Digital Commons Network^™

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.

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 …

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 …

Governing Board Accountability: Competition, Regulation And Accreditation, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

This article examines the three primary ways in which the governing boards of American colleges and universities are held to account: (1) competition; (2) regulation, including state nonprofit corporation laws, tax laws, and licensing laws; and (3) accreditation. It begins by tracing how lay (meaning nonfaculty) governing boards became the dominant form of governance in American higher education. It argues that governing boards provide American institutions of higher education with an exceptional degree of autonomy from state control and that, together with the shared governance approach that gives faculties primary responsibility for academic matters, they have been a vital factor …

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 O’Neill Institute For National And Global Health Law: Discovering Innovative Solutions For The Most Pressing Health Problems Facing The Nation And The World, Lawrence O. Gostin, Oscar A. Cabrera, Susan C. Kim

Georgetown Law Faculty Publications and Other Works

The connection between health and an individual’s ability to function in society, as well as the importance of health to a society’s economic, political, and social wellbeing necessitates finding innovative solutions to the world’s most pressing health problems. The O’Neill Institute for National and Global Health Law at Georgetown University seeks to demonstrate the role that academia can play in addressing complex national and global health problems in a comprehensive, evidence-based, intellectually-rigorous, and nonpartisan manner. The O’Neill Institute currently has three research programs: global health law, national health law, and the center for disease prevention and outcomes. Projects within these …

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 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 …

Brief History Of Religion In Northeast Ohio, A, George W. Knepper

Cleveland Memory

This monograph presents a concise but comprehensive look at the history of religion in Northeast Ohio. Starting with the early settlers from New England, Professor Knepper traces the increasingly diverse mixture of faiths that now characterize the life of the sacred in Northeast Ohio. In doing this, Professor Knepper is drawing on a lifetime of study into Ohio's history. Original publication date 2002.

Hart Crane In Akron And Cleveland 1919-1923: Ohio Roads And Bridges To The Bridge, Olivier Alexis

Cleveland Memory

"It is the 1920's. A young poet stands on a bridge at midnight. Below him the river slides black and mysterious, beyond him the lights of the city sparkle. He looks up and raises his arms towards the sky in speechless communion. His fingers 'spread among stars.' He is consumed with the visions which in a few years will culminate in The Bridge. Who might the poet be? Hart Crane, of course. And the bridge and city? The Brooklyn Bridge in New York, right? No, wrong! The bridge is the Detroit- Superior Bridge and the city is Cleveland." — from …

Impolitic: Kent Johnson's Radical Hybridity On Doubled Flowering: From The Notebooks Of Araki Yasusada (Roof Books, 1997), Epigramititis: 118 Living American Poets (Blazevox, 2004), Lyric Poetry After Auschwitz: Eleven Submissions To The War (Effing Press, 2005), I Once Met (Longhouse, 2007), And Homage To The Last Avant-Garde (Shearsman Books, 2008), Michael Theune

Scholarship

The past twenty years in American poetry have given rise to middle space poetry, poetry—sometimes labeled “Third Way,” “Hybrid,” and/or “Elliptical”—that situates itself in the middle space between mainstream/lyric and avant-garde/experimental aesthetics. While work in the middle space by now should have added up to an important and fruitful development in contemporary poetry—for there is much shared ground for these aesthetics to explore—middle space thinking and poetry for the most part has been very problematic. Paradoxically, the problems of the middle space—especially as it is presented in its three key anthologies: Reginald Shepherd’s The Iowa Anthology of New American Poetries …

Front Matter

The Bridge

No abstract provided.

Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister

San Diego Journal of Climate & Energy Law

This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …

Human Rights Reference Sources: A Critical Annotated Bibliography, Chad M. Kahl, Stephanie Davis-Kahl

Faculty and Staff Publications – Milner Library

The area of human rights has had significant attention both nationally and internationally in the press and in the political arena. While there is a renewed commitment to human rights advocacy, there is also an upward trend in popular culture of depictions of torture. This article provides critical annotations of English-language reference sources, published since 1990, and available both in print and online, in an effort to aid librarians collecting and weeding materials for human rights research.

An Exploratory Study Of The Intrapersonal, Socio-Cultural, And Behavioral Factors That Influence Hiv Risk Behaviors Among Ethnic Subgroups Of Black Heterosexual Men: The Intersection Of The Beliefs And Perceptions Of Black Women, Shalewa Noel-Thomas

USF Tampa Graduate Theses and Dissertations

Twenty five years after AIDS was first scientifically described, the disease continues to take its toll on the human population. HIV/AIDS disproportionately affects marginalized groups such as poor, underserved, minority populations. In the United States, Blacks become infected with and die from HIV/AIDS more than any other ethnic or racial group. Despite a vast body of literature on HIV/AIDS, little research has focused on black heterosexual men and even fewer studies have explored the context of risk among subgroups of black men.

Using qualitative research methods and a socio-ecological framework, this study explored the intrapersonal, socio-cultural, and behavioral factors that …

Financial Stress, Neighborhood Stress, And Well-Being: Mediational And Moderational Models, Amy Kapp

Honors Projects

This study explores how aspects of the community environment might facilitate the stress-and-coping process – specifically, the protective effects of social integration and high quality neighborhoods on psychological well-being. Previous research suggests that low levels of financial stress, lower neighborhood stress, and social integration are each associated with greater levels of well-being; few studies, however, investigate these contextual variables in conjunction with one another. Data from the Notre Dame Study of Health and Well-Being were used to investigate whether (1) neighborhood stress moderates the relationship between financial stress and psychological well-being and (2) social integration mediates the relationship between neighborhood …

Bayesian Model Of The Dynamics Of Motion Integration In Smooth Pursuit And Plaid Perception, Kameliya Dimova

School of Engineering, Computing and Mathematics Theses

In this thesis, a model of motion integration is described which is based on a recursive Bayesian estimation process. The model displays a dynamic behaviour qualitatively similar to the dynamics of the motion integration process observed experimentally in smooth eye pursuit and plaid perception. The computer simulations of the model applied to smooth pursuit eye movements confirm the psychophysical data both in humans and monkeys, and the physiological data in monkeys. The temporal dynamics of motion integration is demonstrated together with its dependence on contrast, size of the stimulus and added noise. A new theoretical approach to explaining plaid perception …

Contemporary Contradictions And Challenges Facing Married Fathers And Mothers, Erin K. Holmes, Jennifer Baumgartner, Loren Marks, Rob Palkovitz, Olena Nesteruk

Faculty Publications

Part one of this review chapter provides a brief historical overview of the fathering role. Following this overview, some cultural contradictions and challenges facing fathers, particularly married fathers, are outlined and discussed. Key issues of focus in this section include married fathers balancing economic provision, household work, and involvement in child rearing. Part two of the chapter will overview cultural challenges and contradictions facing mothers, particularly married mothers. The contradictory challenges often inherent in marriage-based mothering include the pressures too simultaneously provide "intensive mothering" and to be extensively involved in a career. In sum, the chapter will illustrate how married …

Recovering And Updating Legacy Dictionary Data, Deryle W. Lonsdale, Dawn Bates

Faculty Publications

Ongoing efforts to annotate and web-enable Lushootseed language resources involve displaying complex dictionary information in ways suitable for diverse users. In this paper we discuss how we have converted dictionary data from its legacy format into a best-practice, state-of-the-art XML format. We also describe how we have been able to further leverage this XML data by making it compatible with Kirrkirr, a new dictionary browser designed to display dictionary information for Australian aboriginal languages. We sketch the process in adapting the dictionary browser to make it a very workable visualization tool for Lushootseed data as well. We also explain and …

Romantic Relationships And The Physical And Mental Health Of College Students, Scott R. Braithwaite, Raquel Delevi, Frank Fincham

Faculty Publications

This study tested the hypothesis that, analogous to married individuals, college students in committed romantic relationships experience greater well-being than single college students. In a sample of 1,621 college students, individuals in committed relationships experienced fewer mental health problems and were less likely to be overweight/obese. There were no significant differences between groups in frequency of physical health problems. Examination of 2 models suggested that being in a committed romantic relationship decreases problematic outcomes largely through a reduction in sexual partners, which in turn decreases both risky behaviors and problematic outcomes. These results are discussed in the context of how …

Improved Method For The Determination Of Kinetic Parameters From Non-Isothermal Thermogravimetric Analysis (Tga) Data, Thomas H. Fletcher, James L. Hillier, Trent Bezzant

Faculty Publications

Thermogravimetric analysis (TGA) at a constant heating rate is a popular technique for characterizing reaction behavior. Determination of kinetic coefficients from suchTGAdata has given rise to a large range of reported activation energies for similar samples. In general, rate coefficients are determined using either a linearized integral method or a derivative method. A new method incorporating several well-known techniques is presented that avoids the problems with the linearized techniques as they are generally used. This paper compares results from the new method with results using either the integral or derivative method. Mathematically generated data were used with known kinetic parameters …

Experimental Measurements During Combustion Of Moist Individual Foliage Samples, Brent M. Pickett, Carl Isackson, Rebecca Wunder, Thomas H. Fletcher, Bret Buitler, David R. Weise

Faculty Publications

Individual samples of high moisture fuels from the western and southern United States and humidified aspen excelsior were burned over a flat-flame burner at 987◦ ±12 C and 10±0.5 mol% O2. Time-dependent mass and temperature profiles of these samples were obtained and analysed. It was observed that significant amounts of moisture remained in the individual samples after ignition occurred. Temperature histories showed a plateau at 200◦–300 C at the leaf perimeter rather than at 100 C, with a plateau of 140 C for the leaf interior. Implications are that classical combustion models should be altered to reflect the behaviour of …

Louder Speech Leads To Greater Intelligibility Improvements Than Amplification Of Habitual Speech In Parkinson’S Disease, Christopher Dromey

Faculty Publications

Effects of loud and amplified speech on sentence and word intelligibility in Parkinson disease.

Experiences Of Assessment Using Multiple Choice Questions On Advanced Modules Taken By Level 8 And Level 9 Engineering Students, Aidan O'Dwyer

Conference papers

This contribution evaluates the use of multiple-choice questions, in both formative and summative assessment modes, on advanced modules taken by Level 8 and Level 9 engineering students, over the past two academic years. Assessment data, and student experiences with the assessment methods, are reported and analysed.

The Fractal Market Hypothesis: Applications To Financial Forecasting, Jonathan Blackledge

Books/Book chapters

No abstract provided.

The Fractal Market Hypothesis: Applications To Financial Forecasting, Jonathan Blackledge

Other resources

Most financial modelling systems rely on an underlying hypothesis known as the Efficient Market Hypothesis (EMH) including the famous Black-Scholes formula for placing an option. However, the EMH has a fundamental flaw: it is based on the assumption that economic processes are normally distributed and it has long been known that this is not the case. This fundamental assumption leads to a number of shortcomings associated with using the EMH to analyse financial data which includes failure to predict the future volatility of a market share value. This book introduces a new financial risk assessment model based on Levy statistics …