Digital Commons Network^™

The National Individual Health Insurance Mandate: Ethics And The Constitution, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Within weeks, after signing the nation’s first comprehensive health insurance reform, twenty states filed lawsuits challenging the constitutionality of the Bill’s most politically charged feature—an individual purchase mandate. If anything, the tax penalty is too low compared with the cost of insurance, so it may not sufficiently incentivize healthy individuals. But it remains deeply controversial because it compels individuals to purchase coverage they choose not to have, raising the question whether Congress can lawfully and ethically require individuals to contract with, and transfer money to, a private party. To be sure, the individual mandate lacks a clear American precedent. (It …

Using Law And Education To Make Human Rights Real In Women’S Real Lives, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Three courses involving gender, human rights and global laws that the author teaches to two different groups (women’s/gender studies and international affairs undergraduates; and law students) demonstrate methods of making international human rights law and principles real to women’s real lives, as both an educational and activist project. By focusing on the linkages between “thinking globally” and “acting locally” in the area of gender and human rights, these courses suggest some ways of to educate and encourage students to actualize human rights laws and principles in their own communities and lives. The topics, methods and materials used in these courses …

National And Global Responsibilities For Health, Lawrence O. Gostin, Mark Heywood, Gorik Ooms, Anand Grover, John-Arne Røttingen, Wang Chenguang

Georgetown Law Faculty Publications and Other Works

Preventable and treatable injuries and diseases are overwhelming sub-Saharan Africa, the Indian subcontinent, and other impoverished areas of the world. Why are health outcomes among the world’s poor so dire after the first decade of the Millennium Development Goals (MDGs) and despite a quadrupling of international health assistance over the past two decades? We believe that this dynamic can change by establishing clearer understandings of, and forging consensus around and governance structures to support, national and global responsibilities to improve global health.

With the goal of a new post-MDG global health paradigm, we are establishing the Joint Action and Learning …

The Joint Action And Learning Initiative On National And Global Responsibilities For Health, Lawrence O. Gostin, Gorik Ooms, Mark Heywood, Just Haffeld, Sigrun Møgedal, John-Arne Røttingen, Eric A. Friedman, Harald Siem

Georgetown Law Faculty Publications and Other Works

A population’s health and wellbeing is primarily a national responsibility. Every state owes all of its inhabitants a comprehensive package of essential health goods and services under its obligations to respect, protect, and fulfill the human right to health. Yet health is also a global responsibility. Every state has a duty to ensure a safe and healthy world, with particular attention to the needs of the world’s poorest people. Improving health and reducing unconscionable health inequalities is both an international obligation under the human right to health and a matter of global social justice.

The mutual obligations of states to …

Rights Talk And Patient Subjectivity: The Role Of Autonomy, Equality And Participation Norms, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Patients themselves have transformed the role of the patient in the health care system, making it far more complex than it ever has been before. As a result, the conceptual root of our contemporary understandings of “patient” is an assumption of autonomous subjectivity, i.e., of an individual aware of and capable of acting on her choices for medical care. The Symposium on Patient-Centered Health Law and Ethics of which this Article is a part considers the most recent stage in this evolution of meanings: the concept of patient-centeredness, with its implication of provider deference to the patient’s perspective. Throughout the …

Methodological Challenges In Comparative Constitutional Law, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

My talk today, Methodological Challenges in Comparative Constitutional Law, has two parts. The first part focuses on the relationship between the purposes of comparison and the methodological challenges of comparison. The second part asks whether there are particular methodological challenges in comparative constitutional law as compared with other comparative legal studies.

Opting Out Of The Law Of War: Comments On 'Withdrawing From International Custom', David Luban

Georgetown Law Faculty Publications and Other Works

This paper is a response to Curtis A. Bradley & Mitu Gulati, Withdrawing from International Custom, 120 Yale LJ 202 (2010), which argues against the "Mandatory View" (according to which states are bound by customary international law with no possibility of opting out), and in favor of a "Default View" which permits states to opt out of international custom unilaterally. My response offers the following arguments: (1) Currently, the most significant contested issue about customary international law in U.S. discourse concerns the laws of war -- a topic that Bradley and Gulati treat only briefly and incidentally. Their proposal would …

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned.

The master narrative of child welfare depicts foster care as a haven for child-victims savagely brutalized by “deviant,” “monstrous” parents. …

Eat Smart 4th Grade Week 2 Fruit And Vegetable Kabobs (English & Español), Glenda Canaca

Passport Recipes

No abstract provided.

Start Every Day The Whole Grain Way For Parents - English, Glenda Canaca

Whole Grains

No abstract provided.

Start Every Day The Whole Grain Way For Children- English, Glenda Canaca

Whole Grains

No abstract provided.

Strong Bodies Need Strong Bones - English, Glenda Canaca

Low-Fat Dairy

No abstract provided.

Happy Kids, Happy Tummies - English, Glenda Canaca

Whole Grains

No abstract provided.

Eat Smart 4th Grade Week 6 Colorful 4-Square Quesadillas (English & Español), Glenda Canaca

Passport Recipes

No abstract provided.

They're Still Growing - English, Glenda Canaca

Low-Fat Dairy

No abstract provided.

Eat Smart 5th Grade Week 2 Racy Rice (English & Español), Glenda Canaca

Passport Recipes

No abstract provided.

The Development Of An Artist, Lori Jean Wheeler

Graduate Student Theses, Dissertations, & Professional Papers

The goal of my final creative project was to receive instruction in the area of the visual arts, create a body of work that would be displayed in an art gallery or other appropriate setting, and emerge publicly as an artist. This goal was important to me for two reasons. The first reason was that for many years I had suppressed my own need to create and express myself through art for various reasons: lack of instruction and fear of stepping out of the box and expressing myself creatively. My final creative project has led to an awakening of my …

You Got The Job, Now What?: An Evaluation Of The New Employee Orientation Program At The University Of Montana, Shiloh M. A. Sullivan

Graduate Student Theses, Dissertations, & Professional Papers

When new members begin their employment with an organization, they make a transition from being an outsider to an insider. A significant moment arranged by the organization to facilitate socialization is the New Employee Orientation (NEO). This evaluation examines NEO in relation to the encounter stage of the socialization process. Focusing on what and how information is provided during the NEO program at the University of Montana (UM), this evaluation is based on research of the informational components of Klein and Weaver (2000) and the socialization tactics from Van Maanen and Schein (1979). General conclusions regarding NEO and socialization as …

What Is Orientation In Reality? A Philosophical Exploration Of Technology, Placement, Enchantment And Wonder, Patrick Maurice Burke

Graduate Student Theses, Dissertations, & Professional Papers

This thesis gives an account of the ontological basis of the profound sense of disorientation in contemporary society and attempts to discover through a phenomenological account of orienting experience that which holds the possibility of authentic orientation in reality. Martin Heidegger’s understanding of “being-in-the-world,” the “there” of Dasein, and the epochal revealing of reality as resources in modern technological society is the philosophical backdrop for the thesis. This philosophical foundation is elaborated upon by showing that the challenging-revealing of the real as resources within the “framework” of technology results in the ontological “dis-traction” of reality. This dis-traction pulls apart the …

Population Dynamics Of The Columbia Spotted Frog (Rana Luteiventris): Inference From Long-Term Demography, Rebecca Marie Wahl Mccaffery

Graduate Student Theses, Dissertations, & Professional Papers

Worldwide extinctions of amphibians are at the forefront of the biodiversity crisis, with climate change figuring prominently as a potential driver of continued amphibian decline. Changes in both the mean and variability of climate conditions may affect amphibian populations in complex, unpredictable ways. However, few studies have evaluated effects of climate change on individual vital rates and subsequent population dynamics of amphibians. I investigated the population dynamics of a high elevation population of the Columbia spotted frog (Rana luteiventris) in relation to climate variation over a ten-year period.

I documented an increase in survival and breeding probability as severity of …

Measurements And Predictions Of Subsidence Induced By Soil Consolidation Using Persistent Scatterer Insar And A Hyperbolic Model, Sang-Wan Kim, Shimon Wdowinski, Timothy H. Dixon, Falk Amelung, Jeong W. Kim, Joong-Sun Won

School of Geosciences Faculty and Staff Publications

A space-borne SAR interferometric technique is presented for measuring and predicting ground subsidence associated with soil consolidation. Instead of a conventional constant velocity model, a hyperbolic model is introduced for persistent scatterer SAR interferometry (PSI) processing. Twenty three JERS-1 SAR acquired between 1992 and 1998 were used to measure land subsidence in Mokpo city, Korea which had been primarily built on land reclaimed from the sea. Two subsidence field maps were derived and compared: a constant velocity model and a hyperbolic model. Non-linear components depending on the stage of soil consolidation are well represented by the hyperbolic model. The maximum …

Honor Killings And The Construction Of Gender In Arab Societies, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This Article discusses the regulation and adjudication of honor killings in the Arab world and traces the distributive and disciplinary impact of such regulation/adjudication on Arab men and Arab women's sexuality. In the afterword, the Article outlines the transformative effect of Islamicization of culture in the Arab world in the past twenty years on the practice of honor and killings committed in its name.

Keep Charity Charitable, Brian Galle

Georgetown Law Faculty Publications and Other Works

This Article responds to recent claims, most prominently by Anup Malani, Eric Posner, and Todd Henderson, that much of the work of the charitable sector should be farmed out to for-profit firms. For-profit firms are said to be more efficient because they can offer high-powered incentives to cut costs. I argue, however, that because of the high costs of monitoring and the presence of externalities, low-powered incentives are preferable for firms that produce public goods, as most charities do. Further, allowing some for-profit firms to receive charitable subsidies would raise the cost of producing those goods in government or other …

A Collaborative Process Based Risk Analysis For Information Security Management Systems, Bilge Karabacak, Sevgi Ozkan

All Faculty and Staff Scholarship

Today, many organizations quote intent for ISO/IEC 27001:2005 certification. Also, some organizations are en route to certification or already certified. Certification process requires performing a risk analysis in the specified scope. Risk analysis is a challenging process especially when the topic is information security. Today, a number of methods and tools are available for information security risk analysis. The hard task is to use the best fit for the certification. In this work we have proposed a process based risk analysis method which is suitable for ISO/IEC 27001:2005 certifications. Our risk analysis method allows the participation of staff to the …

Promoting Strengths, Prevention, Empowerment, And Community Change Through Organizational Development: Lessons For Research, Theory, And Practice, Scotney D. Evans, Ora Prilleltensky, Adrine Mckenzie, Isaac Prilleltensky

All Faculty and Staff Scholarship

SPEC Learning and Changing by Doing is a three-year, action research and organizational change project designed to ultimately promote social justice and well-being in the community. SPEC is an acronym that stands for Strengths, Prevention, Empowerment, and Community Change. The project consists of five organizations tackling internal organizational change in order to better promote justice and well-being in their respective constituencies. In this paper we present a formative evaluation of this multicase study of organizational change in human services. This paper contributes to the empirical and theoretical literature on organizational change in the nonprofit human service milieu.

New Governance And The "New Paradigm" Of Police Accountability: A Democratic Approach To Police Reform, Kami Chavis Simmons

Faculty Publications

This Article proposes that policymakers should draw from the emerging New Governance theoretical framework--particularly democratic experimentalism--in order to develop strategies to successfully reform law-enforcement agencies. Modem police departments function like administrative agencies, and as such, they are susceptible to the same deficiencies that traditional agencies experience in other administrative contexts. Given the traditionally insular nature of law-enforcement agencies, the need for political legitimacy in the reform process is amplified in the policing context. Therefore, in order to eliminate patterns of police misconduct and corruption, reform measures should embody characteristics that promote stakeholder participation and local experimentation.

This abstract has been …

How State Supreme Courts Take Consequences Into Account: Toward A State-Centered Understanding Of State Constitutionalism, Neal Devins

Faculty Publications

No abstract provided.

Finding The Middle Ground In Collection Development: How Academic Law Libraries Can Shape Their Collections In Response To The Call For More Practice-Oriented Legal Education, Leslie A. Street, Amanda M. Runyon

Georgetown Law Faculty Publications and Other Works

To examine how academic law libraries can respond to the call for more practice-oriented legal education, the authors compared trends in collection management decisions regarding secondary sources at academic and law firm libraries along with law firm librarians’ perceptions of law school legal research training of new associates.

"The Lawmen Faced The Outlaws, No Badge Upon A Breast:" Historical Memory And The Legacy Of Henry Plummer And The Montana Vigilantes, Melissa Poindexter Thomasma

Graduate Student Theses, Dissertations, & Professional Papers

In the winter of 1863-1864, the Montana vigilantes hanged over twenty men in and around Bannack and Virginia City, including the region's elected sheriff, Henry Plummer. The mob claimed that these men were members of a highly-organized Road Agent Gang. While no evidence of this organization of highwaymen exists, the episode endures in the popular history of Montana; this thesis explores four elements of the legacy of this episode. First, it presents a biography of Henry Plummer and brief summary of the organization and actions of the Vigilance Committee. Second, it establishes an historiography of the episode; it couches the …

“The Season Of Famine” As A Challenge To Food Security In Northern Rural Togo: Addressing Seasonal Hunger Through Household Coping Strategies, Jennifer Gorsegner

Graduate Student Theses, Dissertations, & Professional Papers

Improved understanding about food security has led researchers to develop increasingly holistic approaches to studying the effects of household food insecurity. This research, based in the remote prefecture of Dankpen in Togo, West Africa, presents insights into the lives of rural subsistence farmers, the role of population pressures, and the effectiveness of both international and national development work. Originally I wanted to identify positive deviants who were food secure living in the Dankpen prefecture. I conducted group interviews in five villages surrounding the prefectural capital, Guérin-Kouka in December 2009 and January 2010. There was combined total of 61 men and …