Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2010

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 24481 - 24510 of 25840

Full-Text Articles in Entire DC Network

Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye Jan 2010

Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye

Faculty Scholarship

Day in and day out, criminalists testify to positive, uniquely specific identifications of fingerprints, bullets, handwriting, and other trace evidence. A committee of the National Academy of Sciences, building on the writing of academic commentators, has called for sweeping changes in the presentation and production of evidence of identification. These include some form of circumscribed and standardized testimony. But the Academy report is short on the specifics of the testimony that would be legally and professionally allowable. This essay outlines possible types of testimony that might harmonize the testimony of criminalists with the actual state of forensic science. It does …

Go to article

Gina's Genotypes, David H. Kaye Jan 2010

Gina's Genotypes, David H. Kaye

Faculty Scholarship

In August 2009, the Board of Trustees of the University of Akron added to the university's employment policy the following proviso: "any applicant may be asked to submit fingerprints or DNA sample for purpose of a federal criminal background check." Although the federal government does not do background checks with DNA, the policy is significant because it highlights a largely unexplored feature of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA generally prohibits employers from asking for "genetic information." The faculty senate and outside commentators have declared that the Akron policy is "of doubtful legality" because it "appears to …

Go to article

Transnational Mass Claim Processes (Tmcps) In International Law And Practice, Arturo J. Carrillo, Jason Scott Palmer Jan 2010

Transnational Mass Claim Processes (Tmcps) In International Law And Practice, Arturo J. Carrillo, Jason Scott Palmer

GW Law Faculty Publications & Other Works

This article recognizes a growing overlap in the literature between international mass claims processes (“IMCPS”) and transitional justice claims processes (“TJCPs”), i.e. domestic reparations programs adopted by successor governments in the wake of mass atrocity. This convergence is reflected in a number of recent publications in both fields that promote the comparative analysis of IMCPs and TJCPs, which in turn, leads to the conclusion that the two processes share a number of analogous characteristics. Commentators tend to view these ostensibly shared traits as a natural source of “best practices” or “lessons” transferable between mass claims procedures in the international and …

Go to article

Same-Sex Family Equality And Religious Freedom, Ira C. Lupu, Robert W. Tuttle Jan 2010

Same-Sex Family Equality And Religious Freedom, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In the spring of 2009, the legislatures of Connecticut, Maine, New Hampshire, and Vermont became the first in the U.S. to enact laws recognizing the legality of same-sex civil marriage. The legislation in all four states included provisions designed to protect the freedom of clergy and religious communities that do not want to recognize same-sex marriage. The legislation in several of the states also included provisions designed to insulate religious organizations from obligations that might arise from the legalization of same-sex marriage – for example, with respect to adoption or the provision of housing to married couples. Despite academic and …

Go to article

A Core Of Agreement, Donald Braman, Dan M. Kahan, David Hoffman Jan 2010

A Core Of Agreement, Donald Braman, Dan M. Kahan, David Hoffman

GW Law Faculty Publications & Other Works

In this short comment, we respond to papers by Robinson, Kurzban, and Jones (RKJ) and by Darley, who replied to our paper, Punishment Naturalism. We align ourselves wholeheartedly with Darley’s argument that intuitions of criminal wrongdoing, while mediated by cognitive mechanisms that are largely universal, consist in evaluations that vary significantly across cultural groups. RKJ defend their finding of “universal” intuitions of “core” of criminal wrongdoing. They acknowledge, however, that their method for identifying the core excludes by design factors that predictably generate cultural variance in what behavior counts as murder, rape, theft and other “core” offenses. On this basis, …

Go to article

Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman Jan 2010

Some Realism About Punishment Naturalism, Donald Braman, Dan M. Kahan, David A. Hoffman

GW Law Faculty Publications & Other Works

In this paper we critique the increasingly prominent claims of punishment naturalism – the notion that highly nuanced intuitions about most forms of crime and punishment are broadly shared, and that this agreement is best explained by a particular form of evolutionary psychology. While the core claims of punishment naturalism are deeply attractive and intuitive, they are contradicted by a broad array of studies and depend on a number of logical missteps. The most obvious shortcoming of punishment naturalism is that it ignores empirical research demonstrating deep disagreements over what constitutes a wrongful act and just how wrongful it should …

Go to article

Geographic Trademarks And The Protection Of Competitor Communication, Robert Brauneis Jan 2010

Geographic Trademarks And The Protection Of Competitor Communication, Robert Brauneis

GW Law Faculty Publications & Other Works

Over the last 25 years, brand names that incorporate geographic terms have become easier to register immediately at the U.S. Patent and Trademark Office, without having to demonstrate acquired distinctiveness or "secondary meaning." This is largely due to two developments. The first is the rise of a subjective "goods-place association" test, under which an examiner must show that consumers would understand the brand name as claiming geographic origin before refusing registration. The second is the Federal Circuit's interpretation of the NAFTA Implementation Act as requiring a showing of materiality before refusing to register a trademark as primarily geographically deceptively misdescriptive. …

Go to article

International Decision: Tatar C. Roumanie, App. No. 67021/01...European Court Of Human Rights, Jan. 27, 2009, Dinah L. Shelton Jan 2010

International Decision: Tatar C. Roumanie, App. No. 67021/01...European Court Of Human Rights, Jan. 27, 2009, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This case note examines Tatar c. Roumanie, App. No. 6702 1/01, at http://www.echr.coe.int., European Court of Human Rights, January 27, 2009. In Tatar c. Roumanie, the applicants claimed that the Romanian authorities’ failure to halt the practice of using sodium cyanide constituted a breach of Article 2 of the European Convention on Human Rights and Fundamental Freedoms. On these facts, the European Court reiterated earlier holdings that pollution can interfere with a person's private and family life by harming his or her well-being. Accordingly, the Court held that the operating conditions laid down by the Romanian authorities had been inadequate …

Go to article

Comparative Originalism, David Fontana Jan 2010

Comparative Originalism, David Fontana

GW Law Faculty Publications & Other Works

Jamal Greene has written an important paper examining originalism in other countries. This short response argues that comparing the United States with Canada and Australia (the countries Professor Greene mostly examines) involves comparing quite different countries, because the Canadian and Australian constitutions reorganized preexisting institutions, whereas the United States had more of a nation-creating, revolutionary constitution. Other countries that arose out of more revolutionary events, such as certain post-colonial African and Latin American nations, have also tended to feature originalist arguments. When the nation predates the creation of a constitution, key cultural and political understandings also predate the constitution, thereby …

Go to article

Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain Jan 2010

Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain

GW Law Faculty Publications & Other Works

This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …

Go to article

Two-Direction Cracking Shear-Friction Membrane Model For Finite Elment Analysis Of Reinforced Concrete, Jeffrey Mitchell Jan 2010

Two-Direction Cracking Shear-Friction Membrane Model For Finite Elment Analysis Of Reinforced Concrete, Jeffrey Mitchell

All Theses and Dissertations (ETDs)

There are a multitude of existing material models for the finite element analysis of cracked reinforced concrete that provide reduced shear stiffness but do not limit shear strength. In addition typical models are not based on the actual physical behavior of shear transfer across cracks by shear friction recognized in the ACI Building Code and present in previous experimental work. Recently a shear friction model was proposed that was able to capture the recognized cracked concrete behavior by limiting the shear strength as a function of yielding in the reinforcement across the crack. However, the proposed model was only formulated …

Go to article

Characterization Of Scannable Leaky Wave Antennas Using An Extended Metamaterial Framework, Garrett Gilchrist Jan 2010

Characterization Of Scannable Leaky Wave Antennas Using An Extended Metamaterial Framework, Garrett Gilchrist

All Theses and Dissertations (ETDs)

No abstract provided.

Go to article

Unbound By Law: Association And Autonomy In The Early American Republic, Kevin Butterfield Jan 2010

Unbound By Law: Association And Autonomy In The Early American Republic, Kevin Butterfield

All Theses and Dissertations (ETDs)

This dissertation examines how the concept of voluntary membership evolved between the 1780s and the 1830s, a period in which men and women created thousands of groups seeking everything from fraternity to profit to social reform. Before observers foreign and domestic would begin to identify the voluntary association as a defining characteristic of post-Revolutionary American culture, Americans who organized and joined such groups had struggled for decades to determine what membership ought to look like, what rights and duties the act of joining should entail. By the time Alexis de Tocqueville famously noted in 1831 that Americans were "forever forming …

Go to article

The Advent Of Islam In China: Guangzhou Fanfang During The Tang-Song Era, Meng Wei Jan 2010

The Advent Of Islam In China: Guangzhou Fanfang During The Tang-Song Era, Meng Wei

All Theses and Dissertations (ETDs)

No abstract provided.

Go to article

The Potential For Conditional Cash Transfers To Influence Outcomes, Dawn Dziuba Jan 2010

The Potential For Conditional Cash Transfers To Influence Outcomes, Dawn Dziuba

All Theses and Dissertations (ETDs)

No abstract provided.

Go to article

What Do The Studies Of Judicial Review Of Agency Actions Mean?, Richard J. Pierce Jr Jan 2010

What Do The Studies Of Judicial Review Of Agency Actions Mean?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay, I discuss the meaning of ten empirical studies of judicial review of agency actions that have been published over the last twenty years. The most robust findings are: a court’s choice among the six deference doctrines courts now use has no effect on the outcome of cases; the ideological preferences of judges and Justices explain about 30% of their votes; members of politically mixed panels indulge their ideological preferences about half as often as do members of politically homogenous panels; and, the D.C. Circuit is consistently less deferential than other circuits. I conclude by endorsing David Zaring’s …

Go to article

Urban Speleology Applied To Groundwater And Geo-Engineering Studies: Underground Topographic Surveying Of The Ancient Arca D’Água Galleries Catchworks (Porto, Nw Portugal), H. I. Chaminé, M. J. Afonso, P. M. Robalo, P. Rodrigues, C. Cortez, F. A. Monteiro Santos, J. P. Plancha, P. E. Fonseca, A. Gomes, N. F. Devy-Vareta, J. M. Marques, M. E. Lopes, G. Fontes, A. Pires, F. Rocha Jan 2010

Urban Speleology Applied To Groundwater And Geo-Engineering Studies: Underground Topographic Surveying Of The Ancient Arca D’Água Galleries Catchworks (Porto, Nw Portugal), H. I. Chaminé, M. J. Afonso, P. M. Robalo, P. Rodrigues, C. Cortez, F. A. Monteiro Santos, J. P. Plancha, P. E. Fonseca, A. Gomes, N. F. Devy-Vareta, J. M. Marques, M. E. Lopes, G. Fontes, A. Pires, F. Rocha

International Journal of Speleology

The Porto settlement (Northwest Portugal, Iberian Peninsula) was originally built in the twelfth century and has been developed on granitic hill slopes of the Douro riverside, being one of the oldest cities in Europe. In the urban area of Porto, the second most important city of the Portuguese mainland, there is a population of about 216,000 inhabitants. This study highlights the importance of urban speleological mapping applied to groundwater and geo-engineering studies. All the water that flows from the so-called Paranhos or Arca D’Água springs is captured by catchwork galleries and their utilization date back around 1120 AD. Paranhos spring …

Go to article

Mfa10 (Mfa 2010), Sam Fox School Of Design & Visual Arts, Mildred Lane Kemper Art Museum, Buzz Spector, Robert Gero, Patricia J. Olynyk, Clyde Ashby, Aaron Bos-Wahl, Andrew Cozzens, John Early, Ryan James Fabel, Joel Fullerton, Mary Beth Hassan, Wenting Hsu, John Nicholas Hutchings, Dani Kantrowitz, Larry Keaty, Mamie Korpela, Paola Laterza, Mad Mohre, Emily Moorhead, Jonathan Muehlke, Jessa Richardson, Nicolette Ross, Carlie Trosclair Jan 2010

Mfa10 (Mfa 2010), Sam Fox School Of Design & Visual Arts, Mildred Lane Kemper Art Museum, Buzz Spector, Robert Gero, Patricia J. Olynyk, Clyde Ashby, Aaron Bos-Wahl, Andrew Cozzens, John Early, Ryan James Fabel, Joel Fullerton, Mary Beth Hassan, Wenting Hsu, John Nicholas Hutchings, Dani Kantrowitz, Larry Keaty, Mamie Korpela, Paola Laterza, Mad Mohre, Emily Moorhead, Jonathan Muehlke, Jessa Richardson, Nicolette Ross, Carlie Trosclair

Books and Monographs

Catalogue of a culminating student exhibition held at the Mildred Lane Kemper Art Museum in 2010. Content includes Foreword / Buzz Spector -- Thinking as making / Robert Gero -- A new set of conversations / Patricia Olynyk -- MFA 2010 graduates. Clyde Ashby / Aaron Bos-Wahl / Andrew Cozzens / John Early / Ryan James Fabel / Joel Fullerton / Mary Beth Hassan / Wenting Hsu / John Nicholas Hutchings/ Dani Kantrowitz / Larry Keaty / Mamie Korpela / Paola Laterza / Mad Mohre / Emily Moorhead / Jonathan Muehlke / Jessa Richardson / Nicolette Ross / Carlie Trosclair …

Go to article

The Eminence Of Imminence And The Myopia Of Markets, Teneille R. Brown Jan 2010

The Eminence Of Imminence And The Myopia Of Markets, Teneille R. Brown

Utah Law Faculty Scholarship

This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here I am interested in a particular type of public health threat – the negative consequences that stem from climate change. In this article I view the climate change discussion through the lens of distributive justice. I analyze the ethical as well as legal arguments for encouraging …

Go to article

Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Teneille R. Brown, Emily R.D. Murphy Jan 2010

Through A Scanner Darkly: Functional Neuroimaging As Evidence Of A Criminal Defendant's Past Mental States, Teneille R. Brown, Emily R.D. Murphy

Utah Law Faculty Scholarship

As with phrenology and the polygraph, we are again confronted with a device that the media claims to be capable of reading our minds. This new device is functional magnetic resonance imaging ("fMRI"), and it is currently being introduced to negate a criminal defendant's mens rea, such as the specific intent to kill. In this paper we will demonstrate that functional brain images should not currently be admitted into courts for this purpose. We will do so by walking through each step of the imaging methodology in plain terms, making it clear why the brain images are minimally probative when …

Go to article

Protecting Crime Victims In Federal Appellate Courts: The Need To Broadly Construe The Crime Victims' Rights Act's Mandamus Provisions, Paul Cassell Jan 2010

Protecting Crime Victims In Federal Appellate Courts: The Need To Broadly Construe The Crime Victims' Rights Act's Mandamus Provisions, Paul Cassell

Utah Law Faculty Scholarship

In 2004, Congress passed the Crime Victims’ Rights Act to dramatically reshape the federal criminal justice system and ensure that crime victims are treated fairly in the criminal process. An important feature of the CVRA is its provisions allowing victims to enforce their rights not only in trial courts, but also in appellate courts. Among the enforcement provisions is one guaranteeing a crime victim expedited access to appellate review. The CVRA provides that if the district court denies any relief sought by a crime victim, the victim “may petition the court of appeals for a writ of mandamus. . . …

Go to article

Diversity Backlash: Examining The Caucasian Response In Homogenous And Heterogeneous Groups, Michael Dooney Jan 2010

Diversity Backlash: Examining The Caucasian Response In Homogenous And Heterogeneous Groups, Michael Dooney

Seton Hall University Dissertations and Theses (ETDs)

.

Go to article

Synthesis And Photophysics Of Platinum(Ii) Terdentate And Bidentate Complexes., Jing Yi Jan 2010

Synthesis And Photophysics Of Platinum(Ii) Terdentate And Bidentate Complexes., Jing Yi

Chemistry and Biochemistry

Platinum(ll) terdentate and bidentate complexes possess square-planar d8 configuration. The moderate metal-to-ligand charge-transfer (1MLCT) absorption, 3MLCT emission, and broadband excited-state absorption are the unique spectroscopic features for these complexes. In my thesis work, two series of terdentate platinum(II) complexes and one bidentate platinum(II) complex were designed and synthesized. The photophysical properties, such as the electronic absorption, photoluminescence, and triplet excited-state absorption, are investigated systematically. Chapter I introduced the representative work on the synthesis and photophysical studies of the terdentate and bidentate platinum(II) complexes reported in the literature. The motivation for my thesis project was briefly discussed. In Chapter 2, the …

Go to article

An Investigation Of The Kerogen-Mineral Interactions In Green River Oil Shale, Kristin Nadiene Alstadt Jan 2010

An Investigation Of The Kerogen-Mineral Interactions In Green River Oil Shale, Kristin Nadiene Alstadt

Civil and Environmental Engineering

Green River oil shale contains minerals, kerogen, and bitumen and yields a significant amount of oil upon heating. Kerogen is the insoluble organic remains found in sedimentary materials. It is a precursor to crude oil and is one of the most abundant forms of carbonaceous materials on earth. The richest oil shale deposits in the world are found in the Green River Formation located in the states of Utah, Wyoming and Colorado in the United States with the potential to be a major national resource. Current extraction methods involve heating the shale to high temperatures in order to decompose and …

Go to article

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson Jan 2010

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson

Scholarly Works

This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.

Go to article

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin Jan 2010

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Scholarly Works

No abstract provided.

Go to article

Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef Jan 2010

Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef

Canadian Journal of Law and Technology

It is clear that the use of information technology is quickly becoming a necessity for the justice system. In civil cases, delays and costs are causing individuals to abandon the courts, and cases that make it to trial are of ever-increasing complexity. Moreover, public security is weakened by the inefficient and cumbersome conditions by which criminal justice information circulates among the various stakeholders, such as the police, prosecutors, the courts, penitentiaries and parole boards, to name only a few. It becomes apparent that information technology has much to offer individuals involved in court cases and the justice system as a …

Go to article

The Patentability Of Electromagnetic And Acoustic Signals In Canada, Natalie Raffoul Jan 2010

The Patentability Of Electromagnetic And Acoustic Signals In Canada, Natalie Raffoul

Canadian Journal of Law and Technology

The issue of the patentability of electromagnetic and acoustic signals has not been litigated in Canada. If, however, the issue does come forward for litigation, Canadian courts may decide differently than their American colleagues did. The Supreme Court of Canada’s ‘Harvard Mouse’ decision shows that the Canadian law on patentable subject matter differs from American law. Under the Canadian definition of manufacture, electromagnetic and acoustic signals could constitute patentable subject matter.

Go to article

Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa Jan 2010

Information Privacy In Public Space: Location Data, Data Protection And The Reasonable Expectation Of Privacy, Teresa Scassa

Canadian Journal of Law and Technology

This article considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.

Go to article

Web 2.0 Regulation: A Risk Management Process, Pierre Trudel Jan 2010

Web 2.0 Regulation: A Risk Management Process, Pierre Trudel

Canadian Journal of Law and Technology

In order to describe the law relating to Web 2.0, we have to look at the normativity that really operates there. Effective norms engender strong enough risks for stakeholders that they find it in their interest to comply. State legislation is not the only thing that governs Internet activities; the normativity that governs the resources associated with Web 2.0 flows from what the technology permits and prohibits, and also largely from stakeholder practices. Configurations and practices create risk or shift risk onto others. However, state regulators may consider that the risks arising out of Internet activities are worrisome enough that …

Go to article

First Prev Next Last