Digital Commons Network^™

Student Organization Officers, 2012-13, The University Of Georgia School Of Law

Materials from All Student Organizations

No abstract provided.

Front Matter, Socio-Legal Review

Socio-Legal Review

No abstract provided.

Side Judges: The Case Of The Israeli Military Courts

Socio-Legal Review

This study aims to evaluate the changes in the independence and quality of the judicial process, in relation to judicial panels dealing with serious crimes in the military courts of Judea and Samaria (hereinafter, "the Region'). This evaluationfllows the 2002 transition from /udiialpanels, consisting of a lega/y trained fudge (the presiding judge) accompanied b two officers without a legal education, to expert panels consisting of three judges, all of whom are jurists.

The rationale for integrating side judges into the legal system is their close relationsh with the target community and an increasedpublic confidence in the system. At the same …

Giant Fornix Syndrome: A Case Series., Kiran Turaka, Robert B Penne, Christopher J. Rapuano, Azin Abazari, Ralph C Eagle, Kristin M. Hammersmith, Brandon Ayres

Wills Eye Hospital Papers

PURPOSE: To describe the demographics, characteristics, and treatment of giant fornix syndrome, a rare cause of chronic purulent conjunctivitis in the elderly.

METHODS: Retrospective chart review of five patients with giant fornix syndrome evaluated by the Cornea Service, Oculoplastics and Orbital Surgery Service and the Department of Pathology at the Wills Eye Institute.

RESULTS: The median age of the 5 female patients was 75 years (mean 80, range 70-95). The median duration of eye symptoms before presentation was 2 years (mean 2.4, range 1-4). Before referral, the chronic conjunctivitis was treated with topical antibiotics in all 5 cases and with …

Unaltered Myocilin Expression In The Blood Of Primary Open Angle Glaucoma Patients., Khaled K Abu-Amero, Taif Anwar Azad, George L Spaeth, Jonathan Myers, L Jay Katz, Marlene Moster, Thomas M Bosley

Wills Eye Hospital Papers

PURPOSE: To investigate the expression of the myocilin gene (MYOC) in the blood of primary open angle glaucoma (POAG) patients to determine if altered systemic expression is playing a role.

METHODS: Patients (n=47) were eligible for inclusion if they met standard clinical criteria for POAG. Control subjects (n=27) were recruited who were free from glaucoma by examination. RNA was extracted from leukocytes of patients and controls and converted to cDNA by reverse transcriptase enzyme, and quantitative PCR was used to assess expression levels of MYOC and the house keeping gene β-globulin (HBB). The ratio of MYOC expression to HBB expression …

Forced Options : Faculty Identity Development And Institutional Culture, Eileen Kogl Camfield

University of the Pacific Theses and Dissertations

Many faculty enter the professoriate with high ideals. They have identity conceptions of themselves as potential change-agents, expanding human knowledge and contributing to the greater good. Over time, for many, this idealism fades and is replaced with job dissatisfaction and bitterness. This study uses intersectionality as a theoretical frame to explore faculty identity development by examining the ways academic socialization into a competitive, hierarchical system privileges certain aspects of an individual's identity while imperiling others. In presenting data based on hour-long qualitative interviews with six mid-career university faculty members in the social sciences or humanities, the specific mechanisms that trigger …

Act And Amendments (Tjrc) - The Statute Law (Miscellaneous Amendment) Act 2012, Truth, Justice, And Reconciliation Commission

I. Core TJRC Related Documents

No abstract provided.

Downgrading Rating Agency Reform, Jeffrey Manns

GW Law Faculty Publications & Other Works

The Dodd-Frank Act promised to usher in sweeping changes to overhaul the rating agency industry whose shortcomings helped to pave the way to the financial crisis. But two years after the Act’s passage, hopes have given way to disappointment. The most important challenges of how to enhance rating agency competition, accuracy, and accountability remain largely open questions. The Securities & Exchange Commission (SEC) has made progress in heightening rating agency oversight and addressing the most egregious abuses that fueled the financial crisis. But rating agency reforms have fallen far short of their potential due to the Act’s competing objectives to …

Insuring Against A Derivative Disaster: The Case For Decentralized Risk Management, Jeffrey Manns

GW Law Faculty Publications & Other Works

This Article makes the case for a decentralized risk management strategy for identifying and defusing future bubble markets. It suggests how the government can enlist private "gatekeeper guarantors" to provide integrated insurance and monitoring roles to complement the government’s management of systemic risks. It proposes the enactment of a federal mandate that systemically significant financial entities (or participants in systemically significant financial sectors) secure private guarantees to cover a percentage of their potential liabilities (above a loss threshold). Gatekeeper guarantors would act as “circuit breakers” of systemic risk by serving as self-interested monitors of risk taking and tying clients’ coverage …

Natural Gas: A Long Bridge To A Promising Destination, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay, Professor Pierce argues that the horizontal drilling and hydraulic fracturing of shale formations that has nearly doubled US gas supplies over the last six years has the potential to yield a century of enormous environmental and economic benefits to the US and to the world.

Mobility Measures, Naomi Schoenbaum

GW Law Faculty Publications & Other Works

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of moving long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework of “mobility measures,” …

How To Choose The Least Unconstitutional Option: Lessons For The President (And Others) From The 2011 Debt Ceiling Standoff, Neil H. Buchanan, Michael C. Dorf

GW Law Faculty Publications & Other Works

The current successor to a federal statute first enacted in 1917, and widely known as the “debt ceiling,” limits the face value of money that the United States may borrow. Congress has repeatedly raised the debt ceiling to authorize borrowing to fill the gap between revenue and spending, but in the summer of 2011, a political standoff nearly left the government unable to borrow funds to meet obligations that Congress had affirmed earlier that very year. Some commentators urged President Obama to ignore the debt ceiling and issue new bonds, in order to comply with Section 4 of the Fourteenth …

Reusing Random Walks In Monte Carlo Methods For Linear Systems, Hao Ji, Yaohang Li

Computer Science Faculty Publications

In this paper, we present an approach of reusing random walks in Monte Carlo methods for linear systems. The fundamental idea is, during the Monte Carlo sampling process, the random walks generated to estimate one unknown element can also be effectively reused to estimate the other unknowns in the solution vector. As a result, when the random walks are reused, a single random walk can contribute samples for estimations of multiple unknowns in the solution simultaneously while ensuring that the samples for the same unknown element are statistically independent. Consequently, the total number of random walk transition steps needed for …

Nullifying The Debt Ceiling Threat Once And For All: Why The President Should Embrace The Least Unconstitutional Option, Neil H. Buchanan, Michael C. Dorf

GW Law Faculty Publications & Other Works

In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling. This respite, unfortunately, was merely temporary. The amounts of the increases in the debt ceiling that Congress authorized in 2011 were only sufficient to accommodate the additional borrowing that would be necessary through the end of 2012. In an economy that continued to show chronic weakness -- weakness that continues to this day -- the federal government would pre-dictably continue to collect lower-than-normal tax revenues and to make higher-than-normal expenditures, …

When You Pass On, Don't Leave The Passwords Behind: Planning For Digital Assets, Naomi R. Cahn, Gerry W. Beyer

GW Law Faculty Publications & Other Works

The universe of digital assets is vast, including email accounts, picture and video storage sites, social networking sites, domain names, games and related sites; professional sites and backups; as well as online banking and business accounts. Moreover, digital assets go beyond online accounts to include your own personal or work computers, their hardware and software. If your clients are smart about their digital life, then they have numerous usernames, passwords, and security questions for their accounts. Trust and estates lawyers are increasingly helping to plan for the care of digital assets upon their client’s incapacity or death, providing advice concerning …

Executive Branch Legalisms, David Fontana

GW Law Faculty Publications & Other Works

The Office of Legal Counsel (OLC) and White House Counsel’s Office (WHC) have both been the subject of much recent attention in legal scholarship, and both offices are at the center of the debate between Bruce Ackerman and Trevor Morrison that this paper addresses. However, these offices remain less representative of and less important to executive branch legalism than the substantial amount of attention these offices are receiving suggests. These offices matter, and matter more than any other individual legal office in the executive branch. However, there are limitations in using these two offices as a means of understanding the …

The New Kinship, Naomi R. Cahn

GW Law Faculty Publications & Other Works

Over the past century, the Supreme Court has articulated numerous doctrines that protect family privacy. These doctrines are not, however, well-suited to the brave new world of families formed through donor eggs, sperm, and embryos. As the number of donor-conceived children born to same-sex and heterosexual couples and to single parents increases, and as these families develop connections to one another, the law has not yet adjusted. This Article provides an extensive mapping of these “donor-conceived family communities,” and it reaches two major conclusions that support the development of these new families. First, relational interests, the traditional focus in family …

The End Of Men Or The Rebirth Of Class? How Hanna Rosin Leaves Out The 1% & Family Law Fails The Other 99%, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

This article argues that much of what has been described as “the end of men” is in fact the recreation of class. Greater inequality among men and among women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and acquired greater ability to live, work, play and raise children without men, a mere relative move towards sex equality only masks the more fundamental changes occurring in American society and the continuing existence of patriarchy. First, the improved freedom …

The Age Of Innocence: The First 25 Years Of The National Collegiate Athletic Association, 1906 To 1931, W. Burlette Carter

GW Law Faculty Publications & Other Works

The article traces the history of the most powerful body in amateur sports, the NCAA, discussing the regulation of amateur sports before it arose, the factors that led to its creation, early definitions of amateurism, key issues facing the early body, its promotion of University amateur sports as a training ground for soldiers during World War I, emerging conflicts among members, its treatment of collegiate segregation policies and campus neglect of women's sports opportunities, and how past problems in amateur sports regulation were prologue for the issues facing intercollegiate athletics regulators and participants today.

International Trade And Investment Law And Carbon Management Technologies, Steve Charnovitz

GW Law Faculty Publications & Other Works

Reducing emissions of greenhouse gases will require the development of carbon management technologies that are not currently available or that are not currently cost-effective. While market mechanisms such as carbon pricing must play a central role in stimulating the development of these technologies, governmental policy aimed at fostering carbon management technologies and lowering their costs must also play a part. Both types of policies will form part of an optimal greenhouse gas control portfolio. This article develops a framework of international trade and investment law insofar as they may affect carbon management technologies. While it is commonly perceived that international …

Commitment Bonds, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

This Article introduces compensating commitment bonds, which make it more affordable for a government, entity, or individual to commit to some course of action. These bonds, like traditional government or corporate bonds, can generate revenue for committing parties. A bond seller makes a commitment and promises to pay a forfeit if the seller fails to meet the bond conditions. The bond buyer pays the seller to be contractually designated as the recipient of any amounts the bond seller forfeits. This approach has potential application in a range of legal situations. Governments and other parties may use such bonds to facilitate …

The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown

GW Law Faculty Publications & Other Works

This essay endeavors to document and to preserve the story of the origins of the book Taxing America (NYU Press 1997) edited by KarenB. Brown and Mary Louise Fellows. The publication of that text was a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professors Brown and Fellows created one of the first working groups of critical tax theorists. In this essay, the book's two editors reflect on the book's intellectual antecedents and its material …

Beginning Testimony With An Overview Witness, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines United States v. Moore, 651 F.3d 30 (D.C. Cir. 2011) to illustrate how a court dealt with the prosecutor's use of a summary, or introductory, witness to set forth an overview or outline of a case.

One Person's Statement To Prove Another's Actions, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This article examines State v. McLaughlin, 14 A.3d 720 (N.J. 2011) to illustrate the importance of the hearsay rule to resolving the admissibility issue of a declarant's statement of an intention to do a future act to prove the acts of another person.

Enlightenment Economics And The Framing Of The U.S. Constitution, Renée Lettow Lerner

GW Law Faculty Publications & Other Works

Some scholars have argued that the Framers of the U.S. Constitution did not have a common set of views on economics, or that the Constitution, except perhaps in isolated clauses, does not reflect any specific economic views. The principal Framers did, in fact, share a basic set of economic views, though of course they did not agree on all economic questions. Their shared economic views were common to enlightenment thinkers: promoting free trade, curtailing rent-seeking (the transfer of wealth from producers to non-producers through political power), and, in most instances, eliminating monopolies. These economic views permeate the Constitution and are …

Geoengineering And The Science Communication Environment: A Cross-Cultural Experiment, Donald Braman, Dan M. Kahan, Hank C. Jenkins-Smith, Tor Tarantola, Carol L. Silva

GW Law Faculty Publications & Other Works

We conducted a two-nation study (United States, n = 1500; England, n = 1500) to test a novel theory of science communication. The cultural cognition thesis posits that individuals make extensive reliance on cultural meanings in forming perceptions of risk. The logic of the cultural cognition thesis suggests the potential value of a distinctive two-channel science communication strategy that combines information content (“Channel 1”) with cultural meanings (“Channel 2”) selected to promote open-minded assessment of information across diverse communities. In the study, scientific information content on climate change was held constant while the cultural meaning of that information was experimentally …

An Addendum To Cox And Posner: A Visa To 'Snitch', Eleanor Marie Brown

GW Law Faculty Publications & Other Works

Cox and Posner’s landmark contribution is the first article to have highlighted the challenges of information asymmetry in immigration screening. While Cox and Posner have undoubtedly made a significant contribution, there is a critical oversight in their framework: they do not discuss the importance of targeted ex post mechanisms of screening educational elites. This Essay is an attempt to remedy Cox and Posner’s omission. Why is this oversight so problematic? In the post-9/11 world, U.S. immigration policy currently finds itself on the horns of a dilemma. While immigrant educational elites are critical to U.S. economic growth, terrorist networks have stepped …

The America Invents Act, Its Unique First-To-File System And Its Transfer Of Power From Juries To The United States Patent And Trademark Office, Martin J. Adelman

GW Law Faculty Publications & Other Works

The signing of the Leahy-Smith America Invents Act (AIA) by President Obama on 16 September 2011 is a landmark event in the history of American patent law. It has already been the subject of numerous articles on the web and in the law reviews as well as in the popular press. I have no intention here of going into all the details of the AIA, I just want to leave the reader with a sense for its eventual impact on American patent law. All the details are to be found in its 37 sections whose titles give the reader a …

Modern Military Justice: Cases And Materials, Gregory E. Maggs, Lisa M. Schenck

GW Law Faculty Publications & Other Works

Modern Military Justice: Cases and Materials (2012) is a textbook written by Professor Gregory E. Maggs and Associate Dean Lisa Schenck (both of the George Washington University Law School) and published by West (ISBN-13: 9780314268037).

This new textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. Materials from every service within the Armed Forces show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses, such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses …

Brief For Royal Dutch Petroleum Co. Et Al., As Amici Curiae Supporting Respondents, Kiobel V. Royal Dutch Petroleum Co., 132 S.Ct. 1738 (2012) (No. 10-1491)., Bradford R. Clark, Anthony J. Bellia Jr.

GW Law Faculty Publications & Other Works

No abstract provided.