vias and traces are presented for simulation of multilayer interconnects at the package and printed circuit board levels. Vias are modeled using an analytical formulation for the parallel-plate impedance and capacitive elements, whereas the trace-via transitions are described by modal decomposition. It is shown that the models can be applied to efficiently simulate a wide range of structures. Different scenarios are analyzed including thru-hole and buried vias, power vias, and coupled traces routed into different layers. by virtue of the modal decomposition, the proposed method is general enough to handle structures with mixed reference planes. for the …

The Missing Jurisprudence Of The Legislated Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Does the fourteenth Amendment and its Equal Protection Clause — the promise that "no state shall deny equal protection of the laws" — have any relevance to the progressive project of reducing economic inequality in various spheres of life or, more modestly, of ameliorating the multiple vulnerabilities of this country's poor people? The short answer, I believe, is, it depends. It will depend, in 2020, just as it depends now, on what we mean by the Constitution we are expounding: the Constitution as read and interpreted by courts — the adjudicated Constitution — or what I propose to call the …

A Plea For Reality, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Legend has it that a long-ago Chief Justice of Texas said, “No judicial selection system is worth a damn.” This view has been all but proven by American experience; nothing else in American law matches this subject in terms of the volume of written debate and endless sweat spent working for change. The selection system for federal judges is unchanged but far from untroubled, and

the States have never used a common method . . . . [O]ne can identify almost as many different methods . . . as there are States in the Union . . . . Moreover, …

The Separation Of People And State, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The subject of American exceptionalism, about which much has been written, is extremely complex. There is no simple way to describe all the ways in which America differs from the other nations of the world.

The United States Constitution is a central part of the creed that defines, creates, and preserves American exceptionalism. The American vision of constitutionalism includes at least four distinctive elements:

• the belief in adherence to a founding document: a written Constitution;
• the belief in constitutionally limited government;
• the legal enforcement of these limits by an independent judiciary, and the invocation of these limits by the Congress, …