Digital Commons Network^™

Determining The R Values For 12 Inch Deep Z-Purlins And Girts With Through-Fastened Panels Under Suction Loading, Kaye Dee Wibbenmeyer

Masters Theses

"Designing purlins for roof systems attached to through-fastened panels has been a subject well researched in the past. The current design specification uses a simplified approach to the designing of these members where the fully braced moment capacity of such members is multiplied by a reduction factor, commonly referred to as the R-value. This value represents the point in between the fully braced and fully unbraced member behavior. However, the current AISI Specification, S100, only contains R-values for purlins and girts up to 11.5 inches in depth. Since manufacturers are now rolling sections up to 12 inches deep, two confirmatory …

Innocence Commissions And The Future Of Post-Conviction Review, David Wolitz

Georgetown Law Faculty Publications and Other Works

In the fall of 2006, North Carolina became the first state to establish an innocence commission – a state institution with the power to review and investigate individual post-conviction claims of actual innocence. And on February 17, 2010, after spending seventeen years in prison for a murder he did not commit, Greg Taylor became the first person exonerated through the innocence commission process. This article argues that the innocence commission model pioneered by North Carolina has proven itself to be a major institutional improvement over conventional post-conviction review. The article explains why existing court-based procedures are inadequate to address collateral …

On The Question Of A Complexity Exception To The Seventh Amendment Guarantee Of Trial By Jury, James Oldham

Georgetown Law Faculty Publications and Other Works

In the discussion to follow, I expand my inquiry into what happened in the English courts of the late 18th and early 19th centuries in civil cases when special expertise on the part of the decision-makers was needed. A major source that contributes to this study is the law reporting that appeared in The Times, founded in 1785. I explore three questions: (1) What types of cases in late 18th-century England were considered to be inappropriate for juries? (2) What recourses were available to the late 18th or early 19th-century English judge when the issue in a case was outside …

How Must A Lawyer Be? A Response To Woolley And Wendel, David Luban

Georgetown Law Faculty Publications and Other Works

In Legal Ethics and Moral Character, 23 GEO. J. LEGAL Ethics, Alice Woolley and W. Bradley Wendel argue that theories of legal ethics may be evaluated by examining the kind of person a lawyer must be to conform to the normative demands of the theory. In their words, theories of legal ethics musts answer questions not only of what a lawyer must do, but how a lawyer must be. Woolley and Wendel examine three theories of legal ethics—those of Charles Fried, William Simon, and myself—and conclude that the theories they discuss impose demands on agency that are not realistic, functional, …

The Conscience Of A Prosecutor, David Luban

Georgetown Law Faculty Publications and Other Works

This essay, a version of the 2010 Tabor Lecture at Valparaiso Law School, examines issues about the role of a prosecutor in the adversary system through the lens of the following question: Should a prosecutor throw a case to avoid keeping men who he thinks are innocent in prison? This issue came to prominence in 2008, when Daniel Bibb, a New York City prosecutor, told newspaper reporters that he had done so in connection with a 1991 murder conviction that he had been assigned to reinvestigate after new evidence emerged that the wrong men had been convicted and were serving …

Why Care About Mass Incarceration?, James Forman Jr.

Georgetown Law Faculty Publications and Other Works

The United States incarcerates more of its citizens than any other nation in the world. Paul Butler’s Let’s Get Free: A Hip-Hip Theory of Justice makes an important contribution to the debate about the crime policies that have produced this result. Butler began his career as a federal prosecutor who believed that the best way to serve Washington, D.C’s low-income African-American community was to punish its law-breakers. His experiences—including being prosecuted for a crime himself—eventually led him to conclude that America incarcerates far too many nonviolent offenders, especially drug offenders. Let’s Get Free offers a set of reforms for reducing …

Redressing The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Consider two children—one born in sub-Saharan Africa and the other in the United States. The African child is twenty-five times more likely to die in the first five years of life; if she lives to child-bearing age, she is a two hundred times more likely to die in labor; and overall, she will die thirty years earlier than the American child. The international community is deeply resistant to taking bold remedial action—more concerned with their geostrategic interests than the health of the poor. The scale of foreign aid is both insufficient and unsustainable and fails to address the key determinants …

The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

International norms recognize the special value of health. The WHO Constitution states that “the enjoyment of the highest attainable standard of health” is a fundamental human right. The right to health, moreover, is a treaty obligation with clear obligations. Despite robust international norms, unconscionable health disparities exist between the world’s rich and poor, causing enormous suffering. The WHO urges “closing the health gap in a generation” through action on the social determinants of health. As the Marmot Commission observed: “the social conditions in which people are born, live, and work are the single most important determinant of good or ill …

Restoring Health To Health Reform, Lawrence O. Gostin, Peter D. Jacobson

Georgetown Law Faculty Publications and Other Works

In this article, we discuss the public health provisions of the Patient Protection and Affordable Care Act (PPACA--P.L. 111-148). We first set forth a framework to identify the key reforms that are needed for a robust public health system. These include workforce and infrastructure investments. We then assess the PPACA against these criteria. We conclude that although the act would make significant investment in public health (especially in wellness and prevention programs), it does little to improve the existing structural deficiencies that the public health system must overcome if it is to be effective in improving the population’s health.

Health Care Reform — A Historic Moment In Us Social Policy, Lawrence O. Gostin, Elenora E. Connors

Georgetown Law Faculty Publications and Other Works

On March 23, 2010, President Obama signed into law the first U.S. comprehensive health care reform bill, the Patient Protection and Affordable Care Act (PPACA). After almost a century of failed attempts, the U.S. now has a national health care system which promises to increase access to care, increase consumer choice, and ban insurance discrimination for individuals with preexisting medical conditions. The PPACA is expected to expand insurance coverage to 32 million individuals by 2019 through a variety of measures. At a cost of $938 billion over 10 years, the PPACA is projected to reduce the deficit by $143 billion …

Sovereignty, Integration And Tax Avoidance In The European Union: Striking The Proper Balance, Lilian V. Faulhaber

Georgetown Law Faculty Publications and Other Works

As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States and the European Union legal order as a whole. This doctrine is problematic becasue it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without …

Rejecting Refugees: Homeland Security's Administration Of The One-Year Bar To Asylum, Andrew I. Schoenholtz, Philip G. Schrag, Jaya Ramji-Nogales, James P. Dombach

Georgetown Law Faculty Publications and Other Works

Since 1980, the Refugee Act has offered asylum to people who flee to the United States to escape persecution in their homeland. In 1996, however, Congress amended the law to bar asylum – regardless of the merit of the underlying claim – for any applicant who fails to apply within one year of entering the United States, unless the applicant qualifies for one of two exceptions to the rule.

In the years since the bar was established, anecdotal reports have suggested that genuine refugees, with strong merits claims to asylum, have been rejected solely because of the deadline. Many scholars …

Trust-Oriented Composite Service Selection With Qos Constraints, Lei Li, Yang Wang, Ee Peng Lim

Research Collection School Of Computing and Information Systems

In Service-Oriented Computing (SOC) environments, service clients interact with service providers for consuming services. From the viewpoint of service clients, the trust level of a service or a service provider is a critical factor to consider in service selection, particularlywhen a client is looking for a service from a large set of services or service providers. However, a invoked service may be composed of other services. The complex invocations in composite services greatly increase the complexity of trust-oriented service selection. In this paper, we propose novel approaches for composite service representation, trust evaluation and trust-oriented com-posite service selection (with QoS …

Information Integration For Graph Databases, Ee Peng Lim, Aixin Sun, Anwitaman Datta, Chang Kuiyu

Research Collection School Of Computing and Information Systems

With increasing interest in querying and analyzing graph data from multiple sources, algorithms and tools to integrate different graphs become very important. Integration of graphs can take place at the schema and instance levels. While links among graph nodes pose additional challenges to graph information integration, they can also serve as useful features for matching nodes representing real-world entities. This chapter introduces a general framework to perform graph information integration. It then gives an overview of the state-of-the-art research and tools in graph information integration.

Anger, Cognition, Ideology: What Crash Can Show Us About Emotion, Sue J. Kim

College of Arts & Sciences Professional Work

Sue J. Kim’s essay “Anger, Cognition, Ideology: What Crash Can Show Us About Emotion” argues for the relevance and importance of cognitive studies to ethnic and postcolonial literary studies, and vice versa. After surveying recent developments in the field of cognitive studies, the essay combines cultural and cognitive approaches in order to examine anger in and around the 2005 Paul Haggis film Crash.

The Origins Of Millerite Separatism, Andrew Todd Taylor

Open Access Master's Theses

Millerites were antebellum Protestants who, according to William Miller's interpretation of the Biblical prophecies in the books of Daniel and Revelation, believed that Jesus's literal return to judge mankind and initiate the millennium was imminent. Self-righteously holding beliefs that were diametrically opposed to those of their mainstream evangelical churches, most Millerites withdrew from them in the months following the summer of 1843.

Historians have explained Millerites' separation from their churches by mistakenly relying upon Millerite evangelists' biased explanation of it. Evangelists argued that Millerites were forced to separate from their churches due to conflict over evangelizing, which intensified in the …

The Eternal Jew: Jewish Victimization Through Marginalization, Joshua Fishlock

Open Access Master's Theses

This thesis examines the phenomenon of Jewish marginalization in Nazi Germany using the film The Eternal Jew as a representative example. Specifically this study identified sources of guilt in post World War I German culture and the steps taken by the Nazi's to alleviate that guilt through victimization of the Jews. Results show that the Nazi's played upon cultural beliefs of German superiority and antisemitism in order to create a public reality of the Jews as the Other. This disidentification of the Jews from the German population increased the effectiveness of the usage of the Jews as scapegoats for the …

Whose Identity Is It Anyway? A Study Of The Media's Representation Of Iraq Citizens And Their Culture, Joyce L'Heureux

Open Access Master's Theses

What happens to our perceptions when provided with an invitation by news media, specifically print media, to accept what is presented as reality? Does what we read in the news media constrict our thinking and create an acceptance of the words as they are written, a type of cultural blindness to the qualities, the humanness and individuality of other cultures? Or, do we read the words on the paper and open our lens to create a greater understanding of individuals who differ from us in values, attitudes and beliefs? The truth is the same stories which provide us with an …

B S News January/February

Building Services Engineering

No abstract provided.

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

San Diego Journal of Climate & Energy Law

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

Bulletin Of Yale University School Of Nursing 2010-2011, Yale School Of Nursing

Yale School of Nursing Bulletins and Catalogues

Series 106, Number 15

September 5, 2010

Constituents Of Sea Surface Height Variability In Drake Passage, Amy Lynn Cutting

Open Access Master's Theses

As part of the International Polar Year, cDrake, an array of current and pressure recording inverted echo sounders (CPIES), was deployed in Drake Passage in November 2007. The array will be in place for four years and the data collected annually by acoustic telemetry. The CPIES array consists of a transport line, 22 CPIES that span Drake Passage and a local dynamics array, a grid of 21 CPIES centered on the surface eddy kinetic energy maximum in the passage. Acoustic round-trip travel time and bottom pressure anomaly are used to compute sea surface height anomaly (SSHA) at each site. Round-trip …

Teaching The Portraits, Mosaics And Themes Of The Federal Rules Of Evidence, Lee D. Schinasi

MC Law Review

No abstract provided.

My Client, The Cooperator, Lied: Now What?, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

No abstract provided.

Foreword: New Perspectives On Brady And Other Disclosure Obligations: What Really Works?, Ellen Yaroshefsky

Hofstra Law Faculty Scholarship

Nearly fifty years after the Supreme Court decided Brady v. Maryland, state and federal criminal justice systems appear less than adequate in assuring that prosecutorial disclosure obligations are met. Recent high-publicity cases have highlighted failures to disclose fundamental exculpatory evidence to the defense, whether intentional or not. A November 2009 symposium at the Cardozo School of Law - New Perspectives on Brady and Other Disclosure Obligations: What Really Works? - explored these issues in a unique framework for the criminal justice system. It considered lessons from the fields of medicine, business, psychology, and policing as to their methods for …

Jam Tomorrow: Distributive Justice And The Limits Of International Economic Law, Barbara Stark

Hofstra Law Faculty Scholarship

The chasm between the rich and the poor has become unfathomable. This Article asks whether existing international economic law can bridge this chasm and effectuate distributive justice. "Distributive justice" itself is an ambiguous goal. This Article inquires, as a threshold question, what, exactly, is required for actual "distributive justice". It takes as a starting point the relatively modest objective of the Millennium Development Goals-to halve the number living in extreme poverty by 2015. It argues that this objective is not going to be achieved under the aegis of international economic law for two reasons. First, distributive justice is not an …

Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant Hayden, Matthew T. Bodie

Hofstra Law Faculty Scholarship

Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should have more voice in corporate governance, in order to reduce agency costs and provide democratic legitimacy. A second set of theorists, described as "board primacists," advocates against greater shareholder democracy and in favor of increased board discretion. These theorists argue that shareholders need to delegate their authority in order to provide the board with the proper authority to manage the enterprise and avoid short-term decision making.

In the last few years, the classical economic underpinnings of corporate law have been destabilized by a …

Circuit Breakers And The Mission Of Stock Market Stability, J. Scott Colesanti

Hofstra Law Faculty Scholarship

Between the morning of October 19, 1987 and the closing bell of October 20, 1987, the Dow Jones Industrial Average fell 25%. Shunning the drastic remedy of closing the markets (akin to FDR’s “bank holiday” of March 1933), the regulatory response ultimately took the form of ‘circuit breakers,’ crudely fashioned, limited trading halts that some critics described as “throwing sand in the gears.”

The calibration of the decline prompting a trading halt remained constant from the time of the implementation of the circuit breaker in April 1989 until April 1998. At that time, the trigger point was changed from an …

Towards A U.S. Army Officer Corps Strategy For Success: Retaining Talent, Michael J. Colarusso Dr., Casey Wardynski Colonel, David S. Lyle Colonel

Books, Monographs & Collaborative Studies

Over the last 3 decades, dramatic labor market changes and well-intentioned but uninformed policies have created significant officer talent flight. Poor retention engenders substantial risk for the Army as it directly affects accessions, development, and employment of talent. The Army cannot make thoughtful policy decisions if its officer talent pipeline continues to leak at current rates. Since the Army cannot insulate itself from labor market forces as it tries to retain talent, the retention component of its officer strategy must rest upon sound market principles. It must be continuously resourced, executed, measured, and adjusted across time and budget cycles. Absent …

Examining The Relationship Between Self-Efficacy And Stimulus Processing, Peter J. Rosen

Honors Projects

Stimulus processing is an essential cognitive process that plays a vital role in our decision making and task execution. Since stimulus processing has been shown to be an important factor in task performance and cognitive well-being, it is necessary to explore the relationship it has with other psychological variables related to performance, as well as assess ways in which stimulus processing may be enhanced. The authors hypothesized that self-efficacy (SE) may improve performance by enhancing stimulus processing during task completion. To test this hypothesis, we examined the relationships between SE, behavioral measures of task performance, and neural indices of stimulus …