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2012

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Invisible Cities In Europe, Nicola Fernanda Jan 2012

Invisible Cities In Europe, Nicola Fernanda

Fordham International Law Journal

No abstract provided.


The Growth Of Social Media Norms And The Governments' Attempts At Regulation, Alexandra Paslawsky Jan 2012

The Growth Of Social Media Norms And The Governments' Attempts At Regulation, Alexandra Paslawsky

Fordham International Law Journal

No abstract provided.


A Critical Linkage The Role Of German Constitutional Law In The European Economic Crisis And The Future Of The Eurozone, Jared Curzan Jan 2012

A Critical Linkage The Role Of German Constitutional Law In The European Economic Crisis And The Future Of The Eurozone, Jared Curzan

Fordham International Law Journal

No abstract provided.


A Step In The Wrong Direction- Increasing Restrictions On Foreign Rural Land And Acquisition In Brazil, Jessica Ball Jan 2012

A Step In The Wrong Direction- Increasing Restrictions On Foreign Rural Land And Acquisition In Brazil, Jessica Ball

Fordham International Law Journal

No abstract provided.


Employment Discrimination Faced By The Immigrant Worker- A Lesson From The United States And South Africa, Sean M. Henegham Jan 2012

Employment Discrimination Faced By The Immigrant Worker- A Lesson From The United States And South Africa, Sean M. Henegham

Fordham International Law Journal

No abstract provided.


Advancing Human Rights And Equality- Assessing The Role Of Commissions In The Uk And Ireland, Colin Harvey, Sarah Spencer Jan 2012

Advancing Human Rights And Equality- Assessing The Role Of Commissions In The Uk And Ireland, Colin Harvey, Sarah Spencer

Fordham International Law Journal

No abstract provided.


This Land Is My Land- Protecting The Security Of Tenure In Post-Earthquake Haiti, Rebecca Iwerks Jan 2012

This Land Is My Land- Protecting The Security Of Tenure In Post-Earthquake Haiti, Rebecca Iwerks

Fordham International Law Journal

No abstract provided.


2012 Scholarly Productivity Report, Missouri University Of Science And Technology Jan 2012

2012 Scholarly Productivity Report, Missouri University Of Science And Technology

Civil, Architectural and Environmental Engineering Scholarly Productivity Reports

No abstract provided.


Anomalous Wave Dispersion In The Cyclohexanedione-Bromate Chemical Oscillator, Ryan Boger Jan 2012

Anomalous Wave Dispersion In The Cyclohexanedione-Bromate Chemical Oscillator, Ryan Boger

Graduate Student Theses, Dissertations, & Professional Papers

A modified six-variable Oregonator model presented here successfully reproduces a significant portion of the behavior observed in the Ferroin-catalyzed cyclohexanedione variant of the Belousov-Zhabotinsky (CHD-BZ) reaction. The phenomena of anomalous velocity dispersion (in which following waves may catch up to, rather than fall behind an initial excitation wave), wave-stacking, and backfiring have been successfully reproduced numerically as resulting from non-monotonic [Br-] decay to the steady state in the wake of an excitation pulse. The non-monotonic decay is seen as a "dip" in [Br-] following the passage of a chemical wave. This dip in [Br-] decay curve allows a following wave …


Explanatory Style As A Protective Factor For Victimized Lgbt Adolescents, Lauri Mae Lindquist Jan 2012

Explanatory Style As A Protective Factor For Victimized Lgbt Adolescents, Lauri Mae Lindquist

Graduate Student Theses, Dissertations, & Professional Papers

Comprised of the attributions one makes about negative life events, explanatory style (ES) can be conceptualized as either negative (attributing adverse events as due to internal, global, and stable causes) or positive (attributing events to external, specific, and transient causes). A negative ES has been associated with higher levels of depression, whereas a positive ES may provide resilience from depression, as shown in previous research on the general population. However, research on ES has yet to extend to a sexual minority population. Sexual minority adolescents report higher levels of depressive symptoms than do their heterosexual peers, likely due to the …


Exploring Visitor Experiences Along The Going-To-The-Sun Corridor Of Glacier National Park, Elena Nikolaeva Jan 2012

Exploring Visitor Experiences Along The Going-To-The-Sun Corridor Of Glacier National Park, Elena Nikolaeva

Graduate Student Theses, Dissertations, & Professional Papers

Visitor use on the Going-to-the-Sun Road (GTSR) corridor is one of the most critical issues that Glacier National Park faces. According to the park’s General Management Plan, it should be addressed to safeguard the quality of park resources and the visitor experiences. 80% of park visitors travel along at least some part of the road, which is the primary park experience and one of the most spectacular highlights of the park. The road was built in early 1930, and now brings almost 2 million visitors annually into the heart of Glacier NP. Increased number of cars on this narrow historic …


Role Of Alloy Additions On Strengthening In 17-4 Ph Stainless Steel, Arpana S. Murthy Jan 2012

Role Of Alloy Additions On Strengthening In 17-4 Ph Stainless Steel, Arpana S. Murthy

Doctoral Dissertations

"Alloy modifications by addition of niobium (Nb ), vanadium (V), nitrogen (N) and cobalt (Co) to cast 17-4 PH steel were investigated to determine the effect on mechanical properties. Additions of Nb, V, and N increased the yield strength from 1120 MPa to 1310 MPa while decreased the room temperature charpy V notch (CVN) toughness from 20 J to four Joules. The addition of Co to cast 17-4 PH steel enhanced the yield strength and CVN toughness from 1140 MPa to 1290 MPa and from 3.7 J to 5.5 J, respectively. In the base 17-4 PH steel, an increase in …


Spare Some Change?: The Policing Of Shelter-Resistant Homeless In Missoula, Montana, Jacob Daniel Coolidge Jan 2012

Spare Some Change?: The Policing Of Shelter-Resistant Homeless In Missoula, Montana, Jacob Daniel Coolidge

Graduate Student Theses, Dissertations, & Professional Papers

Homelessness rates in the United States have continually increased over the past thirty years. The financial crisis of 2008 has created a ripple effect of unemployment, foreclosures, and an increased presence of homelessness in cities across the country. This increased presence of homelessness has created challenges for service providers and local governments across the country. Many cities, including New York, Los Angeles, and San Francisco have implanted “Quality of Life” ordinances that criminalize certain facets of homeless life. Missoula, Montana has not been impervious to this trend and has a unique labor market that exaggerates the presence of poverty. In …


Congressional Inquiry And The Federal Criminal Law, J. Richard Broughton Jan 2012

Congressional Inquiry And The Federal Criminal Law, J. Richard Broughton

University of Richmond Law Review

This article supports constraint of the modern federal criminal law regime through greater attention to, and use of, congressional investigation and over =sight powers. Through an analysis of the 2009 and 2010 United States House of Representatives hearings on over-criminalization, this article asserts that Congress has political and constitutional incentives to use its investigation and oversight powers to address these problems. Conventional wisdom asserts that political disincentives to reduce the federal criminal law regime and weaknesses in investigative and oversight powers limit congressional effectiveness.


An Algebraic Classification Of Entangled States, Roman V. Buniy, Thomas W. Kephart Jan 2012

An Algebraic Classification Of Entangled States, Roman V. Buniy, Thomas W. Kephart

Mathematics, Physics, and Computer Science Faculty Articles and Research

We provide a classification of entangled states that uses new discrete entanglement invariants. The invariants are defined by algebraic properties of linear maps associated with the states. We prove a theorem on a correspondence between the invariants and sets of equivalent classes of entangled states. The new method works for an arbitrary finite number of finite-dimensional state subspaces. As an application of the method, we considered a large selection of cases of three subspaces of various dimensions. We also obtain an entanglement classification of four qubits, where we find 27 fundamental sets of classes.


Defining Federal Crimes – Chapters 2-4, Daniel C. Richman, Kate Stith, William J. Stuntz Jan 2012

Defining Federal Crimes – Chapters 2-4, Daniel C. Richman, Kate Stith, William J. Stuntz

Faculty Scholarship

These are three chapters from a forthcoming Federal Criminal Law casebook that will focus on institutional interactions – between Congress and the courts; the courts and prosecutors, and among elements within the federal enforcement bureaucracy. Chapter 2 focuses on criminal jurisdiction under the Commerce Clause. Chapter 3 generally considers how separation of powers issues play out in the interpretation of federal criminal statutes. Chapter 4 explores mail and wire fraud.


Excluding Feral Swine, Javelinas, And Raccoons From Deer Bait Stations, J. Mathews Pound, Kimberly H. Lohmeyer, Ronald B. Davey, Lisa A. Soliz, Pia U. Olafson Jan 2012

Excluding Feral Swine, Javelinas, And Raccoons From Deer Bait Stations, J. Mathews Pound, Kimberly H. Lohmeyer, Ronald B. Davey, Lisa A. Soliz, Pia U. Olafson

Human–Wildlife Interactions

No abstract provided.


Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass Jan 2012

Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy requirements, rules governing the formatting or packaging of information, and interpretive rules designed to give people new reasons to share information. Together these and similar rules constitute the law of deception: laws that aim to prevent or cure deception. One encounters similar problems of design, function and justification throughout the law of deception. Yet very little has been written about the category as a whole. This article begins to sketch a general theory. It identifies three regulatory approaches. Interpretive laws, such as common …


Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective, Susan Low Bloch Jan 2012

Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

The impeachment of President Clinton was more a circus than a serious effort to remove the President of the United States. The reason is simple: Few people--in the Congress or the country--wanted to remove him or believed the impeachment effort would actually result in his removal. Instead, it was a partisan political effort to embarrass Clinton and "send a message" of disapproval. Congress was attaching a "scarlet letter." But this was an indulgence that posed considerable danger that few in Congress considered. In particular, few tried to assess the potential impact this use of the process would have on the …


The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne Jan 2012

The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Sea-level rise will require many new initiatives in land use regulation to adapt to unprecedented climate conditions. Such government actions will prompt regulatory and other takings claims, and also will be shaped by apprehension of such claims. This article analyzes the categories of land use regulations and other government initiatives likely to be enacted to adapt to sea-level rise and anticipates the takings claims that may be brought against them. In addition to hard and soft coastal armoring, the article considers regulations intended to force or induce development to retreat from rising waters. Retreat regulations present difficult takings problems, because …


The Disdain Campaign, Randy E. Barnett Jan 2012

The Disdain Campaign, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

A response to Pamela S. Karlan, The Supreme Court 2011 Term Forward: Democracy and Disdain, 126 Harv. L. Rev. 1 (2012).

In her Foreword, Professor Pamela Karlan offers a quite remarkable critique of the conservative Justices on the Supreme Court. She faults them not so much for the doctrines they purport to follow, or outcomes they reach, but for the attitude they allegedly manifest toward Congress and the people. “My focus here is not so much on the content of the doctrine but on the character of the analysis.” She describes Chief Justice Roberts’s opinion of the Court as …


Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole Jan 2012

Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole

Georgetown Law Faculty Publications and Other Works

Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …


Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution, Carrie Menkel-Meadow Jan 2012

Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …


Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Eloise Pasachoff Jan 2012

Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …


Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?, Hope M. Babcock Jan 2012

Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Even before the nuclear core meltdowns at the Fukushima Daiichi nuclear reactors in Japan re-stoked public anxiety about nuclear energy, Vermont’s Senate, under the auspices of Vermont Act No. 160, voted to block continued operation of Vermont Yankee Nuclear Power Plant after the expiration of its forty-year operating license. This article examines whether a state can legislatively override a permit issued by the Nuclear Regulatory Commission extending the license of a power plant. The author places this question within a broader federalism context, in which states assert their sovereign rights to regulate the environment in the shadow of federal mandates. …


Are Prosecutors Born Or Made?, Abbe Smith Jan 2012

Are Prosecutors Born Or Made?, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In more than thirty years of criminal law practice--from public defender in Philadelphia to professor running a criminal law clinic in New York, Boston, and DC--the author has had countless encounters with prosecutors and countless conversations. Early in her career, the encounters and conversations were noteworthy--something to rail about back at the office, or to "dine out on" with friends. Soon enough they became commonplace, not even worthy of mention, just the way things were. But the author felt it important to pick a few examples and talk about them.


Faith And Fidelity: Originalism And The Possibility Of Constitutional Redemption, Lawrence B. Solum Jan 2012

Faith And Fidelity: Originalism And The Possibility Of Constitutional Redemption, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay reviews Constitutional Redemption: Political Faith in an Unjust World by Jack Balkin (2011) and Living Originalism by Jack M. Balkin (2011).

Contemporary scholarly debates about originalism and living constitutionalism are filled with claims about the political valence of these two theories. Here are some examples: "Originalism remains even now a powerful vehicle for conservative mobilization. ..." "[L]iving constitutionalism...has been at the core of progressive constitutional thought since the 1970s." "[A]ny reasonably well-informed observer knows that the term 'living Constitution' encodes liberal sympathies, just as originalism encodes conservative ones. ..." "[O]riginalism cannot easily be appropriated to progressive constitutional arguments." …


That The Laws Be Faithfully Executed: The Perils Of The Government Legal Advisor, David Luban Jan 2012

That The Laws Be Faithfully Executed: The Perils Of The Government Legal Advisor, David Luban

Georgetown Law Faculty Publications and Other Works

Suppose you practice business law. Your client comes to you and says "We have a major deal in the works. It is aggressive and cutting edge, and we need an opinion from you saying that it is legal." Obviously, you cannot promise that. First, you need to know what the deal is. So, you examine the documents and carefully analyze the law. Unfortunately, you have only bad news to report: the deal is illegal, and there is no way to fix it. But with a little creative stretching of the law and some body English you could make a case …


The U.S. Criminal-Immigration Convergence And Its Possible Undoing, Allegra M. Mcleod Jan 2012

The U.S. Criminal-Immigration Convergence And Its Possible Undoing, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

The intensifying convergence of U.S. criminal law and immigration law poses fundamental structural problems. This convergence--which manifests in the criminal prosecution of immigration law violators, in deportation of criminal law violators, and in a growing immigration enforcement and detention apparatus--distorts criminal law incentives and drains enforcement resources, misguides immigration regulation, and undermines efforts to implement alternative immigration regulatory frameworks. This article offers an account, informed by social psychological and literary theory, of why this convergence persists notwithstanding these problems, as well as how the convergence (and inherently associated problems) might be undone. The U.S. criminal-immigration convergence holds powerful sway, despite …


Affordable Care Act Litigation: The Supreme Court And The Future Of Health Care Reform, Lawrence O. Gostin, Kelli K. Garcia Jan 2012

Affordable Care Act Litigation: The Supreme Court And The Future Of Health Care Reform, Lawrence O. Gostin, Kelli K. Garcia

Georgetown Law Faculty Publications and Other Works

In Florida v. HHS, a lawsuit brought on behalf of 26 states challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA), the Supreme Court will determine the future direction of health care reform in the United States. During the unprecedented 5-1/2 hours of oral arguments, the Court will hear 4 issues: the individual purchase mandate, severability, the Medicaid expansion and the Anti-Injunction Act.

The states challenging the ACA maintain that the purchase mandate uniquely penalizes individuals for failing to purchase insurance. Uninsured individuals, however, rarely do nothing. Instead, they self-insure, rely on family, and cost-shift to …