Digital Commons Network^™

Harvard And Yale Ascendant: The Legal Education Of The Justices From Holmes To Kagan, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

With the nomination of Elena Kagan to be a justice of the United States Supreme Court, it is quite possible that eight of the nine justices will have graduated from only two law schools—Harvard and Yale. This article frames this development in the historical context of the legal education of those justices confirmed between 1902 and 2010. What this historical review makes clear is that the Ivy League dominance of the Supreme Court is a relatively recent occurrence whose beginnings can be traced to Antonin Scalia’s 1986 confirmation. Prior to that time, although Harvard and Yale were consistently represented among …

Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article places the emerging “responsibility to protect” within the historical development of international human rights and criminal law, while also attempting to more fully theorize the responsibility to ensure that it can be a basis for action in the face of a state’s commission of atrocities against its citizens. The main point of departure concerns the issue of “right authority” at that point in time when a coercive intervention is justified. Rather than rely solely on the Security Council in these situations, this article contends that unilateral and multilateral action must be countenanced by a fully theorized “responsibility to …

The Perils Of Empowerment, Jane H. Aiken, Katherine Goldwasser

Georgetown Law Faculty Publications and Other Works

This Article examines bystander norms of disinterest and blame that inform and undermine strategies for dealing with significant social problems such as domestic violence. Current strategies rely on individual “empowerment” to reduce such violence. These strategies reflect fundamental misconceptions and false assumptions about the nature of domestic violence, about why this sort of violence persists so stubbornly, and, ultimately, about what it takes to change behavior that has long been tolerated, if not actually fostered, as a result of deeply imbedded social and cultural norms. The net effect is that far from empowering abused women, let alone reaching the norms …

Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth

Georgetown Law Faculty Publications and Other Works

This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too little litigation, …

Eliminating Trade Remedies From The Wto: Lessons From Regional Trade Agreements, Tania Voon

Georgetown Law Faculty Publications and Other Works

As the global financial crisis threatens to manifest in enhanced protectionism, the economic irrationality of dumping, countervailing, and global safeguard measures (so-called ‘trade remedies’) should be of increased concern to the Members of the World Trade Organization (‘WTO’). Long tolerated under the WTO agreements and perhaps a necessary evil to facilitate multilateral trade liberalisation, elimination of trade remedies is far from the agenda of WTO negotiators. However, a small number of regional trade agreements offer a model for reducing the use of trade remedies among WTO Members in the longer term, consistent with WTO rules and broader public international law.

Discourse, Identity, And Culture In Diverse Organizations: A Study Of The Muslim Students Association (University Of Montana), Burhanuddin Bin Omar

Graduate Student Theses, Dissertations, & Professional Papers

This study examined the relationship between discourse, identity and culture within the diverse membership of the Muslim Students Association, University of Montana. Previous organizational identity research has discussed how identity is fluid, how identity regulation occurs between the organization and membership, and that identity is formed through discourses. Additionally, the literature also shows us how these identity influencing discourses are themselves influenced by culture. This study expands the literature through an exploration of the identity formation of organizational members who share Islam as a religion within a culturally diverse MSA. This study utilizes a poststructuralist lens to explore the discursive …

Constructing Adequate Language Documentation For Multifaceted Cross-Linguistic Data: A Case Study From The Virtual Center For Study Of Language Acquisition, Barbara Lust, Suzanne Flynn, María Blume, Elaine L. Westbrooks

University of Nebraska-Lincoln Libraries: Faculty Publications

This paper confronts the challenge of constructing language documentation and data management in the face of continually expanding sets of crosslinguistic multi-media data arising in collaborative language acquisition research. It describes the development of an infrastructure and methods for creating and managing such shared language data across a Virtual Center for Language Acquisition(VCLA) by fostering collaborative scientific research in the language sciences across multiple institutions. The infrastructure reflects a research lab/academic library collaboration that integrates metadata organization in research methods. This paper describes both the research and educational components involved in the development of the VCLA

学術機関リポジトリでのオリジナルコンテンツの公開, Paul Royster

University of Nebraska-Lincoln Libraries: Faculty Publications

学術機関リポジトリ（Institutional Repository、IR）は主に、学術雑誌、記念論文集、論文集など、他の場所で公開済みの学術的コンテンツを再公開する手段として開発され促進されてきた。本書では、他ではまだ公開していない資料の最初の公開場所にIRを使用する方法について考察し、学術的公開のための発展性のある「第一手段」として、また従来の商業出版社または大学出版局の代わりとなる既存の手段としてIRを利用できる可能性を評価する。Serials Review 2008; 34:27-30. Translation courtesy of Library Liaison Team, National Institute of Informatics, Japan, Cyber Science Infrastructure Development Department, Scholarly and Academic Information Division.

Mulieris Dignitatem: Pornography And The Dignity Of The Soul - An Exploration Of Dignity In A Protected Speech Paradigm, Mary Graw Leary

Scholarly Articles

This article, part of a symposium celebrating the 20th anniversary of Mulieris Dignitatem, reflects on Mulieris Dignitatem’s teachings, and how they can inform the issue of pornography. Modern day pornography has increased in both its quantity and severity of content. Mulieris Dignitatem offers a pathway out of this reality with its focus on the concept of dignity. The article reviews John Paul II’s emphasis on the dignity of woman and applies it to the modern day issue of pornography. The article suggests a paradigm shift from examining pornography solely through a speech and expression lens to examining the issue through …

Women In Antebellum Alachua County, Florida, Herbert Joseph O'Shields

UNF Graduate Theses and Dissertations

The purpose of this study was to investigate the role and status of women in Alachua County, Florida, from 1821 through 1860. The secondary literature suggests that women throughout America had virtually no public role to play in antebellum society except in limited circumstances in some mature urban, commercial settings. The study reviewed U.S. Census materials, slave ownership records, and land ownership records as a means to examine the family structures, the mobility and persistence of persons and households, and the economic status of women, particularly including woman headed households. The study also examined laws adopted by the Florida legislative …

Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary

Scholarly Articles

One need only read the newspaper to see a rising dangerous phenomenon among juveniles: the creation and subsequent sharing via the Internet of sexually explicit photographs. This self exploitation is not only a tragic social problem, but a growing legal one as well. Judges, attorneys, and legislators, are forced to address this activity because, in addition to being self destructive, it is also a violation of state and federal child pornography laws. Juvenile self exploitation illustrates a clash of two lines of jurisprudence and public policy: the aggressive opposition to child pornography and the more lenient rehabilitative treatment of juvenile …

A Non-Fatal Collision: Where Religious Land Uses And Community Interests Meet, Adam J. Macleod

Scholarly Articles

This paper grapples with the question how best to interpret the Religious Land Use and Institutionalized Persons Act, which creates a prophylactic remedy in favor of religious land users burdened by local land use regulations. Where the burden on religious exercise is substantial, RLUIPA subjects the regulation to strict scrutiny review. Several scholars object to RLUIPA on the grounds that it violates principles of federalism and equality between religious and non-religious landowners. Other scholars make the case for an expansive RLUIPA on the ground that the First Amendment privileges religious exercise over other types of land use.

This article first …

Characterization Of The Corrosion Protection Mechanism Of Cerium-Based Conversion Coatings On High Strength Aluminum Alloys, William R. Pinc

Doctoral Dissertations

"The aim of the work presented in this dissertation is to investigate the corrosion protection mechanism of cerium-based conversion coatings ( CeCCs) used in the corrosion protection of high strength aluminum alloys. The corrosion resistance of CeCCs involves two general mechanisms; barrier and active. The barrier protection mechanism was influenced by processing parameters, specifically surface preparation, post-treatment, and the use of gelatin. Post-treatment and the addition of gelatin to the coating solution resulted in fewer cracks and transformation of the coating to CeP0₄, which increased the corrosion resistance by improving the barrier aspect of CeCCs. CeCCs were found to best …

Development Of Embedded Modulated Scatterer Technique: Single- And Dual-Loaded Scatterers, Kristen M. Donnell

Doctoral Dissertations

"Health monitoring of infrastructure is an important ongoing issue. Therefore, it is important that a cost-effective and practical method for evaluating complex composite structures be developed. A promising microwave-based embedded sensor technology is developed based on the Modulated Scatterer Technique (MST). MST is based on illuminating a probe, commonly a dipole antenna loaded with a PIN diode (also referred to as a single-loaded scatterer, or SLS), with an electromagnetic wave. This impinging wave induces a current along the scatterer length, which causes a scattered field to be reradiated. Modulating the PIN diode also modulates the signal scattered by the probe, …

A Study Of The Growth And Structure Of Chromium And Iron Oxide Films On Pd(001) Using X-Ray Photoelectron Diffraction And Low Energy Electron Diffraction, Tina Dhekial-Phukan

Doctoral Dissertations

"In this study, attempts were made to grow well-ordered chromium- and iron-oxide films on a Pd(001) surface, and two sample preparation techniques, the multilayer and the sequential growth techniques, were used to grow these transition metal oxide films. The study is a part of a larger project that aims to look into the interaction between metal substrates and the overlayers grown on them. Previous studies of oxide films on Ag(001) resulted in the growth of 4-fold and 3-fold symmetry oxide structures from the multilayer and sequential growth techniques respectively. The present investigation's goal was to study how the growth of …

Integration Mechanisms For Heading Perception, Elif M. Sikoglu, Finnegan J. Calabro, Scott A. Beardsley, Lucia M. Vaina

Biomedical Engineering Faculty Research and Publications

Previous studies of heading perception suggest that human observers employ spatiotemporal pooling to accommodate noise in optic flow stimuli. Here, we investigated how spatial and temporal integration mechanisms are used for judgments of heading through a psychophysical experiment involving three different types of noise. Furthermore, we developed two ideal observer models to study the components of the spatial information used by observers when performing the heading task. In the psychophysical experiment, we applied three types of direction noise to optic flow stimuli to differentiate the involvement of spatial and temporal integration mechanisms. The results indicate that temporal integration mechanisms play …

A Study In Law And Literature: Themes Of Exceptionalism And Equity In British And American Culture, William J. Wagner

Scholarly Articles

The advent of a new scale of international terrorism on September 11, 2001 posed a case for moral and legal evaluation that appeared to some in the global community to evade the reach of received rules or principles of moral or political action. The perceived threat and a certain sense by some governmental actors to an entitlement of latitude in response seemed to sever the situation from rules and principles in a depth dimension of consciousness. For many, the case's enormity overwhelmed its abstract moral definition. The foreign policy response of the United States-the country which had been attacked-further reinforced …

Leisure: Definitions, Patterns, And Constraints: A Study Of University Students In China, Shisi Zhou

Dissertations and Theses @ UNI

China has witnessed tremendous social transformation in the last three decades due to the introduction of the "open door" policy and economic reforms in the late 1970s, which has resulted in great changes in Chinese culture and identity considerations. University students, as one of the most energetic and creative groups of individuals in the society, are playing and will play an important role in leading leisure lifestyles in China in the future. The purpose of this study was to examine the understanding of leisure (xiuxian in Chinese), leisure patterns, and constraints among university students in China.

Undergraduate students (N = …

Private Enforcement Of Systemic Risk Regulation, Heidi Mandanis Schooner

Scholarly Articles

The failure of the regulatory system is at least one of the contributing causes to the 2008 Financial Crisis. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) will have a far-reaching impact on the financial services industry particularly in its attempt to regulate systemic risk. The Dodd-Frank Act, however, does not sufficiently address the problem of agency discretion generally, or the problem of an agency’s discretion to forebear, in particular. Under Dodd-Frank, the agencies retain considerable discretion and the effectiveness of the new regime depends on the optimal exercise of such discretion. This Article maintains that an …

Raymond B. Marcin: An Appreciation, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman

Scholarly Articles

The Confrontation Clause of the Sixth Amendment normally precludes the state from offering a child's "testimonial" hearsay statements into evidence if the child does not testify. An exception to that rule arises, however, if the defendant has engaged in misconduct that results in the forfeiture of the right to confront the child in court. In Giles v California, the United States Supreme Court attempted to clarify what a prosecutor must show in order to invoke the forfeiture doctrine. This Article examines the effect of Giles on the "testimonial" statement of a child declarant who does not testify at the defendant's …

Temporal And Biochemical Aspects Of Sindbis Virus Dissemination In The Mosquito Host, Kristen A. Ciano

UNF Graduate Theses and Dissertations

The prototype Alphavirus, Sindbis virus (SIN), relies on cyclic transmission between the mosquito and vertebrate hosts in order to be maintained in nature. This broad host range suggests that alphaviruses use a universally expressed molecule for attachment. Heparan sulfate proteoglycan (HSPG), a ubiquitous SIN receptor present on the cell surface of most eukaryotic cells, has been reported in the salivary glands and midguts of mosquitoes. These organs are essential for virus transmission from this hematophageous invertebrate. Variable host cell response in the mosquito following intrathoracic inoculation with SIN has been documented. In this study, per os infection of Aedine …

Strawberry Plug Plant Production, Dan Drost, Brent Black, Daniel Rowley

All Current Publications

This publication provides information on growing strawberries including planting dates and harvesting methods.

Not Guilty By Reason Of Neuroimaging: The Need For Cautionary Jury Instructions For Neuroscience Evidence In Criminal Trials, E. Spencer Compton

Vanderbilt Journal of Entertainment & Technology Law

Neuroimaging technology gives researchers the ability to see structures and functions of the human brain. As the technology advances, it is beginning to change the way the legal field understands the brain and its impact on legal concepts of capacity, sanity, guilt, and innocence. However, the sophisticated technology poses risks that juries will misunderstand the limits of the science or misapply the technical findings to a particular case. To combat the risk of undue prejudice, this Note proposes a cautionary jury instruction designed to remind jurors of the technical and legal limits of bringing neuroimages into the courtroom.

Losing My Edge: The Copyright Implications Of Audio Blogging And Why Blogs Matter To The Music Industry, Steven M. Reilly

Vanderbilt Journal of Entertainment & Technology Law

In the past decade, the information distribution channels for music have changed dramatically. Not only have they largely moved from radio and print to online sources, but many audioblogs have formed to cover various niches according to the individual tastes of bloggers. This democratization of music criticism has been popular with listeners, as the information is easily and immediately available as well as tailored to a particular interest.

A defining feature of the audioblog is the inclusion of a downloadable MP3 in each post. In some cases, especially for more popular audioblogs, the download is approved by the copyright holder. …

Promoting Creativity Through Copyright Limitations: Reflections On The Concept Of Exclusivity In Copyright Law, Christophe Geiger

Vanderbilt Journal of Entertainment & Technology Law

Do copyright limitations have the ability to promote creativity and innovation in an effective way? This question may initially sound astonishing because this incentive function is traditionally attributed to the exclusive rights and not to their limitations. However, it should not be forgotten that innovation often builds on existing creations. As a consequence, by depriving the copyright holder of the right to consent to certain acts, one might in turn encourage creative uses. In addition, it is possible for legislatures to draft limitations in order to guarantee that the permitted uses are not for free by providing for a just …

Guerrilla Radio: Has The Time Come For A Full Performance Right In Sound Recordings?, Lauren E. Kilgore

Vanderbilt Journal of Entertainment & Technology Law

Musicians and songwriters occupy a unique place in society as purveyors of composition and expression that impart an intangible benefit to society. Understanding the value of "Science and useful Arts," the Founders provided Constitutional protection for individuals spending time, money, and energy pursuing creative endeavors. Music defines generations and pivotal moments in history, and has rightfully taken its place at the forefront of human expression. When music began reaching the masses in the early twentieth century, both record labels and radio, even in its infancy, helped propel artists to the national spotlight. Johnny Cash, Ray Charles, and Pearl Jam all …

Libraries, Digital Content, And Copyright, Laura N. Gasaway

Vanderbilt Journal of Entertainment & Technology Law

Libraries use, acquire, create and host generate digital content. They digitize their existing collections of works such as letters, diaries and manuscripts and post them on library websites. Increasingly, libraries are utilizing digital technology to preserve library works which may or may not be made available to the public. Libraries also create, manage and host user generated content such as posts on discussion boards, blogs, wikis, RSS feeds, social bookmarking, tagging, and social networks. Libraries use user generated content for internal library purposes, such as displays and events and for teaching. Further, libraries often are asked to assist users who …

A Preliminary First Amendment Analysis Of Legislation Treating News Aggregation As Copyright Infringement, Alfred C. Yen

Vanderbilt Journal of Entertainment & Technology Law

The newspaper industry has recently experienced economic difficulty. Profits have declined because fewer people read printed versions of newspapers, preferring instead to get their news through so-called "news aggregators" who compile newspaper headlines and provide links to stories posted on newspaper websites. This harms newspaper revenue because news aggregators collect advertising revenue that newspapers used to enjoy.

Some have responded to this problem by advocating the use of copyright to give newspapers the ability to control the use of their stories and headlines by news aggregators. This proposal is controversial, for news aggregators often do not commit copyright infringement. Accordingly, …

Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison

Vanderbilt Journal of Entertainment & Technology Law

The Supreme Court's copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of "romantic authorship" in the 19th and 20th centuries, copyright critiques likewise ask, "Who is creative?" "How should creativity be protected (or not) and encouraged (or not)?" and "Why protect creativity?" Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue that …