Digital Commons Network^™

Physical Activity Newsletter English - Module 3, Unm Prevention Research Center

Module 3 Family Engagement Activities

Physical Activity Newsletter English - Module 3

Physical Activity Newsletter English - Module 4, Unm Prevention Research Center

Module 4 Family Engagement Activities

Physical Activity Newsletter English - Module 4

Nutrition Newsletter Spanish - Module 5, Unm Prevention Research Center

Module 5 Family Engagement Activities

Nutrition Newsletter Spanish - Module 5

Physical Activity Take Home Kit English - Module 2, Unm Prevention Research Center

Module 2 Family Engagement Activities

Physical Activity Take Home Kit English - Module 2

Nutrition Take Home Kits Spanish - Module 1, Unm Prevention Research Center

Module 1 Family Engagement Activities

Nutrition Take Home Kits Spanish - Module 1

Nutrition Newsletter English - Module 2, Unm Prevention Research Center

Module 2 Family Engagement Activities

Nutrition Newsletter English - Module 2

Physical Activity Newsletter English - Module 5, Unm Prevention Research Center

Module 5 Family Engagement Activities

Physical Activity Newsletter English - Module 5

Physical Activity Take Home Kit English - Module 6, Unm Prevention Research Center

Module 6 Family Engagement Activities

Physical Activity Take Home Kit English - Module 6

Neo-Democracy, National Security, And Liberty, David Cole

Georgetown Law Faculty Publications and Other Works

In his new book, Liberty and Security, Conor Gearty, professor of law at the London School of Economics and one of the United Kingdom’s leading authorities on civil liberties and national security, argues that many Western nations are in effect “neo-democracies” that fail systematically to live up to the fundamental egalitarian premises of true democracy, and that this development is seen in particular in the context of counter-terrorism policy. This review assesses that claim, and maintains that while Gearty is correct that many counter-terrorism measures are predicated on double standards, that critique is insufficient to answer the many difficult questions …

Bond V. United States: Can The President Increase Congress's Legislative Power By Entering Into A Treaty?, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

The proposition that treaties can increase the power of Congress is inconsistent with the text of the Treaty Clause, the Necessary and Proper Clause, and the Tenth Amendment. It is inconsistent with the fundamental structural principle that "[t]he powers of the legislature are defined, and limited."S It implies, insidiously, that that the President and the Senate can increase their own power by treaty. And it implies, bizarrely, that the President alone--or a foreign government alone--can decrease Congress's power and render federal statutes unconstitutional. Finally, it creates a doubly perverse incentive: an incentive to enter into foreign entanglements simply to increase …

A Systematic Plan For Firearms Law Reform, Katherine L. Record, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Tragedy after tragedy has drawn the nation’s attention towards gun violence. Yet the murder of 20 school children in Newtown, CT has done more to drive the national dialogue on gun control than any preceding mass shooting, not to mention the endemic murderous violence that plagues city streets day in and out. President Obama has responded by calling on Congress to (1) close background check loopholes; (2) ban assault weapons and high-capacity magazines; and (3) improve mental health services. All of these measures are necessary to curb gun violence. Yet, in a nation with more firearms per capita than anywhere …

The Gravitational Force Of Originalism, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In part I of this essay, prepared for the Fordham conference on “The New Originalism and Constitutional Law,” I describe four aspects of the New Originalism: (1) The New Originalism is about identifying the original public meaning of the Constitution rather than the original framers intent; (2) The interpretive activity of identifying the original public meaning of the text is a purely descriptive empirical inquiry; (3) But there is also a normative tenet of the New Originalism that contends that the original public meaning of the text should be followed; (4) Distinguishing between the activities of interpretation and construction identifies …

Proportionality In Constitutional And Human Rights Interpretation, Imer Flores

Georgetown Law Faculty Publications and Other Works

In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the hand to declare a unanimous winner, some critics and skeptics appeared. In addition, to the traditional objections, they worry that proportionality invites to doing unnecessary balancing between existing rights, inventing new rights out of nothing at all (in detriment of those already well-established ones), and even worse in doing so balancing some rights away. In order to answer …

Egypt's New Constitution: The Islamist Difference, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The paper discusses the distributional impact of the rules of the new Egyptian constitution (2012). It specifically addresses the way such rules, substantive and (potentially) procedural, can influence Egyptian law's identity and the underlying relations between the state and individuals and among individuals themselves that such identity implies.

The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

A reflection on the past, present and future of environmental law in this 20th Anniversary Edition offers an opportunity to revisit the Endangered Species Act, particularly the Northern Rocky Mountain States federal wolf reintroduction program. Environmental programs that depend on public support for their effectiveness are problematic when the government fails to understand and compensate for this fact. This essay explores the proposition that the federal government's failure to anticipate and respond to the negative reaction of people adversely affected by proposed solutions to environmental problems is contributing to a lack of progress despite great strides in our scientific understanding. …

The Dormant Second Amendment: Exploring The Rise, Fall, And Potential Resurrection Of Independent State Militias, Michael J. Golden

Georgetown Law Faculty Publications and Other Works

The term “militia” is polarizing, misunderstood, misapplied, and generally difficult for modern Americans to digest. That is not surprising, given the depth and breadth of American militia history and militias’ substantial evolution over four centuries.

Historically, militia simply refers to a broad-based civic duty to protect one’s fellow citizens from internal and external dangers and is not limited to activities involving firearms. Reestablishing militia’s true meaning and purpose—and reinvigorating independent state militias in the United States to effect that purpose—has the potential to address states’ emerging financial and security gaps and to produce multiple other significant benefits, including recalibrating federalism. …

Taxation, Risk, And Portfolio Choice: The Treatment Of Returns To Risk Under A Normative Income Tax, John R. Brooks

Georgetown Law Faculty Publications and Other Works

Many articles in the legal and economic literature claim that a pure Haig-Simons income tax cannot effectively tax investment income. This is because an investor can use leverage to gross up her investments in risky assets such that the increased gain (or loss) exactly offsets any income tax (or deduction) on the returns to risk-taking. This article argues, however, that while it is possible for an investor to make such portfolio shifts, she almost certainly will not because of the increased risk of doing so.

Central to any discussion of the effects of taxation on investment risk-taking is the meaning …

Ipos And The Slow Death Of Section 5, Donald C. Langevoort, Robert B. Thompson

Georgetown Law Faculty Publications and Other Works

Since its enactment, Section 5 of the Securities Act of 1933 has restricted sales-based communications with investors, but that effort is nearly dead even with respect to the most sensitive of offerings, the IPO. Our paper traces that devolution, which began almost as soon as the ’33 Act came into existence, though the SEC’s 2005 deregulatory reforms and Congress’ intervention in the JOBS Act of 2012. We show how much of this related to an embrace of “book-building” as the industry’s preferred method of price discovery, which requires private two-way communications between underwriters and potential sophisticated investors. But book-building (and …

Judges! Stop Deferring To Class-Action Lawyers, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

The idea for this article came from the author's representation of a national non-profit consumer rights organization in a federal appeal challenging a district court’s approval of a class-action settlement. The organization's appellate briefs argued that the district court committed a reversible legal error when it deferred to the class-action lawyers’ recommendation to approve the settlement because, in those lawyers’ views, the settlement was "fair, reasonable, and adequate" (which is the standard for class-action settlement approval under Federal Rule of Civil Procedure 23(e)). The district court also deferred to the lawyers' reputations as talented and honest lawyers.

In this article, …

The Wonder-Clause, Anna Gelpern, Mitu Gulati

Georgetown Law Faculty Publications and Other Works

The Greek debt crisis prompted EU officials to embark on a radical reconstruction of the European sovereign debt markets. Prominently featured in this reconstruction was a set of contract provisions called Collective Action Clauses, or CACs. CACs are supposed to help governments and private creditors to renegotiate unsustainable debt contracts, and obviate the need for EU bailouts. But European sovereign debt contacts were already amenable to restructuring; adding CACs could make it harder. Why, then, promote CACs at all, and cast them in such a central role in the market reform initiative? Using interviews with participants in the initiative and …

The Protected Profits Benchmark: Responses To Comments, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

In my earlier article, I proposed the “Protected Profits Benchmark” (PPB) price standard for determining whether or not a vertically integrated monopolist is engaged in a refusal to deal or price squeeze in violation of Section 2 of the Sherman Act. The PPB would be used where market benchmarks do not exist or do not apply. Violating the PPB price involves profit-sacrifice, which suggests anticompetitive animus. When products are homogeneous, a wholesale price that violates this price standard would exclude an equally efficient entrant. As a result, there will be less competition in the downstream (output) market in which the …

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 …

Banks And Governments: An Arial View, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Financial systems and public treasuries are communicating vessels: strength or weakness in one flows to the other, and back. This chapter considers the implications of this insight using case studies from Europe, Asia, and Latin America. The connection is not unique to Europe, although it does not always result in feedback effects, or the ‘doom loop’ that has made headlines since 2010. Events now known as banking or government debt crises often have had elements of both, and could have gone either way. Policy and political choices determined their path. In all cases, governments were as indispensable for resolving banking …

Originalism And The Unwritten Constitution, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In his book, America’s Unwritten Constitution, Akhil Reed Amar contends that to properly engage the written Constitution, scholars and laymen alike must look to extratextual sources: among them America’s founding documents, institutional practices, and ethos, all of which constitute Amar’s “unwritten Constitution.” In this article, the author argues that contemporary originalist constitutional theory is consistent with reliance on extraconstitutional sources in certain circumstances. He establishes a framework for revaluating the use of extratextual sources. That framework categorizes extratextual sources and explains their relevance to constitutional interpretation (the meaning of the text) and constitutional construction (elaboration of constitutional doctrine and …

Women’S Water, Women’S Work: Evaluating Decentralized Management Of Deep Borehole Wells For Improved Rural Water Access In Tawa Fall Village, Senegal, Tenly Elizabeth Snow

Graduate Student Theses, Dissertations, & Professional Papers

Throughout the developing world, countries face a number of issues regarding the health and welfare of their populations. One issue that stands out with critical and growing importance is the availability-and accessibility-of water. Across the Sahel, access to potable water for domestic use, as well as contaminant-free water for agricultural and animal husbandry purposes is of growing concern. This study evaluates Government of Senegal efforts at improving rural water access through public-private operation contracts to manage deep groundwater resources. In West Africa, Senegal currently counts itself among the few Sahelian countries having sufficient freshwater supplies to support its population’s growing …

The Relationship Between School Board Governance Behaviors And Student Achievement, Ivan J. Lorentzen

Graduate Student Theses, Dissertations, & Professional Papers

This non-experimental quantitative study examined the relationship between school board governance behavior (i.e. boardsmanship) and student achievement scores. Pearson's r correlation was utilized to examine the relationship. Boardsmanship was defined by scores on the Board Self-Assessment Survey (BSAS) © designed by, and used with permission from, the Washington State School Directors Association (WSSDA). The BSAS consisted of a 69 item survey organized around 5 board Standards, 22 Benchmarks, and 69 Key Indicators (i.e. survey items). Board members from all 121 high school districts in Montana were invited to participate in the online survey. Seventy-four board members from 27 school districts …

The Impact Of High School Principal's Technology Leadership On The Sustainability Of Corporate Sponsored Information Communication Technology Curriculum, Bruce Ryan Gottwig

Graduate Student Theses, Dissertations, & Professional Papers

The proliferation of information communication technology (ICT) has placed educational institutions in the forefront in educating and training students as skilled consumers, engineers, and technicians of this widely used technology. Corporations that develop and use ICT are continually building a skilled workforce; however, because of the growth and ultimately the need for a strong, skilled workforce they are reaching out to educational institutions to help bridge the gap in building this need. Corporations such as Cisco Systems, Microsoft, Oracle, Adobe, VMware, and others developed curricular programs that offer both K - 12 and higher education a means to educate and …

Color/Shape/Form/Space, Brett James Hargesheimer

Graduate Student Theses, Dissertations, & Professional Papers

Color/Shape/Form/Space begins at its title. The show is named with the same directness that I want the work to have: accessible, ready for consumption. Stripped of unnecessary information, the exhibition’s title needed to match the work itself, which expresses minimalistic tendencies, avoiding the superfluous. Everything needed to be consciously put together to operate as a well-designed whole. Simple and clear. It is the age that we live in that prompts me to be so forthright. Our present is defined by attention deficit digital connectivity. Accessibility and information sharing are rampant. With the possibilities being seemingly endless, it is an exciting …

Statistical Modeling Of Rare Stochastic Disturbance Events At Continental And Global Scales: Post-Fire Debris Flows And Wildland Fires, Karin Lynn Riley

Graduate Student Theses, Dissertations, & Professional Papers

Chapter 1: Frequency-magnitude distribution of debris flows compiled from global data, and comparison with post-fire debris flows in the western U.S. Forecasting debris flow hazard is challenging due to the episodic occurrence of debris flows in response to stochastic precipitation and, in some areas, wildfires. In order to facilitate hazard assessment, we have gathered available records of debris flow volumes into the first comprehensive global catalog of debris flows (n = 988). We also present results of field collection of recent debris flows (n = 77) in the northern Rocky Mountains, where debris flow frequency increases following wildfire. As a …

Silent Sentinels: Archaeology, Magic, And The Gendered Control Of Domestic Boundaries In New England, 1620-1725, C. Riley Auge

Graduate Student Theses, Dissertations, & Professional Papers

The following dissertation is an historical archaeological study of the material culture of gendered protective magic used by Anglo-Europeans in seventeenth-century New England as a tactic to construct boundaries that mitigated perceived personal, social, spiritual, and environmental dangers. Such boundary construction was paramount in the seventeenth-century battle between good and evil epitomized by the belief in and struggle against witchcraft. This dissertation sought to answer three interrelated research questions: 1) What constitutes protective magical material culture in seventeenth-century contexts and how is it recognizable in the archaeological record? 2) What signifies gender specific protective magical practices and what can these …