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The New Habeas Revisionism, Stephen I. Vladeck

Scholarly Articles in Law Reviews & Journals

There is relatively little in the Constitution’s drafting history or ratification debates to illuminate the intended meaning of the Suspension Clause, and what it specifically protects by preserving “the Privilege of the writ of Habeas Corpus” except in cases where habeas is properly suspended. Most jurists and commentators at least seem to agree on the constitutional floor - that, as Justice Stevens put it in 2001, “at the absolute minimum, the Suspension Clause protects the writ ‘as it existed in 1789.’” But even that limited point of consensus only begs a separate question: what was the scope of the writ …

Lawfare: A War Worth Fighting, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Re-Locating Recycling: A Contextual Analysis Of Recycling Behavior In The Usa And Germany, Tsai-Shiou Hsieh

Dissertations, Theses, and Capstone Projects

While recycling remains a common research topic within environmentally responsible behavior studies, it is little known how contextual factors such as physical environments, social interactions, and cultural backgrounds influence people's attitudes and behavior. This research adopts an ecological framework and conducts a mixed-method qualitative inquiry of whether and how relocation has impacts on people's ecological thinking and behavior in their everyday life. Semi-structured interviews were conducted within two groups of people: Americans who moved to Munich and Germans who moved to New York City. Interviews were conducted in participants' homes or workplaces. Pictures were taken inside the apartments, in common …

The United States Of The World: Human Rights, Political Entrepreneurship, And U.S. Foreign Policy Via Affective And Rational Politics, Marriah Star

Dissertations, Theses, and Capstone Projects

This study examines how Political Entrepreneurs in the United States Congress responded to human rights abuses in six countries during the 1970s and 1980s: Cambodia, El Salvador, South Africa, the Soviet Union, Taiwan, and Uganda. It presents a four-point model for approaching the study of United States human rights policy. The key element in all the cases is bonding social capital, also called affective politics. American policy towards the Soviet Union and Uganda both demonstrate the integration of international, transnational, and domestic politics. Taiwan receives special attention because U.S. Taiwan policy continues to exemplify the integration of international relations, transnational …

Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Activated Sludge And Other Aerobic Suspended Culture Processes, Charles J. Moretti, Dipesh Das, Brian T. Kistner, Harvey Gullicks, Yung Tse Hung

Civil and Environmental Engineering Faculty Publications

© 2011 by the authors. A review of the literature published in 2008, 2009 and 2010 relating to activated sludge treatment of wastewater is presented. The review considers information on the topics of modeling and kinetics; process microbiology; nitrogen and phosphorus removal; treatment and effects of xenobiotics; oxygen transfer; and solids separation.

Special Issue On Plenary And Invited Papers From Icops 2010, Ravi P. Joshi, Xinpei Lu, Yukinori Sakiyama

Electrical & Computer Engineering Faculty Publications

HE 37th IEEE International Conference on Plasma Science (ICOPS) was held in Norfolk, VA, from June 20 to June 24, 2010. The technical program combined seven technical-related areas of plasma science and a range of diverse topics. A total of 562 abstracts from 37 countries were accepted, and the technical program included four plenary talks. There were 217 oral and 345 poster presentations. The plenary talks were given by Prof. L. Boufendi on Dusty Plasmas, Prof. E. Kunhardt on Non-Equilibrium Plasma Sources, Dr. K. S. Budil on High Energy Density Physics, and Dr. M. Thumm on the use of gyrotrons …

Coupled Photonic Crystal Micro-Cavities With Ultra-Low Threshold Power For Stiumulated Raman Scattering, Qiang Liu, Zhengbiao Ouyang, Sacharia Albin

Electrical & Computer Engineering Faculty Publications

We propose coupled cavities to realize a strong enhancement of the Raman scattering. Five sub cavities are embedded in the photonic crystals. Simulations through finite-difference time-domain (FDTD) method demonstrate that one cavity, which is used to propagate the pump beam at the optical-communication wavelength, has a Q factor as high as 1.254 × 10⁸ and modal volume as small as 0.03μm³ (0.3192(λ/n)³). These parameters result in ultra-small threshold lasing power ~17.7nW and 2.58nW for Stokes and anti-Stokes respectively. The cavities are designed to support the required Stokes and anti-Stokes modal spacing in silicon. The proposed structure …

Bcc Skin Cancer Diagnosis Based On Texture Analysis Techniques, Shao-Hui Chuang, Xiaoyan Sun, Wen-Yu Chang, Gwo-Shing Chen, Adam Huang, Jiang Li, Frederic D. Mckenzie

Electrical & Computer Engineering Faculty Publications

In this paper, we present a texture analysis based method for diagnosing the Basal Cell Carcinoma (BCC) skin cancer using optical images taken from the suspicious skin regions. We first extracted the Run Length Matrix and Haralick texture features from the images and used a feature selection algorithm to identify the most effective feature set for the diagnosis. We then utilized a Multi-Layer Perceptron (MLP) classifier to classify the images to BCC or normal cases. Experiments showed that detecting BCC cancer based on optical images is feasible. The best sensitivity and specificity we achieved on our data set were 94% …

Prediction Of Brain Tumor Progression Using Multiple Histogram Matched Mri Scans, Debrup Banerjee, Loc Tran, Jiang Li, Yuzhong Shen, Frederic Mckenzie, Jihong Wang, Ronald M. Summers (Ed.), Bram Van Ginneken (Ed.)

Electrical & Computer Engineering Faculty Publications

In a recent study [1], we investigated the feasibility of predicting brain tumor progression based on multiple MRI series and we tested our methods on seven patients' MRI images scanned at three consecutive visits A, B and C. Experimental results showed that it is feasible to predict tumor progression from visit A to visit C using a model trained by the information from visit A to visit B. However, the trained model failed when we tried to predict tumor progression from visit B to visit C, though it is clinically more important. Upon a closer look at the MRI scans …

Histogram Analysis Of Adc In Brain Tumor Patients, Debrup Banerjee, Jihong Wang, Jiang Li, Norbert J. Pelc (Ed.), Ehsan Samei (Ed.), Robert M. Nishikawa (Ed.)

Electrical & Computer Engineering Faculty Publications

At various stage of progression, most brain tumors are not homogenous. In this presentation, we retrospectively studied the distribution of ADC values inside tumor volume during the course of tumor treatment and progression for a selective group of patients who underwent an anti-VEGF trial. Complete MRI studies were obtained for this selected group of patients including pre- and multiple follow-up, post-treatment imaging studies. In each MRI imaging study, multiple scan series were obtained as a standard protocol which includes T1, T2, T1-post contrast, FLAIR and DTI derived images (ADC, FA etc.) for each visit. All scan series (T1, T2, FLAIR, …

On The Visual Quality Enhancement Of Super-Resolution Images, Amr Hussein Yousef, Jiang Li, Mohammad Karim, Andrew G. Tescher (Ed.)

Electrical & Computer Engineering Faculty Publications

Super-resolution (SR) is the process of obtaining a higher resolution image from a set of lower resolution (LR) blurred and noisy images. One may, then, envision a scenario where a set of LR images is acquired with a sensor on a moving platform. In such a case, an SR image can be reconstructed in an area of sufficient overlap between the LR images which generally have a relative shift with respect to each other by subpixel amounts. The visual quality of the SR image is affected by many factors such as the optics blur, the inherent signalto- noise ratio of …

2d Face Database Diversification Based On 3d Face Modeling, Qun Wang, Jiang Li, Vijayan K. Asari, Mohammad A. Karim, Manuel Filipe Costa (Ed.)

Electrical & Computer Engineering Faculty Publications

Pose and illumination are identified as major problems in 2D face recognition (FR). It has been theoretically proven that the more diversified instances in the training phase, the more accurate and adaptable the FR system appears to be. Based on this common awareness, researchers have developed a large number of photographic face databases to meet the demand for data training purposes. In this paper, we propose a novel scheme for 2D face database diversification based on 3D face modeling and computer graphics techniques, which supplies augmented variances of pose and illumination. Based on the existing samples from identical individuals of …

Marine Buoy Detection Using Circular Hough Transform, Loc Tran, Justin Selfridge, Gene Hou, Jiang Li

Electrical & Computer Engineering Faculty Publications

A low cost method for buoy detection in maritime settings is presented using inexpensive digital cameras. In this method, the circular Hough transform is applied to an edge image to circular objects in the image. The center of these circles will signify the locations of each buoy. The known color information of the buoys is also used to enhance the performance by removing false detections. The algorithm is compared to an approach that locates buoys purely on color information. In order to validate the method, we test the approach synthetically and also with real images captured from a small surface …

3d Face Reconstruction From Limited Images Based On Differential Evolution, Qun Wang, Jiang Li, Vijayan K. Asari, Mohammad A. Karim, Andrew G. Tescher (Ed.)

Electrical & Computer Engineering Faculty Publications

3D face modeling has been one of the greatest challenges for researchers in computer graphics for many years. Various methods have been used to model the shape and texture of faces under varying illumination and pose conditions from a single given image. In this paper, we propose a novel method for the 3D face synthesis and reconstruction by using a simple and efficient global optimizer. A 3D-2D matching algorithm which employs the integration of the 3D morphable model (3DMM) and the differential evolution (DE) algorithm is addressed. In 3DMM, the estimation process of fitting shape and texture information into 2D …

Coming Clean And Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing?, Michael W. Toffel, Jodi Short

Georgetown Law Faculty Publications and Other Works

Administrative agencies are increasingly establishing voluntary self-reporting programs both as an investigative tool and to encourage regulated firms to commit to policing themselves. We investigate whether self-reporting can reliably indicate effective self-policing efforts that might provide opportunities for enforcement efficiencies. We find that regulators used self-reports of legal violations as a heuristic for identifying firms that are effectively policing their own operations, shifting enforcement resources away from voluntary disclosers. We also find that firms that voluntarily disclosed regulatory violations and committed to self-policing improved their regulatory compliance and environmental performance, suggesting that the enforcement relief they received was warranted. Collectively, …

Law As Asymmetric Information: Theory, Application, And Results In The Context Of Foreign Direct Investment In Real Estate, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

In his seminal 1970 article on lemon markets, George Akerlof posited the possibility of market failure in the presence of asymmetric information regarding a good’s value. In the intervening four decades, the importance of accurate valuation information has grown as transnational trade has boomed. The aim of the instant article is to assess the potential impact on transnational trade of asymmetric information regarding the legal attributes of a given good. Inaccurate or asymmetric information regarding relevant legal attributes may give rise to the same problem of market failure that Akerlof initially posited. If buyers are unsure of the ownership of …

Democracy Promotion In The Obama Administration: An Opportunity To Match Action To Rhetoric, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of …

Risk Taking And Force Protection, David Luban

Georgetown Law Faculty Publications and Other Works

This paper addresses two questions about the morality of warfare: (1) how much risk must soldiers take to minimize unintended civilian casualties caused by their own actions (“collateral damage”), and (2) whether it is the same for the enemy's civilians as for one's own.

The questions take on special importance in warfare where one side is able to attack the other side from a safe distance, but at the cost of civilian lives, while safeguarding civilians may require soldiers to take precautions that expose them to greater risk. In a well-known article, Asa Kasher and Amos Yadlin argue that while …

Doing Too Much: The Standard Deduction And The Conflict Between Progressivity And Simplification, John R. Brooks

Georgetown Law Faculty Publications and Other Works

In U.S. federal income tax, the standard deduction, along with the personal exemptions, provides taxpayers with a minimum amount of untaxed income, effectively creating a "zero bracket amount." For historical and political reasons, however, the standard deduction also operates as a simplified substitute for the itemized deductions, such as the deductions for extraordinary medical expenses, charitable contributions, and home mortgage interest. This seemingly reasonable compromise in fact leads to substantial, and surprising, conceptual complexity. In particular, close analysis of each of the two roles shows that their effects, and related criticisms, are often contradictory, which in turn makes it difficult, …

Health Insurance Reform And Intimations Of Citizenship, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This article considers the implications of the Patient Protection and Affordable Care Act (PPACA) for social meanings of civic belonging in American society and for possible new forms of individual engagement with the health care system. Once fully implemented, PPACA will have many of the governance characteristics of other social insurance systems, in that it will define membership in a collective undertaking, establish a mechanism for collective security against a shared risk, and channel, incentivize and penalize specific behaviors. The article considers the extent to which PPACA has the potential to also produce new narratives and understandings of social solidarity …

The Anti-Empathic Turn, Robin West

Georgetown Law Faculty Publications and Other Works

Justice, according to a broad consensus of our greatest twentieth century judges, requires a particular kind of moral judgment, and that moral judgment requires, among much else, empathy–the ability to understand not just the situation but also the perspective of litigants on warring sides of a lawsuit.

Excellent judging requires empathic excellence. Empathic understanding is, in some measure, an acquired skill as well as, in part, a natural ability. Some people do it well; some, not so well. Again, this has long been understood, and has been long argued, particularly, although not exclusively, by some of our most admired judges …

The Post-Citizens United Fantasy-Land, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

First, a bouquet for the illuminating facts presented by Professors Wert, Gaddie, and Bullock. They make dramatically clear how minuscule independent spending by corporate PACs has been (that is, those PACs’ direct spending as distinct from support by those PACs or their corporate sponsors for spending by intermediaries like the Chamber of Commerce). Their showing is borne out by experience this year: corporate support for campaigns is almost all hidden, flowing through intermediaries, which is why getting effective disclosure is more important than ever, as the Court clearly recognizes (We probably owe much to Justice Kennedy for the fact that …

The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of …

The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

It is hard to foresee much happiness in the lot of those seeking the original meaning of the Religion Clauses. We may acknowledge the opacity of the historical record, the variety of viewpoints held by founders forgotten and non-forgotten, the humanness of the founders who did not always practice what they preached, even the basic indeterminancy of language; still, we are seduced by the siren song of interpretive certainty. But the search for greater clarity is not without its payoff. As the three books under review here illustrate, the more we look for answers in the historical record, the more …

Towards Symmetry In The Law Of Branding, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.

Scary Monsters: Hybrids, Mashups, And Other Illegitimate Children, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Human creativity, like human reproduction, always makes new out of old in ways that copyright law has not fully recognized. The genre of vidding, a type of remix made mostly by women, demonstrates how creativity can be disruptive, and how that disruptiveness is often tied to ideas about sex and gender. The most frightening of our modern creations—the Frankenstein’s monsters that seem most appropriative and uncanny in light of old copyright doctrine—are good indicators of what our next generation of creativity may look like, especially if creators’ diversity in gender, race, and economic background is taken into account.

Tragic Rights: The Rights Critique In The Age Of Obama, Robin West

Georgetown Law Faculty Publications and Other Works

This article discusses the absence of the Rights Critique in the modern era, and its impact on the current formulation of rights in America. The three-pronged rights critique-–that U.S. constitutional rights politically insulate and valorize subordination, legitimate and thus perpetrate greater injustices than they address, and socially alienate us from community--was nearly ubiquitous in the 1980s. Since that time, it has largely disappeared, which in this author’s view is an unfortunate development.

The rights critique continues to be relevant today, because Obama-era rights continue to subordinate, legitimate, and alienate. However, these rights do more than just exaggerate the pathologies of …

Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Words are the prototypical regulatory subjects for trademark and advertising law, despite our increasingly audiovisual economy. This word-focused baseline means that the Lanham Act often misconceives its object, resulting in confusion and incoherence. This Article explores some of the ways courts have attempted to fit images into a word-centric model, while not fully recognizing the particular ways in which images make meaning in trademark and other forms of advertising. While problems interpreting images are likely to persist, this Article suggests some ways in which courts could pay closer attention to the special features of images as compared to words.

Grabbing The Bullcoming By The Horns: How The Supreme Court Could Have Used Bullcoming V. New Mexico To Clarify Confrontation Clause Requirements For Csi-Type Reports, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

In the pilot episode of the hit television show CSI, Grissom says to Warrick: "Concentrate on what cannot lie. The evidence." Although Grissom is a beloved figure in U.S. popular culture, the U.S. is currently unwilling to accept that evidence never lies. In stark contrast to Grissom's statement, the common law has a long history of allowing criminal defendants to cross-examine and question witnesses providing evidence against them. The right to confront an accusatory witness is reflected in the historical legal documents of Great Britain, in Shakespearean writing, and even in the Bible. In the United States, the right to …