Digital Commons Network^™

Health Care And The Illegal Immigrant, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

The question of whether illegal immigrants should be entitled to some form of health coverage in the United States sits at the uneasy intersection of two contentious debates: health reform and immigration reform. Befitting this place, the rhetoric surrounding the issue has been exponentially heightened by the multiplying effects of combining two vitriolic debates. On one side, it is argued that the United States has a moral obligation to provide health care to all those within its borders needing such assistance. On the other, it is argued with equal force that those illegally present in this country should not be …

Configuring The Networked Citizen, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

Among legal scholars of technology, it has become commonplace to acknowledge that the design of networked information technologies has regulatory effects. For the most part, that discussion has been structured by the taxonomy developed by Lawrence Lessig, which classifies "code" as one of four principal regulatory modalities, alongside law, markets, and norms. As a result of that framing, questions about the applicability of constitutional protections to technical decisions have taken center stage in legal and policy debates. Some scholars have pondered whether digital architectures unacceptably constrain fundamental liberties, and what "public" design obligations might follow from such a conclusion. Others …

Does The Constitution Protect Economic Liberty?, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The author defends the proposition that the Court in Lochner v. New York was right to protect the liberty of contract under the Fourteenth Amendment. He does not defend its use of the Due Process Clause to reach its result. As he explains, the Court should have been applying the Privileges or Immunities Clause. Nor does he contend that the Court was correct in its conclusion that the maximum‐hours law under consideration was an unconstitutional restriction on the liberty of contract. Although the statute may well have been unconstitutional, the author does not take the time to evaluate that claim. …

The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole

Georgetown Law Faculty Publications and Other Works

In Holder v. Humanitarian Law Project, the Supreme Court’s first decision pitting First Amendment rights against national security interests since the terrorist attacks of September 11, 2001, the Court appears to have radically departed from some of the First Amendment’s most basic principles, including the maxims that speech may not be penalized because of its viewpoint, that even speech advocating crime deserves protection until it constitutes incitement, and that political association is constitutionally protected absent specific intent to further a group’s illegal ends. These principles lie at the core of our political and democratic freedoms, yet Humanitarian Law Project …

Depoliticizing Federalism, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

In his great biography of President Andrew Jackson, Arthur Schlesinger, Jr. celebrated Jackson’s defense of the rights of states and opposition to federal power. Yet as a mid-twentieth century liberal, Schlesinger was a strong supporter of the federal government and an opponent of states’ rights. Was Schlesinger’s position inconsistent? He did not think so, and neither does the author. In Jackson’s time, an entrenched economic elite controlled the federal government and used federal power to dominate the lower classes. State governments served as a focal point for opposition to this domination. By mid-twentieth century, the federal government was an engine …

Islam In The (Inter)National, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Islam, Muslims, and Islamic law have become an intense American pre-occupation since September 11, 2001. Since then, much literature has been written in academia and public culture alike, deciphering the Muslim and the Islamic, bestsellers sold, careers made, and expertise claimed, solicited, and generously offered.

Unsurprisingly, another type of literature coincided with the rise of the literature on Islam and the Islamic, namely, the one on national security. Sometimes, this literature paralleled and intersected with that on the Islamic, with both fields claiming the same experts, though for the most part, the latter commanded its own independent list of bestsellers, …

The Clinical Mission Of Justice Readiness, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Law schools strive to teach students to be practice ready. That noble goal, however, is not enough. Because of the powerful role that lawyers play in society, educators must also teach students to be “justice ready.” Justice ready graduates are able to recognize injustice and appropriately evaluate the consequences of their actions in a way that mere practice readiness does not teach. The traditional law school curriculum fails to teach justice readiness, instead inculcating in students a penchant for the status quo—an unjust and unchanging social order. Clinical education is the solution for creating justice ready graduates. Its use of …

A Risky Business: Generation Of Nuclear Power And Deepwater Drilling For Offshore Oil And Gas, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Government regulation and licensing of industrial activities that create the possibility of catastrophic risk reflect “a political value judgment that these activities provide a social benefit that is greater than the social cost of the risks that they cause.” However, when a catastrophic accident occurs, the cost-benefit evaluations underlying the value judgment that authorized the activity may need to be rethought. Social rethinking is especially warranted when the accident could have been prevented had either the industry or the government more seriously assessed the risk of a catastrophic event and implemented precautionary steps to avoid it. This was the conclusion …

The Coming Water Crisis: A Common Concern Of Mankind, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This essay argues that fresh water, its availability and use, should now be recognized as ‘a common concern of humankind’, much as climate change was recognized as a ‘common concern of humankind’ in the 1992 United Nations Framework Convention on Climate Change, and conservation of biodiversity was recognized as a ‘common concern of humankind’ in the 1992 Convention on Biological Diversity. This would respond to the many linkages between what happens in one area with the demand for and the supply of fresh water in other areas. It would take into account the scientific characteristics of the hydrological cycle, address …

Soil Phosphorus Availability And Buffering Capacity In Eastern South Dakota Assessed Using Quantity-Intensity Relationships And Diffusive Gradients In Thin Films, Rose Eitemiller

Electronic Theses and Dissertations

Phosphorus (P) availability is influenced by soil properties and depth, creating challenges for nutrient management across agricultural landscapes. This study evaluated two complementary approaches for quantifying P availability and adsorption dynamics in eastern South Dakota soils: Diffusive Gradients in Thin Films (DGT) and P quantity–intensity (Q–I) relationships. The objectives were to (1) quantify bioavailable P using DGT, (2) compare DGT measurements with established soil test P (STP), (3) evaluate Q–I parameters describing P adsorption characteristics, and (4) assess spatial variability in P availability across eastern South Dakota soils. DGT-measured P increased with STP levels and was strongly correlated with Bray-1, …

Software Education For Changing Computing Technology, Steve Eugene Watkins

Electrical and Computer Engineering Faculty Research & Creative Works

Software education has been dominated by procedural-based programming languages such as BASIC, FORTRAN and C, and before that, the assembly languages. The primary reason that this methodology has held such sway in education was that it allowed quick action for the first major users of computers. This approach was the most straight-forward means of utilizing hardware that, over the last 60 years, has gotten faster and more complex through smaller and more densely packed elements. However, traditional advances as described by Moore’s law are now reaching both physical and economic limits. Pure object-oriented programming approaches offer benefits for hardware that …

Prediction And Performance Of Single Piles In Clay Soils Under Vibratory Loadings, Domenica Cambio

Doctoral Dissertations

"This study developed a model for predicting the response, in terms of amplitude versus frequency of single piles under lateral vibratory loadings embedded in clay or fine silty soils. The model incorporates frequency dependent parameters and the effects of soil non-linearity through the relationship between soil shear modulus and damping with strain. A computer program, Dyna5, was used to generate the computed response of single piles using the Novak and El-Shamouby (1983) approach. Soil non-linearity was accounted for by incorporating spline interpolation routine into Dyna5. Sliding and coupled rocking vibrations were addressed. The computed responses were predicted and compared with …

Collaborative Conservation Of Taimen (Hucho Taimen)Through Education And Awareness Khovsgol Aimag Mongolia, Daneil H. Bailey

Graduate Student Theses, Dissertations, & Professional Papers

Bailey, Daniel, M.S., December 2012 Resource Conservation COLLABORATIVE CONSERVATION OF TAIMEN THROUGH EDUCATION AND AWARENESS KHOVSGOL AIMAG MONGOLIA Chair: Dr. Keith Bosak ABSTRACT: Siberian taimen (Hucho taimen) populations in northern Mongolia (the state of Khovsgol aimag) are threatened by illegal poaching, habitat loss, mining and recreational fishing. Taimen are the world’s largest salmonid, historically reaching lengths of 6.5 ft. and weighing as much as 200 lbs This unique species of fish is incredibly slow-growing, long-lived (up to 40 years) and late to reach sexual maturity (5-7 years). These characteristics -- coupled with overuse and habitat loss -- have resulted in …

A Needs Assessment Of People Living With Hiv In Montana, Emily Olive Epperson

Graduate Student Theses, Dissertations, & Professional Papers

The purpose of this study was to assess the HIV testing, prevention, and treatment needs of people living in Montana who are infected with HIV. This study identified the demographic characteristics, the unmet needs, and the barriers to accessing assistance, prevention, and treatment services for people living with HIV in Montana. Qualitative data was collected in the form of focus group and key informant interviews and quantitative data was collected in the form of a questionnaire. The results of this assessment identified successful services that contribute to the improved mental, emotional, and physical health of people living with HIV including …

Data Fusion By Using Machine Learning And Computational Intelligence Techniques For Medical Image Analysis And Classification, Beibei Cheng

Doctoral Dissertations

"Data fusion is the process of integrating information from multiple sources to produce specific, comprehensive, unified data about an entity. Data fusion is categorized as low level, feature level and decision level. This research is focused on both investigating and developing feature- and decision-level data fusion for automated image analysis and classification. The common procedure for solving these problems can be described as: 1) process image for region of interest' detection, 2) extract features from the region of interest and 3) create learning model based on the feature data. Image processing techniques were performed using edge detection, a histogram threshold …

The Ogallala Aquifer In Nebraska: Gray Literature (1891–2010), Adonna Fleming, Leslie M. Delserone, Elaine Maytag Nowick

University of Nebraska-Lincoln Libraries: Faculty Publications

The Ogallala Aquifer is a key water resource for several U. S. states. TransCanada, a Canadian company, proposes to construct the Keystone XL pipeline to transport tar sands crude oil from Alberta to refineries in Texas; one proposed route would bury the pipeline in the Aquifer, raising water quality and environmental concerns. A rich inventory of information about the Aquifer predates the current controversy. This article presents a key subset of an extensive, ongoing bibliography: 128 citations to gray literature about the Ogallala Aquifer in Nebraska, which are inaccessible online and/or held in only a few libraries. The authors present …

Patent Law As Public Law, Megan M. La Belle

Scholarly Articles

Historically, patent litigation has been viewed and treated primarily as private law litigation, as opposed to public law litigation. This paradigm has begun to shift, however, as various stakeholders have come to acknowledge the profound impact that the patent system – and particularly invalid patents – have on the public at large. Yet, in order for a public law regime to succeed, there must be a host of enforcement mechanisms available, including the opportunity for privately-initiated litigation.

Public interest organizations have played a prominent role in the enforcement of certain public rights, such as free speech, equal protection, and environmental …

The Repair Of Laterally Damaged Concrete Bridge Girders Using Carbon Fiber Reinforcing Polymers (Cfrp), Matthew Kent Graeff

UNF Graduate Theses and Dissertations

In recent years the use of carbon fiber reinforcing polymers (CFRP) to repair damaged structural components has become more accepted and practiced. However, the current reference for designing FRP systems to repair and strengthen reinforced concrete (RC) and prestressed concrete (PSC) girders has limitations. Similarly, very few resources address solutions for the debonding problem associated with CFRP laminates or the use of CFRP laminates to repair structural members with pre-existing damage. The included experimental program consists of testing both RC and PSC girders with simulated lateral damage and CFRP repairs. A total of 34 RC beams were statically tested under …

Economics And Finance On Time Scales, Julius Severin Heim

Doctoral Dissertations

"This thesis consists of 6 papers that investigate models in economics and finance based on so-called dynamic equations on time scales. The first paper covers multiplier-accelerator models that can be described by linear second-order dynamic equations. The possibility of taxes as well as the possibility of foreign trade is taken into consideration. The second paper discusses cobweb models, which describe cyclical supply and demand in markets, where the supply is determined before the observation of the price. Cobweb models that can be formulated with first-order linear, second-order linear, and nonlinear dynamic equations are being considered. The third and fourth papers …

Identification And Visualization Of Electromagnetic Coupling Paths & Nonlinear Capacitors For Esd Protection, Hongyu Li

Doctoral Dissertations

"The first topic of this dissertation focuses on developing methods to identify and visualize electromagnetic coupling paths. The basis of the approach is to utilize an analogy between electromagnetic energy flow and fluid flow. This allows one to apply the theories and algorithms of fluid dynamics to electromagnetics and thereby to visualize the electromagnetic energy flow. This in turn can be utilized to identify the electromagnetic coupling path.

The second topic of this dissertation investigates the nonlinearity of capacitors and suggests improved trade-off between electrostatic discharge (ESD) protection and data bandwidth by using the antiferroelectric (AFE) capacitors as ESD protection. …

Influence Of Temperature And Microstructural Modification On Formability Of Magnesium Alloys, Arun Mohan

Doctoral Dissertations

"The ß-precipitate free AZ31, ß-precipitate rich AZ91 and a few Mg-Y-Zn alloys were studied to understand the dependence of Mg formability on microstructural condition and temperature. Friction stir processing (FSP) was used to refine the grain size and to obtain desirable distribution of precipitates in the matrix. Since Mg alloys exhibit challenges in achieving room temperature formability, superplastic deformation was utilized. This work focused on high strain rate superplasticity (HSRS, ≥10⁻² s⁻¹) which is more attractive for industrial applications as compared to the slower rates of conventional superplasticity.

Thermally stable fine grains and pinning particles at HSRS temperatures were essential …

Judicial Challenges To Mandatory Minimum Sentences: A New Frontier In Debate Over Child Pornography Sentencing?, Mary Graw Leary

Scholarly Articles

Over the past decade, federal sentencing issues concerning child pornography have produced considerable legal debate, much of it focused on the application of federal sentencing guidelines as set forth by the United States Sentencing Commission (U.S.S.C.). Many judges have opined that the factors used to calculate the adjusted offense level for some child pornography offenses may be out of date, impracticable, and/or in conflict with 18 U.S.C. 3553(a), which requires, among other things, “just punishments.” Particular concerns have been expressed that strict application of the sentencing guidelines can produce results in which possessors of child pornography (i.e. those who commit …

Stare Decisis In An Originalist Congress, Joel Alicea

Scholarly Articles

The concern here is with the normative status of legislative precedents for an originalist Congress: Should an originalist legislator give any weight to previous legislative constitutional judgments? This Note does not attempt to articulate the specific criteria an originalist legislator (or judge, for that matter) should use in deciding whether to retain a particular precedent. That question is a distinct inquiry for another day. Part I briefly reviews the literature on originalist extrajudicial constitutional interpretation as well as the scholarship on legislative stare decisis. Part II examines five common arguments for adherence to precedent in a judicial setting and analyzes …

The Authentic Self And Advertising : The Effects Advertising Has On The Formation Of The Authentic Self, Lorivie Abapo

UNF Graduate Theses and Dissertations

In a world bombarded with advertisements, it may be difficult for the development of an authentic self. Authenticity is a mode of existence in which there is ownership in the sense of self, while at the same time being able to present this sense of self to others. To be authentic is to act and live in a way that expresses a genuine concern for the self in which projects and goals pursued. The sense of self is the feeling of genuineness of the self and representing this self requires actions that correlate to these feelings. Advertisements act as communication …

Embodied Ethics : Transformation, Care, And Activism Through Artistic Engagement, Melissa Rachel Schwartz

UNF Graduate Theses and Dissertations

In what follows, I highlight negative environmental perspectives and actions based on traditional patterns of Western dualist thought with the ultimate aim of developing an alternative way of relating to the environment and the ‘other’, in general. In pursuit of such an alternative, I utilize embodied artistic practices in order to present the notion that one can engage more holistically with one’s environment, and the other. Through habitual, lifelong ‚Ways‛ cultivating specific practices generally necessary to creating and to viewing art, I argue, one can refine one’s ethical awareness and action. Following the aims of care ethics’ more context and …

Empirical Performance Analysis Of High Performance Computing Benchmarks Across Variations In Cloud Computing, Sindhu Mani

UNF Graduate Theses and Dissertations

High Performance Computing (HPC) applications are data-intensive scientific software requiring significant CPU and data storage capabilities. Researchers have examined the performance of Amazon Elastic Compute Cloud (EC2) environment across several HPC benchmarks; however, an extensive HPC benchmark study and a comparison between Amazon EC2 and Windows Azure (Microsoft’s cloud computing platform), with metrics such as memory bandwidth, Input/Output (I/O) performance, and communication computational performance, are largely absent. The purpose of this study is to perform an exhaustive HPC benchmark comparison on EC2 and Windows Azure platforms.

We implement existing benchmarks to evaluate and analyze performance of two public clouds spanning …

Nutrient Transport By Shrimp Hepatopancreas, Tamla A. Simmons

UNF Graduate Theses and Dissertations

Purified brush border membrane vesicles (BBMV) were isolated to characterize primary cellular transport mechanisms for white shrimp. The ultimate goal is to determine the effective components of a shrimp’s diet, thereby enhancing growth, as well as nutrient content. Juvenile shrimp are dependent on plant material as a food source. Potassium is a key component of plants, thus it may play a role in nutrient transport. In addition, divalent metals have been shown to act as co-transporters in several other organisms, thus they may serve as a transport mechanism for shrimp.

Fresh, live, white or brown shrimp were obtained, and from …

The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh

Scholarly Articles

Section 5000A of the Tax Code is one of the most controversial provisions of federal law currently on the books. It is the minimum essential coverage provision of the Patient Protection and Affordable Care Act ("ACA" or "Act")-a provision more popularly known as the individual mandate. Opponents challenged this provision immediately upon its enactment on March 23, 2010. The Supreme Court is poised to hear arguments about its constitutionality in one of these challenges, just over two years later.

Characterization Of Wave Transport In Non-Conservative Media With Random And Correlated Disorder, Benjamin Henry Payne

Doctoral Dissertations

"Passive quasi-one-dimensional random media exhibit one of the three regimes of transport - ballistic, diffusive, or Anderson localization - depending on system size. The ballistic and diffusion approximations assumes particle transport, whereas Anderson Localization occurs when wave self-interference effects are dominant. When the system contains absorption or gain, then how the regimes can be characterized becomes unclear. By investigating theoretically and numerically the ratio of transmission to energy in a random medium in one dimension, we show this parameter can be used to characterize localization in random media with gain. Non-conservative media implies a second dimension for the transport parameter …

Updated Eor Screening Criteria And Modeling The Impacts Of Water Salinity Changes On Oil Recovery, Ahmad Aladasani

Doctoral Dissertations

"Developing technologies for enhanced oil recovery (EOR) from existing oil fields would supply the world's energy needs for several decades. The application of EOR in many major oil-producing countries remains in its conceptual stage. Thermal and gas EOR methods achieve high incremental rates; however, their application range has not broadened significantly as they have matured, while the rate at which new, promising EOR methods such as Low-salinity water flooding (LSWF) are being implemented is alarming. Despite, the potential of LSWF its development and application has been hindered by the lack of consensus concerning its recovery mechanism(s). Every oil reservoir has …