Digital Commons Network^™

The First Year: Integrating Transactional Skills, Lynnise E. Pantin

Faculty Scholarship

My name is Lynnise Pantin. I teach at New York Law School, and my talk today focuses on integrating transactional skills into the first-year curriculum.

As a first premise, the law school curriculum is dominated by litigation oriented skills, and I can argue that there is a litigation bias that is pervasive in legal education. I am hoping that, by engaging with those of you who teach first year students, we can start to talk about creating and developing transactional skills within a context that is already there in the first-year curriculum.

The Future Of Public Funding, Richard Briffault

Faculty Scholarship

The title of my talk today is the “the future of public funding,” and I am tempted to say “there’s not much future” for public funding. The 2012 presidential election marked the first time since the presidential public funding law was enacted in 1974 that neither major party presidential candidate accepted public funding in the general election and the first time that no significant contender for a major party nomination accepted public funding in the primary phase. Congressional public funding appears dead in the water. In the last Congress, public funding proposals were referred to House and Senate committees, where …

Survey Of 2012 Cases Under State Environmental Quality Review Act, Michael B. Gerrard

Faculty Scholarship

The courts issued 55 decisions in 2012 under the State Environmen­tal Quality Review Act (SEQRA).1 As this annual survey shows, especially important decisions concerned the necessity of supplemental environmental impact statements (EISs), and the relationship of SEQRA to various federal laws.

The State Department of Environmental Conservation (DEC) was also busy. On Jan. 15, 2012, DEC adopted revised short and full environmental assessment forms, which are used in determining whether full EISs are needed. The new forms become effective on Oct. 7, 2013. They will be accompanied by workbooks and by an updated web-based geographic information system search engine to …

Do Bad Things Happen When Works Enter The Public Domain?: Empirical Tests Of Copyright Term Extension, Christopher Buccafusco, Paul J. Heald

Articles

The international debate over copyright term extension for existing works turns on the validity of three empirical assertions about what happens to works when they fall into the public domain. Our study of the market for audio books and a related human subjects experiment suggest that all three assertions are suspect. We demonstrate that audio books made from public domain bestsellers (1913-22) are significantly more available than those made from copyrighted bestsellers (1923-32). We also demonstrate that recordings of public domain and copyrighted books are of equal quality. While a low quality recording seems to lower a listener's valuation of …

Chief Justice Robert's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian

Scholarship@WashULaw

After the U.S. Supreme Court in National Federation of Independent Business v. Sebelius held nearly all of the Patient Protection and Affordable Care Act constitutional, praise rained down on Chief Justice John Roberts. The Chief Justice’s lead opinion broke with his usual conservative allies on the Court by upholding the Act’s individual mandate under the Taxing Clause. Numerous academic and popular commentators have lauded the Chief Justice for his political courage and institutional pragmatism. In this essay, Professor Magarian challenges the heroic narrative surrounding the Chief Justice’s opinion. The essay contends that the opinion is, in two distinct senses, fundamentally …

Constitutional Uncertainty And The Design Of Social Insurance: Reflections On The Obamacare Case, Michael J. Graetz, Jerry L. Mashaw

Faculty Scholarship

In 2010, Barack Obama signed the Patient Protection and Affordable Care Act (the ACA), a complex statute of more than nine hundred pages that fulfilled his goal of extending health-insurance coverage to virtually all Americans – an objective that previous U.S. presidents had sought and failed to achieve for a century. This legislation was hotly contested in the Congress, passing with the support of very few Republicans in the Senate and none in the House.

To broaden access to health insurance, the ACA relies primarily on two devices: (1) an expansion to Medicaid – a joint federal-state health-insurance program for …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

Faculty Publications 2012, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 821 publications.

Parsing Judicial Activism, Scott Dodson

Faculty Scholarship

No abstract provided.

Green Harms Of Green Projects, John Copeland Nagle

Journal Articles

This article describes the recent development of renewable energy to examine environmental law’s three contrasting approaches to the green harms of green projects. Sometimes the law allows the green benefit regardless of the green harm. Sometimes the law prohibits the green harm regardless of the green benefit. And sometimes the law allows a balancing of all of the harms and benefits, green or not. Given these options, I argue that the law should not ignore or understate green harms even if they are caused by green projects. There are some types of green harms that no benefit can justify. But …

Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

In NFIB v. Sebelius, the Supreme Court’s recent case addressing the constitutionality of the Affordable Care Act, the Court concluded that the expansion of Medicaid in that Act was unconstitutionally coercive and therefore exceeded the scope of Congress’s authority under the Spending Clause. This was the first time that the Court treated coercion as an issue of more than mere theoretical possibility under the Spending Clause. In the wake of the Court’s decision, commentators have expressed either the concern or the hope that NFIB’s coercion analysis may lead to the undoing of much of the federal regulatory state, …

Distinguishing Probability Weighting From Risk Misperceptions In Field Data, Levon Barseghyan, Francesca Molinari, Ted O'Donoghue, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

The paper outlines a strategy for distinguishing rank-dependent probability weighting from systematic risk misperceptions in field data. Our strategy relies on singling out a field environment with two key properties: (i) the objects of choice are money lotteries with more than two outcomes and (ii) the ranking of outcomes differs across lotteries. We first present an abstract model of risky choice that elucidates the identification problem and our strategy. The model has numerous applications, including insurance choices and gambling. We then consider the application of insurance deductible choices and illustrate our strategy using simulated data.

A Thought Experiment, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

Herewith, Justice Antonin Scalia's long lost dissenting opinion in Brown v. Board of Education.

The Interpretation-Construction Distinction In Patent Law, Tun-Jen Chiang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The ambiguity of claim language is generally considered to be the most important problem in patent law today. Linguistic ambiguity is believed to cause tremendous uncertainty about patent rights. Scholars and judges have accordingly devoted enormous attention to developing better linguistic tools to help courts understand patent claims.

In this article, we explain why this diagnosis is fundamentally wrong. Claims are not often ambiguous, and linguistic ambiguity is not a major cause of the uncertainty in patent law today. We shall explain what really causes the uncertainty in patent rights, how the erroneous diagnosis of linguistic ambiguity has led the …

Stochastic Constraint, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This essay reviews Power and Constraint: The Accountable Presidency After 9/11 by Jack Goldsmith (2012).

With The Terror Presidency, Professor Jack Goldsmith wrote, hands down, the very best analysis of the national security issues surrounding President George W. Bush's tenure. In Power and Constraint: The Accountable Presidency After 9/11, Goldsmith returns to the same set of problems, but adopts a different tack. He argues that the modern wartime Executive is constrained in new ways beyond the traditional system of checks and balances, and that these new constraints combine to create an effective system that checks executive power. Though …

Drones And The International Rule Of Law, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay will proceed in four parts. First, it will briefly discuss the concept of the international rule of law. Second, it will offer a short factual background on US drone strikes (to the extent that it is possible to provide factual background on a practice so shrouded in secrecy). Third, it will highlight some of the key ways in which post 9/11 US legal theories relating to the use of force challenge previously accepted concepts and seek to redefine previously well-understood terms. Fourth, it will offer brief concluding thoughts on the future of the international rule of law in …

Settled Versus Right: Constitutional Method And The Path Of Precedent, Randy J. Kozel

Journal Articles

Constitutional precedents give rise to a jurisprudential tug-of-war. On one side is the value of adhering to precedent and allowing the law to remain settled. On the other side is the value of departing from precedent and allowing the law to improve. In this Article, I contend that negotiating the tension depends on bridging the divide between constitutional precedent and interpretive method. My aim is to analyze the ways in which theories of precedent are, and are not, derivative of overarching methods of constitutional interpretation. I seek to demonstrate that although certain consequences of deviating from precedent can be studied …

Oneironaut: New And Used Poems, Mark Bonica

Faculty Publications

From dream invading penguins to retired poker players, Hermes on a skateboard and Dionysus drinking Mad Dog, butterflies and stock markets, astronomy explained with Jell-O, flying pianos and elves who work at the grocery store - this second collection of poetry from Mark Bonica, following up on "Accounting, An Introduction", explores a variety of emotions, moods, and life moments using devices from the understated ordinary to the fantastical.

The Public Pension Crisis, Jack M. Beermann

Faculty Scholarship

Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not too distant future. This article takes a looks at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The article then turns to ask if states could implement meaningful reforms without violating either state or federal …

Effects Of Direct Instruction And Corrective Feedback On Second Language Acquisition, Don Jones, Helen Ramirez

Walden Faculty and Staff Publications

ABSTRACT

This study compared the effectiveness of differing instructional approaches used within two units of study in Spanish classes at a suburban middle school. The purpose of this quantitative, pre-experimental study was to determine if direct instruction in grammar and vocabulary combined with a variety of corrective feedback types would facilitate higher levels of second language acquisition than an instructional approach that concentrated on student activity and task performance. The theoretical base of the present study focused on associative-cognitive second language theories and hypotheses that explained how second language learning occurs. The purposive convenience sample was comprised of 86 students …

Church-State Cooperation Does Not Violate A Guarantee Of Religious Freedom: A Study Of The 1978 Spanish Constitution And 1979 Concordat With The Catholic Church, Melissa Curvino

Emory International Law Review

For much of Spanish history, to be a Spaniard and to be a Catholic were understood as equivalent. Spain had seven different constitutions in a span of 150 years and the question of religion was one of the main issues in each new constitution. From the early 1800s until the Constitution of 1978 Spain oscillated between two extremes: on one side, complete identification of the Church with the state; and on the other, state discouragement and restriction of the Church. Neither extreme provided for religious freedom. The Constitution of 1978 was different. It struck a workable balance in church-state relations …

Nothing Certain About Death And Taxes (And Inheritance): European Union Regulation Of Cross-Border Successions, Jennifer Bost

Emory International Law Review

On July 4, 2012, after almost fifteen years of preparatory work, the European Parliament and the Council of the European Union (Council) passed a regulation intended to simplify international inheritance cases. The Regulation addresses issues regarding appropriate jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments for international inheritance (Cross-Border Succession). It also creates a European Certificate of Succession. However, the Regulation expressly does not apply to any tax issues related to inheritance.

Mentoring In Online Doctoral Education, Alice A. Walters, William Barkley

Walden Faculty and Staff Publications

Online higher education is a growing source of educational attainment for both traditional and nontraditional students. This research integrates rapid expansion of online learning with mentoring practices in graduate education aimed to increase student success rates. Presented are results from a qualitative case study analyzing one quarter of pilot data from an online doctoral mentoring forum. Major themes of student discussion included program processes, relational interactions, and professional development. Study findings increase understanding perceived needs of human services doctoral students. Implications of the research lead to increasing effectiveness of graduate mentoring and improved student success rates in online education.

Recent Developments In Third-Party Funding, Victoria Sahani

Faculty Scholarship

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …

Here, We Are Walking On A Clothesline: Statelessness And Human (In)Security Among Burmese Women Political Exiles Living In Thailand, Elizabeth Hooker

Dissertations and Theses

An estimated twelve million people worldwide are stateless, or living without the legal bond of citizenship or nationality with any state, and consequently face barriers to employment, property ownership, education, health care, customary legal rights, and national and international protection. More than one-quarter of the world's stateless people live in Thailand. This feminist ethnography explores the impact of statelessness on the everyday lives of Burmese women political exiles living in Thailand through the paradigm of human security and its six indicators: food, economic, personal, political, health, and community security. The research reveals that exclusion from national and international legal protections …

Characterization Of Nano-Scale Aluminum Oxide Transport Through Porous Media, Sasha Norien Norwood

Dissertations and Theses

Land application of biosolids has become common practice in the United States as an alternative to industrial fertilizers. Although nutrient rich, biosolids have been found to contain high concentrations of emerging contaminants (e.g. pharmaceuticals, personal care products) while containing a significant fraction of inorganic nano-scale colloidal materials such as oxides of iron, titanium, and aluminum.

Given their reactivity and small size, there are many questions concerning the potential migration of these nano-sized colloidal materials through the soil column and into our surface and groundwater bodies. Transport of emerging pollutants of concern through the soil column, at minimum, is impacted by …

Optimal Network Topologies And Resource Mappings For Heterogeneous Networks-On-Chip, Haera Chung

Dissertations and Theses

Communication has become a bottleneck for modern microprocessors and multi-core chips because metal wires don't scale. The problem becomes worse as the number of components increases and chips become bigger. Traditional Systems-on-Chips (SoCs) interconnect architectures are based on shared-bus communication, which can carry only one communication transaction at a time. This limits the communication bandwidth and scalability. Networks-on-Chip (NoC) were proposed as a promising solution for designing large and complex SoCs. The NoC paradigm provides better scalability and reusability for future SoCs, however, long-distance multi-hop communication through traditional metal wires suffers from both high latency and power consumption. A radical …

Factors Influencing Social, Cultural, And Academic Transitions Of Chinese International Esl Students In U.S. Higher Education, Akiko Ota

Dissertations and Theses

The U.S. is the leading nation for international students to pursue higher education; the majority of whom are from countries with significant differences in culture and language from American students. As such, many international students start higher education in ESL support programs. While on the surface international students supposedly add cultural and linguistic diversity to American higher education by contributing to the internationalization of campuses, international students' transition into U.S. life and academe is often fraught with challenges including culture shock, adjusting to the new environment and society, adjustment to norms of academic performance, acquisition of academic and language skills, …

Comparison Of Healthcare Experiences In Autistic And Non-Autistic Adults: A Cross-Sectional Online Survey Facilitated By An Academic-Community Partnership, Christina Nicolaidis, Dora Raymaker, Katherine E. Mcdonald, Sebastian Dern, Cody Boisclair, Elesia Ashkenazy, Amelia E.V. Baggs

School of Social Work Faculty Publications and Presentations

BACKGROUND

Little is known about the healthcare experiences of adults on the autism spectrum. Moreover, autistic adults have rarely been included as partners in autism research.

OBJECTIVE

To compare the healthcare experiences of autistic and non-autistic adults via an online survey.

METHODS

We used a community-based participatory research (CBPR) approach to adapt survey instruments to be accessible to autistic adults and to conduct an online cross-sectional survey. We assessed preliminary psychometric data on the adapted scales. We used multivariate analyses to compare healthcare experiences of autistic and non-autistic participants.

RESULTS

Four hundred and thirty-seven participants completed the survey (209 autistic, …

Youth Advocate To Advocate For Youth: The Next Transition, Lacy Kendrick Burk, Johanna Bergan

School of Social Work Faculty Publications and Presentations

A growing youth movement across the country has developed a vast number of youth and young adult leaders who are passionate and experienced in sharing their stories to create positive systems change. Many strong youth groups and organizations, authentic youth/adult partnerships, federal grant programs, and research and training centers across the country support this movement. Even more importantly, the movement is sustained by the energy and passion of the young leaders and those who support youth voice.

This guide is intended for young people who have chosen to utilize their lived experience as a mechanism to advocate for positive change. …