Digital Commons Network^™

Lessons From Social Psychology For Complex Operations, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.

A Talent For Risk And Trust: A Tribute To Aryeh Neier, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is a tribute to Aryeh Neier, former president emeritus of the Open Society Foundations and founder of the Human Rights Watch. The author discusses Aryeh Neier's talent for risk and trust.

De-Concentrating Poverty: De-Constructing A Theory And The Failure Of Hope, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

Since the late 1980s, led by William Julius Wilson’s The Truly Disadvantaged, scholars have been writing about the social problems caused by the concentration in residential communities of high levels of poverty. Even before Wilson’s book, government policy, which previously had resulted in racially and economically segregated communities, had begun to shift towards de-concentration. The consent decree in Hills v Gautreaux, and the HOPE VI and Moving to Opportunity Programs all pointed towards de-concentration of poverty. Commentators have suggested both benign and not-so-benign reasons for the policy shift.

There were a variety of quite hopeful goals promoted by …

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 …

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 …

Same Refreshing Taste, No Empire: Argentinean Advertising, Coca-Cola And The Shortcomings Of The Cultural Imperialist Framework In Buenos Aires, 1940-1965, Solange Hilfinger-Pardo , '12

Senior Theses, Projects, and Awards

No abstract provided.

Could Specialized Criminal Courts Help Contain The Crises Of Overcriminalization And Overincarceration?, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

In contrast to the existing scholarly commentary on specialized criminal courts, which is largely trapped in the mode of advocacy—alternately celebratory or disparaging, and insufficiently attentive to the remarkable variation between different specialized criminal courts—this article introduces an analytic framework and critical theoretical account of four contending criminal law reformist models at work in specialized criminal courts. These four criminal law reformist models include:

(1) a therapeutic jurisprudence model,

(2) a judicial monitoring model,

(3) an order maintenance model, and

(4) a decarceration model.

Based on a multi-method approach consisting of site visits, and an analysis of archived interviews, the …

The Plight Of The Individual Investor In Securities Class Actions, David H. Webber

Faculty Scholarship

Individual investors victimized by securities fraud have no voice in directing class actions brought on their behalf once institutional investors obtain lead plaintiff appointments. The same holds for state-level transactional class actions claiming breaches of fiduciary duty by boards of directors in connection with mergers and acquisitions. In theory, the interests of institutional and individual investors align, nullifying the need for a separate voice for individuals; one rationale for the lead plaintiff modifications of the Private Securities Litigation Reform Act of 1995 was that individuals would benefit from the sophistication of institutional investor lead plaintiffs. But in practice, individual investors’ …

The First Ever (Maybe) Original Jurisdiction Standings, David Hatton, Jay D. Wexler

Faculty Scholarship

One of the more interesting clauses of the Constitution is the one that gives the Supreme Court original jurisdiction to hear lawsuits brought by one state against another state. These cases have historically made up a consistent, though small, part of the Supreme Court’s docket, but nobody has yet to investigate how the various states have fared in these suits. In this article, we analyze all of the state versus state cases decided over the past 112 years and provide the first ever (we think) official standings of how the states stack up. Minnesota is the big winner.

Deductions For Drug Ads? The Constitution Does Not Require Congress To Subsidize Direct-To-Consumer Prescription Drug Advertisements, Shoshana Speiser, Kevin Outterson

Faculty Scholarship

The First Amendment protects lawful, non-misleading advertising as commercial speech, which constrains Congressional attempts to regulate direct-to-consumer advertising (DTCA) of prescription drugs. But the Constitution does not require the federal government to subsidize advertising through the Tax Code. Congress could revoke the legislative gift of tax deductions for DTCA without running afoul of regulating speech. While DTCA proponents maintain that DTCA increases disease awareness and leads to more doctor-patient conversations, Congress could find that these purported benefits are outweighed by other negative consequences, including excessive prescribing.

All Pain, No Gain: Need For Prudent Antimicrobial Use Provisions To Complement The Gain Act, Kevin Outterson

Faculty Scholarship

Once every five years, Congress re-authorizes funding for the FDA under PDUFA. In the current PDUFA legislation, Congress also addressed issues relating to antimicrobial resistance in the Generating Antibiotic Incentives Now (GAIN) Act. This short article critiques the absence of antimicrobial stewardship incentives in the GAIN Act, which is a serious error in the long-term struggle with pathogenic microbes.

Chronology, Field Work Each Year On Annual Survival, Site Fidelity, And Longevity Of The Eastern Population Of The Painted Bunting, A Capture Recapture/Resighting Study, Circa 2012, Paul W. Sykes Jr.

Florida Ornithological Society - Records - Full Collection

A chronology of field work, site fidelity, and longevity of the eastern population of the Painted bunting between 1998 and 2012. Includes information on sites, banding, field work, bird observations, and changes to the project.

Concert Recording 2012-10-26, Richard Rulli, Jennifer Fox, Philip Elsbecker, Dylan Gililland, Nathan Cunningham, Bethany Hayes, Traci Perry, Corey Divine, Kristine Mezines

Concert Recordings & Programs

Intrada / Arthur Honegger -- Concerto in A-flat major (1949) [Abridged] / Alexander Arutunian -- Nightsongs / Richard Peaslee -- 4 Miniatures. Fanfare ; Intermezzo ; Canto ; Tarantella / Joseph Turrin -- I remember / Dana Wilson -- Sonata for trumpet and piano / Eric Ewazen -- Concerto in E-flat major. Vivace / J.B.G. Neruda -- Sonata for trumpet and pian. Allegro moderato ; Adagio tenero ; Allegro / Halsey Stevens ; La virgen de la macarena / Bernadino Bautista Monterde

The Politics Of Class Action Arbitration: Jurisdictional Legitimacy And Vindication Of Contract Rights, William W. Park

Faculty Scholarship

Exactly one year apart, the U.S. Supreme Court decided two cases on “class arbitration” proceedings, one about international shipping and the other on consumer purchases of mobile telephones. Each decision inflicted damage on a claimant’s right to invoke collective action in arbitrations. Read together, the opinions serve as a prism through which to refract key elements in an increasingly politicized debate on the legal framework for arbitration, particularly within the United States.

Introduction: The Politics Of Hate, Robert L. Tsai

Faculty Scholarship

This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …

Concert Recording 2012-11-11, Ronda Mains, Kristi Smylie, Kelsey Menze, Cede Mcdrummond, Charity Cox, Hannah Patrick, Adriana Rueda Garcia, Diego Plata, Jessica Carvin, Katie Martin, Brandi Heard, Anna Hall, Sarah Busch, Brice Smith

Concert Recordings & Programs

Winter spirits / Katherine Hoover -- Sonata sesta. Allegro / Michel Blavet -- Eight pieces for solo flute. Germachlich ; Liechtenstein gewegt ; Ser langsam tiel seim Zeimats ; Gemachlich / Paul Hindemith -- Brasileirinho / Waldir Zevedo -- El encantador de pajaros / Amparo Angel -- Laconisme de l'alle for solo flute and electronics / Kaija Saariaho -- Tango etude no 4 / Astor Piazolla -- Duet no. 2. Allegrissimo / Friedrich Kuhlau -- Piece for solo flute / Jacques Ibert -- Duettino sur des motifs hongrois / Francois Doppler -- El diable suelto / Heraclio Fernandez

Aedpa Mea Culpa, Larry Yackle

Faculty Scholarship

In this essay, the author contends that the Antiterrorism and Effective Death Penalty Act of 1996 [AEDPA] has frustrated both the enforcement of federal rights and legitimate state interests. He lays most of the blame on the Supreme Court's methodology for construing AEDPA's provisions. The Court insists that poorly conceived and drafted provisions must be taken literally, whatever the consequences, and that every provision must be read to change habeas corpus law in some way. This approach has produced unfair, wasteful, and even bizarre results that might have been avoided if the Court had assessed AEDPA more realistically.

Images In/Of Law, Jessica Silbey

Faculty Scholarship

The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and …

“We Have The Right Not To Be Rescued...”: When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers, Aziza Ahmed, Meena Seshu

Faculty Scholarship

This paper highlights the impact of raid, rescue, and rehabilitation schemes on HIV programmes. It uses a case study of Veshya Anyay Mukti Parishad (VAMP), a sex workers collective in Sangli, India, to explore the impact of anti-trafficking efforts on HIV prevention programmes. The paper begins with an overview of the anti-trafficking movement emerging out of the United States. This U.S. based antitrafficking movement works in partnership with domestic Indian antitrafficking organisations to raid brothels to “rescue and rehabilitate” sex workers. Contrary to the purported goal of assisting women, the anti-trafficking projects that employ a raid, rescue, and rehabilitate model …

The Emerging Enforcement Practice Of The International Criminal Court, Hirad Abtahi, Steven Arrigg Koh

Faculty Scholarship

The dual enforcement regime of the International Criminal Court constitutes a fundamental pillar of the Rome Statute of the International Criminal Court and represents a novel system within the history of international criminal law. This article is the first to focus on the emerging practice of the Court as it begins developing and implementing this unique enforcement regime. Drawing directly from the recent history within the Presidency and focusing on the current activities of the Trust Fund for Victims, this Article explains how, why, and in what direction the Court’s enforcement practice is evolving.

Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh

Faculty Scholarship

Patent infringement litigation has not only increased dramatically in frequency over the past few decades,¹ but also has also seen striking growth in both stakes and cost.² Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades,³ many interesting questions remain inadequately addressed. The nuances of and trends in patent litigation in different technology fields and industries, for example, are still understudied.⁴ Litigation of patents on new technologies has likewise received a dearth of attention. Here we seek to help begin …

Bank Ceos, Inside Debt Compensation, And The Global Financial Crisis, Frederick Tung, Xue Wang

Faculty Scholarship

Bank executives’ compensation has been widely identified as a culprit in the Global Financial Crisis, and reform of banker pay is high on the public policy agenda. While Congress targeted its reforms primarily at bankers’ equity-based pay incentives, empirical research fails to show any correlation between bank CEO equity incentives and bank performance in the Financial Crisis. We offer an alternative analysis, hypothesizing that bank CEOs’ inside debt incentives correlate with reduced bank risk taking and improved bank performance in the Crisis. A nascent literature shows that inside debt may dampen CEOs’ risk taking incentives. Unlike the industrial firms that …

Looking To Fill An International Regulatory Gap: Brazil Brings The Issue Of Exchange Rates And Trade Before The World Trade Organization, Antonia F. Pereira, Silas W. Allard

Emory International Law Review

Concern over the relationship between exchange rates and trade has a long history in both international law and economics. This concern has manifested itself in two primary ways: first, as a worry about the impact of currency fluctuation on trade flows and, second, as a worry about the impact of currency manipulation on fairness in the international trading regime. While there is no consensus on how to address the problems created by the relationship of exchange rates and trade, this lack of consensus has done nothing to diminish states' concerns over the impact of currency fluctuation and manipulation on trade.

Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel

Journal Articles

More than four decades have passed since the U.S. Supreme Court revolutionized the First Amendment rights of the public workforce. In the ensuing years the Court has embarked upon an ambitious quest to protect expressive liberties while facilitating orderly and efficient government. Yet it has never articulated an adequate theoretical framework to guide its jurisprudence. This Article suggests a conceptual reorientation of the modern doctrine. The proposal flows naturally from the Court’s rejection of its former view that one who accepts a government job has no constitutional right to complain about its conditions. As a result of that rejection, the …

Development Techniques For Android Platform Mobile Device Application, Ivan Njunjic

Master's Theses and Doctoral Dissertations

This thesis focuses on Android application development techniques needed to implement a mobile application portal that consists of features used at Eastern Michigan University. Since there is not a single source available to developers that explains such techniques, this thesis represents a unique manual for such development. Based on the similarity of features, mainly in terms of data nature and access, five techniques are defined in a step-by-step procedural manner. This is accomplished by outlining the development techniques and presenting them “in action” with coding examples from a fully developed demo application. As a result, the demo application demonstrates functional …

The Latino Community In Multnomah County: An Unsettling Profile, Ann Curry-Stevens, Amanda Cross-Hemmer, Coalition Of Communities Of Color

School of Social Work Faculty Publications and Presentations

Our report, "The Latino Community in Multnomah County: An Unsettling Profile" uncovers an array of racial inequities across the systems of income, employment, education, juvenile justice, corrections, child welfare, philanthropic giving, housing, immigration, research practices (particularly population measurement), wealth, health, health insurance coverage, racial harassment, public service and voter registration. These systems maintain our second-class status and serve to limit our current well being and the prospects for a bright future for our children.

Measurement And Simulation Of Parallel Plate Waveguide Structures In The Terahertz Region For Sensing And Material Characterization Applications, James Alexander Higgins

Dissertations and Theses

The THz region is a burgeoning field of research with applications in spectroscopy, integrated circuit fabrication, bio-medicine, and communications. Until recently, the THz region was largely unexplored, mainly due to the technical difficulties involved in making efficient and compact sources and detectors. As these challenges are addressed, the focus of research has shifted to practical applications, such as sensing and imaging. The focus of this thesis is to investigate the characterization of parallel plate waveguide multimode propagation and periodically notched resonant structures for use in sensing and material parameter extraction applications. Broadband and narrowband measurements are presented and analyzed. Measurements …

A Historical And Archaeological Study Of The Nineteenth Century Hudson's Bay Company Garden At Fort Vancouver: Focusing On Archaeological Field Methods And Microbotanical Analysis, Elaine C. Dorset

Dissertations and Theses

The Hudson's Bay Company (HBC), a British fur-trading enterprise, created a large garden at Fort Vancouver, now in southwest Washington, in the early- to mid-19th century. This fort was the administrative headquarters for the HBC's activities in western North America. Archaeological investigations were conducted at this site in 2005 and 2006 in order to better understand the role of this large space, which seems incongruous in terms of resources required, to the profit motive of the HBC. Questions about the landscape characteristics, and comments by 19th century visitors to the site provided the impetus for theoretical research of gardens as …

An Empirical Study Of Particulate Matter Exposure For Transit Users At Bus Stop Shelters, Adam Moore

Dissertations and Theses

Congested traffic corridors in dense urban areas are key contributors to the degradation of urban air quality. While waiting at bus stops, transit patrons may be exposed to greater amounts of vehicle-based pollution, including particulate matter, due to their proximity to the roadway. Current guidelines for the location and design of bus stops do not take into account air quality or exposure considerations. This thesis provides a unique contribution to roadside air quality studies and presents an innovative method for the consideration of bus shelter placement. Exposure to roadside pollutants is estimated for transit riders waiting at three-sided bus stop …

A Survey And Analysis Of Solutions To The Oblivious Memory Access Problem, Erin Elizabeth Chapman

Dissertations and Theses

Despite the use of strong encryption schemes, one can still learn information about encrypted data using side channel attacks [2]. Watching what physical memory is being accessed can be such a side channel. One can hide this information by using oblivious simulation - hiding the true access pattern of a program. In this paper we will review the model behind oblivious simulation, attempt to formalize the problem and define a security game. We will review the major solutions pro- posed so far, the square root and hierarchical solutions, as well as propose a new variation on the square root solution. …