Digital Commons Network^™

Elected Judges And Statutory Interpretation, Aaron-Andrew P. Bruhl, Ethan J. Leib

Faculty Scholarship

This Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the “unified model,” according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approach statutory text in identical ways. There is much to be said for the unified model—and we offer the first systematic defense of it. But the Article also attempts to make the best case for the more controversial but also plausible contrary view: that …

Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin

Scholarly Works

Beekeeping’s popularity has surged in recent years, perhaps culminating in the introduction of the first ever White House bee hive. Local Apiaries provide a wide variety of benefits to communities, ranging from pollination services for gardens to producing honey that can be used in a wide array of foods and products. Apiaries are not always welcome in a community, however, perhaps because of their potential to cause a nuisance, or to harm crops or people. Although beekeeping regulation implicates both state and federal concerns a number of localities have developed unique and practical regulations that promote backyard beekeeping, while maximizing …

Land Use Regulation: It Just Gets Worse, Michael Lewyn

Scholarly Works

Some commentators treat suburban sprawl (by which I mean automobile-dependent land development) as the result of the free market at work. This article reviews City Rules, by urban planning professor Emily Talen. In this book, Talen shows not only how zoning and similar land use regulations generate automobile-dependent suburban sprawl, but also how these regulations have become stricter, more pro-sprawl, and more complex over time. Talen proposes to reform these regulations through municipal codes that promote more walkable, less automobile-dependent development.

Two Cheers For Instant Runoff Voting, Michael Lewyn

Scholarly Works

"Instant runoff voting" (IRV) is a system that allows voters to rank their choices in a multicandidate election. Thus, the second-choice voters of less successful candidates are redistributed to the front-runners. The purpose of this system is to prevent candidates opposed by a majority of voters from winning. For example, if candidates A and B each have 40 percent of the vote and candidate C has 20 percent, the front-runner supported by the majority of C's supporters is the true "majority choice" and will win under IRV. The purpose of this article is to critically examine the arguments for and …

A Heretical View Of Teaching: A Contrarian Looks At Teaching, The Carnegie Report And Best Practices, Gary Shaw

Scholarly Works

This article takes a position contrary to those of the Carnegie Foundation for the Advancement of Teaching Report, Educating Lawyers and Best Practices for Legal Education. It argues that much of the harm those reports attribute to Socratic dialogue is misguided— that the problems that arise are a result ofbad teaching technique rather than any flaw intrinsic in Socratic dialogue. It then goes on to argue that because many of the problems the two reports are trying to address are due to poor teaching rather than the Socratic dialogue, the reports’ recommendations cannot achieve the results hoped for. Current law …

Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder

Scholarly Works

While human rights law in its current form is less than fifty years old, the issues that it grapples with are much, much older. People oftentimes dismiss religion or religious norms as being out of date, close-minded, or old-fashioned, and label religious views as discriminatory in theory or even in practice. In reality, religions have been dealing with human rights issues since ancient times, and in some ways have laid the groundwork for the very modern discussions that have supplanted them. The answers that religions give, therefore, deserve at the very least a careful and respectful analysis before they are …

Malaria And Related Outcomes In Patients With Intestinal Helminths: A Cross-Sectional Study, Abraham Degarege, Mengistu Legesse, Girmay Medhin, Abebe Animut, Berhanu Erko

Journal Articles: Epidemiology

BACKGROUND: The effects of helminth co-infection on malaria in humans remain uncertain. This study aimed to evaluate the nature of association of intestinal helminths with prevalence and clinical outcomes of Plasmodium infection.

METHODS: A cross-sectional study involving 1,065 malaria suspected febrile patients was conducted at Dore Bafeno Health Center, Southern Ethiopia, from December 2010 to February 2011. Plasmodium and intestinal helminth infections were diagnosed using Giemsa-stained blood films and Kato-Katz technique, respectively. Haemoglobin level was determined using a haemocue machine.

RESULTS: Among 1,065 malaria suspected febrile patients, 28.8% were positive for Plasmodium parasites (P. falciparum =13.0%, P. vivax =14.5%, P. …

Corporate Governance, Corporate And Employment Law, And The Costs Of Expropriation, Giulio Ecchia, Martin Gelter, Piero Pasotti

Faculty Scholarship

We set up a model to study how ownership structure, corporate law and employment law interact to set the incentives that infl uence the decision by the large shareholder or manager effectively controlling the fi rm to divert resources from minority shareholders and employees. We suggest that agency problems between the controller and other investors and holdup problems between shareholders and employees are connected if the controller bears private costs of “expropriating” these groups. Corporate law and employment law may therefore somethimes be substitutes; employees may benefi t from better corporate law intended to protect minority shareholder, and vice versa. …

Why Do Shareholder Derivative Suits Remain Rare In Continental Europe?, Martin Gelter

Faculty Scholarship

No abstract provided.

Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent

Faculty Scholarship

This Article takes on a question at the heart of the longstanding Israeli-Palestinian dispute: did Israel violate international law during the conflict of 1947-49 either by expelling Palestinian civilians or by subsequently refusing to repatriate Palestinian refugees? Palestinians have claimed that Israel engaged in illegal ethnic cleansing, and that international law provides a "right of return" for the refugees displaced during what they call al-Nakbah (the catastrophe). Israel has disagreed, blaming Arab aggression and unilateral decisions by Arab inhabitants for the refugees' flight, and asserting that international law provides no right of the refugees to return to Israel. Each side …

Rethinking Lawyer Regulation: How A Relational Approach Would Improve Professional Rules And Roles, Russell G. Pearce, Eli G. Wald

Faculty Scholarship

This Article offers both a way to understand emerging developments in the regulation of the legal profession in the United States and internationally, and an explanation for why these developments grounded in a relational perspective on lawyers and their work are likely to be more effective in encouraging lawyers to follow the legal ethics rules and to fulfill professional aspirations. The dominant United States approach to lawyer regulation is the command and control model that penalizes lawyers for failing to follow a lengthy set of prescribed rules. As the article explains, this approach assumes – and reinforces the idea – …

Religious Consumers And Institutional Challenges To American Public Schools, Aaron J. Saiger

Faculty Scholarship

The paradigm of American K–12 education is shifting as the institution of local educational polities, each responsible for own its 'common schools,' faces competition from programs of school choice. Although charter schools and related reforms are generally studied in terms of quality and equity, the rise of consumer sovereignty as an alternative to political sovereignty as an organizing principle for educational governance has much wider ramifications. Paradigms of choice have already begun dramatically to alter religious education and its relationship to public schooling. Moreover, because these paradigms rely upon consumer preferences and the aggregation of those preferences by markets, the …

Does The Stock Market's Equity Risk Premium Respond To Consumer Confidence Or Is It The Other Way Around?, Abdur Chowdhury, Barry K. Mendelson

Economics Faculty Research and Publications

The increase in the equity risk premium during the 2007- 2009 Great Recession and the aging of the baby boomers in the United States have led analysts and financial industry experts to believe that risk aversion among stock investors has moved to a more-permanently higher range. If so, stocks would cease being an attractive asset class to be investing in for the future. In the past few years private investors have by and large shunned equities, just when stocks have become attractively priced and offer long-term potential for superior above-historical-average returns. Our empirical findings show that the recent increase in …

Law Review Scholarship In The Eyes Of The Twenty-First Century Supreme Court Justices: An Empirical Analysis, Brent Newton

Georgetown Law Faculty Publications and Other Works

An analysis of the twenty-first century Justices’ citations of law review scholarship—how often they cite articles, the professional identities of authors of the cited articles, and the rankings of the law reviews in which the cited articles appear—provides an excellent prism through which to assess today’s law reviews. In addition to having had varied and rich legal careers as practitioners, policy-makers, and lower court judges, the majority of the current Justices were, at earlier points in their careers, full-time law professors. Presumably, the Justices are able to separate the wheat from the chaff in the law reviews. The present study …

Factors Relating To Hpv Behaviors Of Female College Students, Nicole Rachael Peritore

Theses and Dissertations--Kinesiology and Health Promotion

This study examined the knowledge, sources of information, reasons for and against Gardasil® uptake, and possible relationships between unhealthy behaviors and vaccination for undergraduate college females at a public university. Utilizing an online survey, 2400 random students were emailed as well as recruited through online classes. The final sample size was 516 females. The study determined how many participants had been vaccinated and their rationale for or against vaccination. The majority of study participants were knowledgeable about HPV and Gardasil®. The primary sources of information about HPV and Gardasil® were doctors and television; however parents and friends were also common …

Energy Drink Consumption (With And Without Alcohol) And Its Relationship To Risky Behavior, Risk Awareness, And Behavioral Intention In College Students, Julia K. Buchanan

Theses and Dissertations--Kinesiology and Health Promotion

The purpose of this study was to assess the relationships between energy drink consumption (with and without alcohol) and other risky behaviors; students’ overall awareness level of the risks for consuming energy drinks; and overall behavioral intention to consume energy drinks among college students at the University of Kentucky. A total of 277 students enrolled during the Spring 2012 semester responded to the online survey, 46.5% (n=129) of which were considered energy drink users. Students classified as energy drink users participated in other risky behaviors more often than non-users (p=0.001). In addition, energy drink users exhibited a higher …

Relationships Of Access And Affordability To Household Food Security Status Among Rural, Low Income Caregivers, Jodi Elaine Marani

Theses and Dissertations--Kinesiology and Health Promotion

Household food security status in rural areas is a significant issue facing caregivers as positive health outcomes depend on appropriate access to healthy foods necessary to lead an active life. Access and affordability of healthy foods are two mediating factors of household food security that may be improved to ultimately increase rates of food security and overall health status among rural, low income populations.

The purpose of the study was to examine the factors of access and affordability of nutritionally adequate food sources in one rural community in relation to food security status through the perspective of its caregivers. In …

Physical Activity, Sleep Patterns, And Health Outcomes In University Law Enforcement Officers, Nicole C. Koebke

Theses and Dissertations--Kinesiology and Health Promotion

Research indicates that law enforcement officers (LEOs) have a higher prevalence of developing coronary artery disease (CAD) compared to the general population. Sleep deprivation and physical inactivity have been found to be related to many risk factors for CAD. This cross-sectional study examined the health status and the relationship between sleep and physical activity outcomes versus CAD risk factors among 27 University LEOs. The subjects’ health behaviors, and CAD and metabolic syndrome risk factors were described using basic statistics. Accelerometer derived sleep and physical activity outcomes were correlated to measures of health to identify potential relationships. 33% of LEOs were …

The Impact Of Maternal Smoking In Kentucky And Effect Of The Giving Infants And Families Tobacco-Free Starts Pilot Project On Smoking Cessation And Birth Outcomes, Joyce Madeline Robl

Theses and Dissertations--Kinesiology and Health Promotion

Smoking during pregnancy remains a significant public health issue despite knowledge about the adverse maternal and fetal health effects. This research had six purposes: identifying effective smoking cessation strategies for low income pregnant women; identifying characteristics of Kentucky women who smoke during pregnancy; estimating the role of smoking on birth outcomes in Kentucky; exploring the impact of tobacco reduction on birth outcomes; identifying the characteristics of women participating in the Giving Infants and Families Tobacco-free Starts (GIFTS) pilot program; and evaluating the impact of GIFTS on smoking status and birth outcomes.

Seven randomized controlled trials targeting low income women with …

From Goods To A Good Life: Intellectual Property And Global Justice, Madhavi Sunder

Georgetown Law Faculty Publications and Other Works

Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book Madhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in …

Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …

The Battle Over Taxing Offshore Accounts, Itai Grinberg

Georgetown Law Faculty Publications and Other Works

The international tax system is in the midst of a contest between automatic information reporting and anonymous withholding models for ensuring that nations have the ability to tax offshore accounts. At stake is the extent of many countries’ capacity to tax investment income of individuals and profits of closely held businesses through an income tax in an increasingly financially integrated world.

Incongruent initiatives of the European Union, the Organisation for Economic Cooperation and Development (OECD), Switzerland, and the United States together represent an emerging international regime in which financial institutions act to facilitate countries’ ability to tax their residents’ offshore …

Historic Preservation And Its Cultured Despisers: Reflections On The Contemporary Role Of Preservation Law In Urban Development, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The past years have seen widely noticed critiques of historic preservation by “one of our leading urban economists,” Edward Glaeser, and by star architect Rem Koolhaas. Glaeser, an academic economist specializing in urban development, admits that preservation has value. But he argues in his invigorating book, Triumph of the City, and in a contemporaneous article, Preservation Follies, that historic preservation restricts too much development, raises prices, and undermines the vitality of the cities. Koolhaas is a Pritzker Prize-winning architect and oracular theorist of the relation between architecture and culture. In his New York exhibit, Cronocaos, he argued …

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Georgetown Law Faculty Publications and Other Works

Douglas NeJaime's Cause Lawyers Inside the State is a significant contribution to our understanding of cause lawyers. Most basically, NeJaime calls attention to a remarkably neglected topic: cause lawyers who work in the state rather than in public interest firms, law school clinics, or other non-governmental organizations (NGOs). His analysis undermines a narrative that students of cause lawyering too often presuppose: that to be a cause lawyer means standing outside the state, and usually in opposition to it. Almost by definition, a "cause" exists because the dominant institutions of society have failed to represent the interests and ideas of some …

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Georgetown Law Faculty Publications and Other Works

A significant and growing portion of the United States population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. …

The Impact Of Multimedia Technology On Candidate Website Visitors, Michael Parkin

Faculty & Staff Scholarship

Candidate websites have become a standard part of contemporary campaigns, yet researchers and practitioners know little about how their design affects voters. This article investigates how the decision to present information with multimedia (i.e., audio and=or video) influences the evaluations and vote intentions of candidate website visitors. Results from an experiment show that using multimedia had a modest net benefit resulting from conditional reactions based on participants’ party identification and political interest— the candidate’s partisan supporters reacted positively while nonsupporters, particularly those with limited political interest, were less impressed. These findings provide some initial empirical evidence of the impact that …

Tropical Medicine Training In The Department Of Defense, Rodney L. Coldren, David Brett-Major, Patrick W. Hickey, Eric Garges, Peter J. Weina, Paula Corrigan, Gerald Quinnan

Journal Articles: Epidemiology

No abstract provided.

Bs News January/February

Building Services Engineering

No abstract provided.

The Mediation Export Explosion And The ‘Hidden’ Drive Towards Harmonisation, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the importance of harmonising the law and practice of mediation internationally is discussed.

Laws, Institutions And Transboundary Pasture Management In The High Pamir And Pamir-Alai Mountain Ecosystem Of Central Asia, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Enhanced rangeland governance is a priority for the governments of the post-Soviet Central Asian states of the Kyrgyz Republic and Tajikistan. Major transitional challenges confront the newly independent states of Central Asia. These challenges include the withdrawal of subsidies previously provided by the centralised Soviet government; moves towards privatisation and the conversion of administrative boundaries to international boundaries. In this context transboundary approaches to rangeland management are essential. This paper highlights the challenges for effective pasture management in the Pamir, Pamir-Alai ecosystem; the inadequacies of pasture-related legal instruments and the absence of institutions for the implementation of these instruments. Transboundary …