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Asian Review

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Notes To Contributors

Asian Review

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Effect Of Ecological Factors On Vegetation And Carbon Stock On Samaesan Island, Chonburi Province, Thailand, Nathsuda Pumijumnong, Paramate Payomrat

Applied Environmental Research

This study aims to classify this littoral evergreen forest and to analyze the environmental factors that determine its composition and structure and evaluate the potential of carbon stock of each vegetation community. Seventy-five plots were sampled, the plant cover was measured, and the importance value index was calculated. Thirty-seven soil samples were analyzed, and cluster analysis was employed to classify the vegetation communities. Floristic and environmental data were evaluated and ordered using the canonical correspondence analysis (CCA). THEOS was applied to classify the vegetation boundary. Allometric equations were used to calculate the aboveground biomass. The results revealed that the vegetation …

Urban Heat Island Phenomenon In Relation To Land Use/Land Cover In Bangkok Metropolitan Administration Area, Parinya Chayapong, Songkot Dasananda

Applied Environmental Research

The urban heat island (UHI) phenomenon can be found in the megacities around the world where near-surface temperatures over the city core area were notably higher than those over the surrounding rural area. Intensity of the UHI phenomenon (\inline \DeltaT) was usually measured by the temperature differences between urban locations and some refereed rural sites. This situation was resulted mainly from the presence of dense builtup elements, e.g. commercial buildings or houses, as well as human activities that tended to release considerable heat into atmosphere. At present, the UHI monitoring can be done efficiently by using satellite-based thermal infrared (TIR) …

Metal Concentrations In The Water And Bedrock Of Ogun River, Nigeria, Anslem Diayi, Michael Gbadebo

Applied Environmental Research

Parts of the Ogun River basin namely Mokoloki, Brewery, Akomoje, Akin Olugbade, Lafenwa, Oyan, Arakanga, and Kara were surveyed to determine the effects of bedrock metals on the water quality of the river. Physicochemical analyses were done on the bedrock and water samples obtained while bedrock trace metal analyses were determined using the Inductively Coupled Plasma Optical Emission Spectrometry. Water trace metal analyses were carried out by Atomic Absorption Spectrometry (AAS). Data obtained were subjected to the Duncan Multiple Range Test (DMRT). Results obtained showed that Cadmium (Cd) (0.425-1.990 ppm for bedrock samples and 0.005-0.011 mg L-1 for water samples) …

Livelihood Dynamic In Semi Arid Communities: Adapting To Climate Change Around Kainji Lake, Nigeria, Usman Raheem, Felix Olorunfemi, Olutoyin Fashae, Gbenga Awotayo

Applied Environmental Research

The consequences of climate change and extreme meteorological events, particularly for rural dwellers is the collapse of many natural resource based livelihood systems. Thus as an adaptation strategy, many households often need to change their major occupation or supplement it with some other jobs that may be less vulnerable to during extreme weather conditions. This study examines livelihood diversification consequent on climate change and/or extreme weather events in the semi-arid regions of Nigeria. This is with a view to determining the sustainability of adaptation strategies among rural dwellers. Using a mixed method approach, Focus Group Discussion sessions and structured questionnaire …

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 …

This Little City': Constructed Colonialism At The 1922 Colonial Exposition Of Marseille, Allison Ranshous , '13

Senior Theses, Projects, and Awards

This paper explores the intersection of race and French colonial policy at the 1922 National Colonial Exposition of Marseille, which occurred in the midst of Europe's "exposition fever," during the late nineteenth and early twentieth centuries. I posit that the Exposition introduced the paradox of formal, constructed colonial exhibits that were posed against the backdrop of a thriving French city reaping the economic benefits of its colonial exploitation. I also address the question of whether or not native colonial workers, artists, and artisans could be considered truly "modern" if they were continually provincialized and racialized by French colonialists during the …

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.

Review Of The Verdict Of Battle: The Law Of Victory And The Making Of Modern War, Robert D. Sloane

Faculty Scholarship

This is a brief review of The Verdict of Battle: The Law of Victory and the Making of Modern War (2012), by James Q. Whitman, a remarkably erudite and original contribution to scholarship on military history and the law of war. It sketches the work’s compelling historical arguments and then critiques its (comparatively modest) polemical dimensions and normative conclusions.

Government Disapproval Of Religion, Jay D. Wexler

Faculty Scholarship

The Supreme Court’s “Endorsement Test” for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government “endorsement” of religion, however, the test also prohibits the government from sending a message of “disapproval” of religion. The disapproval side of the Endorsement Test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …

Dissemination Must Serve Authors: How The U.S. Supreme Court Erred, Wendy J. Gordon

Faculty Scholarship

The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed ground that copyright law could legitimately seek to promote nonauthorial interests; apparently, Congress could enact provisions aiming to support noncreative disseminative activities such as publishing, or restoring and distributing old film stock, even if authorial incentives were not served. Such an error might have arisen because of three phenomena (in economics, history, and law, respectively) that might easily …

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 …

Midnight Rules: A Reform Agenda, Jack M. Beermann

Faculty Scholarship

There is a documented increase in the volume of regulatory activity during the last 90 days of presidential administrations. The phenomenon of late-term regulatory activity has been called “Midnight Regulation” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Report, prepared for the Administrative Conference of the United States, looks closely at one species of Midnight Regulation, namely Midnight Rules, promulgated in the last 90 days of an administration. The Report examines the phenomenon and concludes with recommendations adopted by the Administrative Conference of the United States at its …

Concert Recording 2013-10-09, Stephen Thorn, Chase Teague, Alex Grisos, Nathan Cunningham, Dylan Gililland, Stephan Mitchell, Kristine Mezines, Corey Divine

Concert Recordings & Programs

Intrada / Arthur Honegger -- Andante et allegro / Joseph Guy Ropartz -- Legend / George Enescu -- Concerto / Aleksandr Arutunian -- Sonata for trumpet and piano. Mabig bewegt ; Trauermusik, alle menschen mussen sterben / Paul Hindemith -- Oliver's birthday / Bruce Broughton

Concert Recording 2013-04-05, Richard Rulli, Jennifer Fox, Corey Divine, Matthew Kamilos, Philip Elsbecker, University Of Arkansas Fayetteville. Trumpet Ensemble, Nathan Cunningham

Concert Recordings & Programs

Canzon cornetto / Samuel Scheidt -- Suite for five trumpets / Ronald Lo Presti -- Cinq bagatelles / Pierre Max Dubois -- Prelude, air and fugues / Amedeo de Filippi -- Five steps to the answer. Call (opener) ; Inquiry (jazz waltz) ; Search (rock) ; Fact (ballade) ; Recall (be-bop) / Wolf Escher

Night Of The Living Dead Hand: The Individual Mandate And The Zombie Constitution, Gary S. Lawson

Faculty Scholarship

If someone had told me on June 27, 2012, that five Justices of the U.S. Supreme Court were about to hold in National Federation of Independent Business v. Sebelius 1 (NFIB) that the individual mandate provision in the Patient Protection and Affordable Care Act 2 (PPACA) was not constitutionally authorized either by the Commerce Clause or the Necessary and Proper Clause, 3 I would have popped a cork. I don't even drink, but I would have popped the cork on principle just to hear the sound (and also to irritate my colleagues, most of whom revere the PPACA the way …

Due Process In Islamic Criminal Law, Sadiq Reza

Faculty Scholarship

Rules and principles of due process in criminal law--how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted--appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …

Who Will Regulate Class Action Lawyers?, Nancy J. Moore

Faculty Scholarship

In 2003, I published an article entitled “Who Should Regulate Class Action Lawyers?”1 In that article, I defended the decision of the American Bar Association’s (“ABA”) Commission on Evaluation of the Model Rules of Professional Conduct (the “Ethics 2000 Commission”), for which I was Chief Reporter, not to propose any substantial amendments to the ABA Model Rules of Professional Conduct (“Model Rules”) concerning the ethical conduct of class action lawyers.

There are many ethical issues that confront class action lawyers. In my 2003 article, I focused on conflicts of interest—an issue that courts and commentators have had difficulty resolving and …

The Rights Of Palestinian Refugees And Territorial Solutions In Historic Palestine, Susan M. Akram

Faculty Scholarship

The chapter addresses the territorial implications of the rights of Palestinian refugees in the Israeli-Palestinian conflict as measured under international law. The chapter focuses on the central issues, addressing the questions: how do rights of return, property restitution and compensation affect the claims to state territory? Concerning self-determination in the territory of former Palestine, which people are entitled to self-determination -- Palestinians, the Jewish people, Israeli Jews, or Israelis? And over which territory are the 'people' entitled to exercise their self-determination. The main legal principles and sources that provide the framework to address these questions are set out and examined.

Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims

Faculty Scholarship

It has been over thirty years since Congress added to the Internal Revenue Code section 170(h), which allows a deduction for contributions to charity of “qualified conservation restrictions,” commonly known as “conservation easements”. That provision was adopted over the objections of the Treasury, who had expressed reservations of both a conceptual and practical nature about the legislation, which the Treasury viewed as more than ordinarily vulnerable to abuse. I was invited to participate in this symposium, not because I have any expertise in working with these restrictions—I don’t—but to provide some perspective on what might have motivated the Treasury thirty-plus …

With Liberty And Access For Some: The Aca's Disconnectfor Women's Health, Nicole Huberfeld

Faculty Scholarship

The ACA denies to women the "basic security" of providing insurance for a procedure that statistics show one in three women will need during their reproductive lifetime. On one hand, the access-enhancing elements of the ACA are likely to help women, who earn lower wages, need more medical care, and live longer than men, to gain access to preventive and regular healthcare and to keep the insurance that they have. On the other hand, poor women and women of color will lose ground in access to abortion, because the ACA prevents insurance payment for abortions through both public and private …

Where There Is A Right, There Must Be A Remedy (Even In Medicaid), Nicole Huberfeld

Faculty Scholarship

The anticipated growth of Medicaid under the ACA will likely aggravate an ongoing dispute surrounding private enforcement of the Medicaid Act. The Medicaid Act does not provide a private right of action except when a person who is eligible for Medicaid is denied entry into the program. Nevertheless, historically, both Medicaid providers and beneficiaries have been able to protect their rights through 42 U.S.C. § 1983, which allows individuals to seek redress against states in federal court for violations of statutory or constitutional rights, or through the Supremacy Clause, which prevents states from enacting laws that violate superseding federal laws. …