Digital Commons Network^™

Confronting Criminal Law’S Violence: The Possibilities Of Unfinished Alternatives, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

Confronting criminal law’s violence calls for an openness to unfinished alternatives — a willingness to engage in partial, in process, incomplete reformist efforts that seek to displace conventional criminal law administration as a primary mechanism for social order maintenance. But despite all indications that the status quo in U.S. criminal law administration is profoundly dysfunctional — an institutional manifestation of the deepest pathologies in our society — contemporary criminal law reform efforts and scholarship focus almost exclusively on relatively limited modifications to the status quo. These modifications may well render criminal law administration more humane, but fail to substitute alternative …

Toward A Jurisprudence Of Law, Peace, Justice, And A Tilt Toward Non-Violent And Empathic Means Of Human Problem Solving, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this essay the author sets out some questions about whether law can be made a site of encouraging more positive, peace seeking, non-violent, and pro-social behaviors. These questions derive from my own family history, as well as from my experience as a social and political activist, and also as a practicing lawyer and legal scholar. She begins in the introduction by setting out these questions in light of current conditions of domestic and international violence and some past considerations of categories of law. In the second section of this essay the author explains where her questions come from—her personal …

The Historical Contingencies Of Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” …

Regulation Of Dispute Resolution In The United States Of America: From The Formal To The Informal To The ‘Semi-Formal’, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The story of ADR in the US is one of ‘co-optation’ of what was to be a serious challenge to formalistic and legalistic approaches to legal and social problem solving and is now highly institutionalized by its more formal use in courts. At the same time, use of private forms of dispute resolution in mediation, arbitration and newly hybridised forms of dispute resolution among disputants who can choose (and afford) to leave the formal justice system (in both large commercial matters and private family matters) has resulted in claims of increased privatization of justice, with consequences for access to …

Originalism And Constitutional Construction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities.

This article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: …

The Rebirth Of The Neighborhood, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This essay argues that new urban residents primarily seek a type of community properly called a neighborhood. “Neighborhood” refers to a legible, pedestrian-scale area that has an identity apart from the corporate and bureaucratic structures that dominate the larger society. Such a neighborhood fosters repeated, casual contacts with neighbors and merchants, such as while one pursues Saturday errands or takes children to activities. Dealing with independent local merchants and artisans face-to-face provides a sense of liberation from large power structures, where most such residents work. Having easy access to places of sociability like coffee shops and bars permits spontaneous “meet-ups,” …

Black Male Exceptionalism? The Problems And Potential Of Black Male-Focused Interventions, Paul D. Butler

Georgetown Law Faculty Publications and Other Works

“Black male exceptionalism” is the premise that African American men fare more poorly than any other group in the United States. The discourse of Black male exceptionalism presents African American men as an “endangered species.” Some government agencies, foundations, and activists have responded by creating “Black male achievement” programs. There are almost no corresponding “Black female achievement” programs. Yet empirical data does not support the claim that Black males are burdened more than Black females. Without attention to intersectionality, Black male achievement programs risk obscuring Black females and advancing patriarchal values. Black male achievement programs also risk reinforcing stereotypes that …

Measuring Justice, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

The research imperative of refining ways to measure justice is important and necessary. Our work as lawyers improves the more we know about our effectiveness and the more our choices are evidence based. Nevertheless, quantifying the work of a lawyer is not easy. How do we ensure that any measure of justice captures outcomes for both trial-based advocacy and non-trial-based advocacy on behalf of clients, including negotiated outcomes? How do we quantify the role lawyers play in listening to our clients, explaining the systems in which they operate, and supporting them through often very difficult times in their lives? How …

Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The author explores the moral implication of a proposal to create an international market in whale shares as an alternative to the dysfunctional International Whaling Commission. She finds the proposal amoral because whales, like humans, have an intrinsic right to life. Since this leaves whales vulnerable to whale hunting nations, she suggests that international environmental organizations might help a whale preservation norm emerge in whaling nations by using education and interventionist activities that focus on whaling’s cruelty to ultimately encourage the citizens and governments of those nations to change their self-image as whale eating cultures.

The Developmental Path Of The Lawyer, Michael J. Cedrone

Georgetown Law Faculty Publications and Other Works

My mother does not drive, and I own a towel that I cannot use-these are my reasons for studying law.

I am an integrated tapestry of elation and disappointment, risk and reward, ambiguity and conviction .. .. I discovered [through adversity] that transitional challenges were not permanent impediments to my progress, but were instead emboldening catalysts to my personal evolution and professional development.

These two stories come from admissions essays submitted by members of Georgetown University Law Center's class of 2014, recently published in the Law Center's alumni magazine. The published essays provide fascinating views into the personal experiences and …

Patron-Driven Acquisition And Circulation At An Academic Library: Interaction Effects And Circulation Performance Of Print Books Acquired Via Librarians’ Orders, Approval Plans, And Patrons’ Interlibrary Loan Requests, David C. Tyler, Christina D. Falci, Joyce C. Melvin, Marylou Epp, Anita M. Kreps

University of Nebraska-Lincoln Libraries: Faculty Publications

Numerous publications on patron-driven acquisition (PDA) for print books and similar materials have reported that patron-requested materials circulate more. Tying circulation to selector may be failing to address the complex of factors that contributes to items’ circulation. In the present study, the authors revisit a PDA program’s data and to determine whether PDA print books’ circulation advantage persists when the potential interactions of several additional variables are taken into account. As with prior studies, library patrons were significantly better predictors of circulation than were librarians or approval plans. However, librarians proved to be significantly better predictors than were approval plans.

Restrictive And Expansive Views Of Equality: A Grounded Theory Study That Explores The Influence Of Racial Consciousness On The Behaviors Of White Faculty In The Classroom, Chayla M. Haynes

Electronic Theses and Dissertations

Attempts to address the ever increasing achievement gap among students have failed to explain how and why educational traditions and teaching practices perpetuate the devaluing of some and the overvaluing of others. This predicament, which plagues our educational system, has been of increased concern, given the growing racial diversity among college students and the saturation of White faculty in the academy. White faculty make up the majority, 79%, of all faculty in the academy. White faculty, whether consciously or unconsciously, are less likely to interrogate how race and racism both privilege them within the academy and influence their faculty behaviors. …

Towards The Consideration Of The U.S. Community College Model To Address The Need For Higher Education Reforms In Ghana, John Kwame Asubonteng Rivers

Electronic Theses and Dissertations

The higher education systems throughout the continent of Africa are undergoing unprecedented challenges and are considered in crisis. African countries, including Ghana, all have in common ties to their colonial legacy whereby they are confronted with weak policies put in place by their colonizers. Having gained their independence, Africans should now take responsibility for the task of reforming their higher education system. To date, nothing substantial has been accomplished, with serious implications for weakening and damaging the structures of the foundation of their educational systems. This qualitative, single case study utilized a postcolonial theory-critical pedagogy framework, providing guidance for coming …

Joint Utility Of Event- Dependent And Environmental Crime Analysis Techniques For Violent Crime Forecasting, Joel M. Caplan, Leslie W. Kennedy, Eric L. Piza

Publications and Research

Violent crime incidents occurring in Irvington, New Jersey, in 2007 and 2008 are used to assess the joint analytical capabilities of point pattern analysis, hotspot mapping, near-repeat analysis, and risk terrain modeling. One approach to crime analysis suggests that the best way to predict future crime occurrence is to use past behavior, such as actual incidents or collections of incidents, as indicators of future behavior. An alternative approach is to consider the environment in which crimes occur and identify features of the landscape that would be conducive to crime. Thanks to advances in geographic information system technology and federally funded …

Bridging The Gap Between Health And Justice, Lior Gideon

Publications and Research

No abstract provided.

Conference Transcript: Heeding Frickey's Call: Doing Justice In Indian Country

American Indian Law Review

No abstract provided.

Unmasking Tonto: Can Title Vii "Make It" In Hollywood, Megan Basham

American Indian Law Review

No abstract provided.

Progress In Self-Determination: Navigating Funding For Isda Contracts After Salazar V. Ramah Navajo Chapter, Steven L. Mangold

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2013 Native American Law Student Association Moot Court Competition, Zachary Diionno, Sommerset Wong

American Indian Law Review

No abstract provided.

Half The Sky: Turning Oppression Into Opportunity For Women Worldwide [Review] / Nicholas D. Kristof, Leanne M. Sigvartsen

Andrews University Seminary Studies (AUSS)

No abstract provided.

School Discipline Reform: Incorporating The Supreme Court's "Age Matters" Jurisprudence, Barbara A. Fedders, Jason Langberg

Faculty Publications

No abstract provided.

Juries For Juveniles, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Changed Circumstances: The Federal Rules Of Civil Procedure And The Future Of Institutional Reform Litigation After Horne V. Flores, Catherine Y. Kim

Faculty Publications

No abstract provided.

Sexual Orientation-Based Violence In Hong Kong, Rebecca L. Stotzer, Holning S. Lau

Faculty Publications

No abstract provided.

Who Are We Educating? Why Undergraduate Students Choose To Major In Communication, Christopher J. Carpenter, Bree Mcewan

Journal of the Association for Communication Administration

This study examined student traits and major characteristics that might lead students to choose communication as a major by collecting survey responses from 476 undergraduate students. Attitudes about the major and potential jobs, expected norms from parents, and areas of perceived behavioral control based on student anxieties were analyzed as predictors of choosing the communication major. Short term benefits of taking communication classes as well as the long-term benefits predicted students’ intention of graduating with a communication major. The perception that the major required little math was associated with choosing the major for those higher in math anxiety.

Dialogic Ethics: Leadership And The Face Of The Other, Karen Lollar

Journal of the Association for Communication Administration

Foundational to a relational ethic is the belief that healthy human existence requires respect for others, respect that does not work to reduce their otherness to the sameness that is familiar. It is not enough that the face of another person arouses awareness. What pragmatic action does it require? This article explores the application of a Levinasian ethic on day-to-day practice in the academy. Weaving together short vignettes from daily work practice with principles of ethics from Emmanuel Levinas (1969, 1997), the author concludes with a vision of the possibility of creating a dwelling place based on dialogic ethics as …

Preachers, Politicians And People Of Character: A Rationale For The Centrality Of A Public-Speaking Course In The Core Curriculum, Blake J. Neff

Journal of the Association for Communication Administration

Administrators in colleges and universities across America continue to debate the relative advantages of education designed to develop vocational skills and education committed to the liberal arts. This essay demonstrates that public speaking as the basic communication course bridges the divide. That course provides a necessary vocational skill for a host of professions, and in addition strongly supports liberal arts by bringing instructional units in self-discipline, critical thinking, listening, and academic preparedness to the core curriculum.

Complete Issue Volume 32 Issue 1

Journal of the Association for Communication Administration

This is the complete issue for Volume 32, Issue 1 of the Journal of the Association for Communication Administration.

Advocating Offering Health Communication Certificates: Answering America’S Needs, Deborah Robson, Karen Sodowsky, Carl M. Cates

Journal of the Association for Communication Administration

This paper discusses the need for curriculum development in health communication and specifically advocates for creation of health communication certificates. Related learning outcomes are discussed through the reporting of results of student questionnaires related to course materials.

The Application Of Basic Communication Skills To Higher Education Administration, Kelly Rocca Delgaizo, Ann Bainbridge Frymier, Timothy P. Mottet

Journal of the Association for Communication Administration

Communication skills are a core requirement for administrators in higher education. Evidence for this proposition can be found in the job announcements for administrators and in the conferences they attend. The Council of Colleges of Arts and Sciences’ (CCAS) annual conference is a place for deans and other administrators from around the country to gather to work on becoming better at “deaning.” For the past few years, a pre-conference workshop titled “Conflict Management for Deans,” has been offered, and serves as a perfect example of the importance of our discipline to higher education administration. In a quick review of the …