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Asian Review

No abstract provided.

Preface To The Special Issue Of Green Mining "Mineral Resources, Mining And Environmental Management In Asean", David A.C. Manning

Applied Environmental Research

This issue of Applied Environmental Research includes seven of the papers that were presented at a Regional Workshop on "Mineral Resources, Mining and Environmental Management in ASEAN", held in Bangkok from 6-8th June, 2013. The theme of the meeting concerned the approach to sustainable mining adopted by the different ASEAN nations that were able to attend, namely Thailand, Laos, Myanmar, Vietnam, and Indonesia, with additional papers from the UK and Germany. An important aspect of the meeting was to compare current practice in individual countries, and this is reflected in the content of the papers published here. Manning's paper on …

Environmental Management And Monitoring Of Mining Operation In Lao Pdr, Phengkhamla Phonvisai, Jiragorn Gajaseni

Applied Environmental Research

Overall, mining projects make a significant contribution to gross of domestic product (GDP) in Lao People's Democratic Republic (Lao PDR). Benefits include increased export revenues, provision of royalty and tax income to the government, technology transfer, worker training and the creation of a skilled workforce. This can also lead to improved social, physical, legal and financial infrastructure due to development around the mining areas such as roads, electricity and water distribution. Managed properly, economic benefits from mining projects can benefit future generations,even after operations have ceased. For Lao PDR, rapid expansion of the mining sector is seen as vital to …

Sustainable Mining In Thailand: Paradigm Shift In Environmental Management, Saneh Niyomthai, Annuwat Wattanawan

Applied Environmental Research

Thailand'smining industry has always been considered as an industrial activity generating significant environmental burdens. This is because environmental management in the sectorwas given lower prioritycompared with economic benefits. The resulting adverse environmental effects in areas surrounding some mining areas required government interventions.Accordingly, the sustainable development of mineral resources requires a delicate balance of economic, environmental and societal considerations. To respond to this challenge, Thailand needs a paradigm shift in environmental management towards sustainablemining, in order to maximize benefits from exploitation of the mineral resources,whilst ensuring co-existence and mutual benefits of mining activities and their surrounding communities.This article seeks to provide …

Silicate As The Probable Causative Agent For The Periodic Blooms In The Coastal Waters Of South Andaman Sea, Karthik Raji, Arun Kumar Muthuraj, Gadi Padmavati

Applied Environmental Research

Periodic algal blooms of three diatom species such as Coscinodiscus centralis, Rhizosolenia alata andRhizosolenia imbricata were observedduringSeptember 2011, December 2011 and March 2012 in the coastal waters of South Andaman Sea at Junglighat bay area (11° 39 N and 92° 43 E). The blooms were intense, with Coscinodiscus at aconcentration of 89,000 cells mL-1(contributing 85 to 98% to the total phytoplanktonpopulation), Rhizosolenia alataat a concentration of 13,000 cellsmL-1(86-93%) and Rhizosolenia imbricata at aconcentration of 19,000 cells. mL-1(91-99%). Nutrients, most importantly nitrate and silicate have emerged as the key factors controlling phytoplankton growth in this area

Utilization Of Cellular Glass Insulation Waste In Construction Materials, Thitikorn Buasomboon, Orathai Chavalparit

Applied Environmental Research

This research investigated the feasibility of using cellular glass insulation waste as fine aggregate in concrete paving block production. The effect of mixing proportions of cellular glass insulation waste at 0-40% by volume was studied. Results show that the amount of cellular glass waste can be used as a substitute for fine aggregate or sand up to 20%. Concrete specimens tested for compressive strength were found to be within an acceptable range of the interlocking concrete blockpavingstandard set byThailand Industrial Standards Institute. The compressive strength at 28 d was 41.50 MPa, with density ranging from 2.18 to 2.20 g cm-3. …

A Collaborative Policy Analysis Of A Proposed Vernal Pool Regulatory Mechanism, Vanessa R. Levesque, Kathleen P. Bell, Aram J. K. Calhoun

Faculty Publications

No abstract provided.

Inside The Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining the …

Toward A Jurisprudence Of The Civil Rights Acts, Robin West

Georgetown Law Faculty Publications and Other Works

What is the nature of the “rights,” jurisprudentially, that the 1964 Civil Rights Act legally prescribed? And, more generally, what is a “civil right”? Today, lawyers tend to think of civil rights and particularly those that originated in the 1964 Act, as antidiscrimination rights: our “civil rights,” on this understanding, are our rights not to be discriminated against, by employers, schools, landlords, property vendors, hoteliers, restaurant owners, and providers of public transportation, no less than by states and state actors, on the basis of race, gender, ethnicity, age, sexuality or disability. Contemporary civil rights scholarship overwhelmingly reflects the same conception: …

More Than A Feeling: Emotion And The First Amendment, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

First Amendment law has generally been leery of government attempts to change the marketplace of emotions—except when it has not been. Scientific evidence indicates that emotion and rationality are not opposed, as the law often presumes, but rather inextricably linked. There is no judgment, whether moral or otherwise, without emotions to guide our choices. Judicial failure to grapple with this reality has produced some puzzles in the law.

Part I of this Symposium contribution examines the intersection of private law, the First Amendment, and attempts to manipulate and control emotions. Only false factual statements can defame, not mere derogatory opinions. …

Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

In the summer of 2012, transactional law clinics from three U.S. law schools: George Washington University; Georgetown University; and the University of Michigan launched a collaboration to serve a common client—Ashoka, a global nonprofit organization that supports close to 3,000 social entrepreneurs across 76 countries. While clinic collaborations within universities happen occasionally, clinic collaborations across universities are unusual. This essay focuses on the motivations, operations, lessons, and next steps of this cross-university, clinical collaboration aimed at advancing social entrepreneurship globally. Specifically, this essay examines why the collaboration was launched, how the collaboration is structured, what the collaboration offers clients and …

Bulk Metadata Collection: Statutory And Constitutional Considerations, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The National Security Agency’s bulk collection of telephony metadata runs contrary to Congress’s intent in enacting the 1978 Foreign Intelligence Surveillance Act. The program also violates the statute in three ways: the requirement that records sought be “relevant to an authorized investigation;” the requirement that information could be obtained via subpoena duces tecum; and the steps required for use of pen registers and trap and trace devices. Additionally, the program gives rise to serious constitutional concerns. Efforts by the government to save the program on grounds of third party doctrine are unpersuasive in light of the unique circumstances of …

Governing For Health As The World Grows Older: Healthy Lifespans In Aging Societies, Lawrence O. Gostin, Anna Garsia

Georgetown Law Faculty Publications and Other Works

So much of global health governance focuses intensely on a brief moment in the human lifespan—from a safe birth to infant and child survival. Yet, with all the attention to this early window of life (infancy to age five), the opposite end of the life spectrum is comparatively neglected. The Millennium Development Goals (MDGs) do not mention a healthy lifespan or a healthy old age. This inadequate attention to the older years of the life appears to be a glaring omission given the universal challenges posed by aging societies. Aging is a demographic fact in almost all countries, but it …

Process, Practice, And Principle: Teaching National Security Law And The Knowledge That Matters Most, James E. Baker

Georgetown Law Faculty Publications and Other Works

The meaningful application of national security law requires a commitment to substantive knowledge, good process, and a capacity to cope (and indeed thrive) under the prevailing conditions of practice. This paper describes how and why to teach these three essential elements of national security law from an academic and practitioner perspective.

The paper starts with substantive law, placing emphasis not just on the breadth of knowledge and interpretive skills required, but also on the importance of depth, perspective, theory, purpose, history, and legal values in teaching the law. Next, the paper describes the importance of timely, meaningful, and contextual process, …

Challenges On The Road To School Success For Low Socio-Economic And Minority Students School Dropout And Parent Involvement, Rose A. Hall

Graduate Student Dissertations, Theses, Capstones, and Portfolios

As the United States struggles to keep its students competitive in a global society, dropout rate reduction has been a priority for large urban school districts. Students have a less than a 50-50 chance of graduating from high school with their peers in big-city school districts like New York City and Chicago, where far fewer than half graduate each spring, according to a 2006 research study (Toppo, 2006). The promotion and implementation of parent involvement is a major key to confronting school dropout, especially low-income, minority students leaving school early without graduating. "Minority, low income families are repeatedly found to …

The Language Of Mens Rea, Kenneth Simons, Matthew R. Ginther, Francis X. Shen, Richard J. Bonnie

Faculty Scholarship

This article answers two key questions. First: Do jurors understand and apply the criminal mental state categories the way that the widely influential Model Penal Code (MPC) assumes? Second: If not, what can be done about it?

Private Policing Of Mergers & Acquisitions: An Empirical Assessment Of Institutional Lead Plaintiffs In Transactional Class And Derivative Actions, David H. Webber

Faculty Scholarship

Transactional class and derivative actions have long been controversial in both the popular and the academic literatures. Yet, the debate over such litigation has thus far neglected to consider a change in legal technology, adopted in Delaware a dozen years ago, favoring selection of institutional investors as lead plaintiffs in these cases. This Article fills that gap, offering new insights into the utility of mergers and acquisitions litigation. Based on a hand-collected dataset of all Delaware class and derivative actions filed from November 1, 2003 to December 31, 2009, I find that institutional investors play as large of a role …

The Core Of Copyright: Authors, Not Publishers, Wendy J. Gordon

Faculty Scholarship

Copyright largely consists of alienable rights and correlative duties — rights of exclusion given to individuals, and correlative duties not-to-copy imposed on the public. This Article argues that such right/duty pairs arise out of authorial creation. A focus on creation is not very popular at the moment; a growing number of commentators take the position that copyright is “about” making publishing and other dissemination industries more efficient and stronger. The Article encourages the legal community instead to return to the focus that the Supreme Court articulated in Feist Publications, namely, that copyright must serve creative authorship rather than noncreative labor. …

Principled Standards Vs. Boundless Discretion: A Tale Of Two Approaches To Intermediary Trademark Liability Online, Stacey Dogan

Faculty Scholarship

Over the past decade, courts have developed two distinct approaches in evaluating trademark claims against online intermediaries. In one – contributory infringement – courts struggle with the tension between preserving legitimate, non-infringing uses of technologies, on the one hand, and minimizing infringement, on the other. In the other – direct infringement – liability turns on perceived wrongdoing by intermediaries whose own behavior increases the risk of consumer confusion. This second type of liability boasts neither a clear doctrinal framework nor a coherent normative vision. Most troublingly, the scant case law has paid little attention to issues at the core of …

An Analysis Of Capacity Issues Within The Division Of Mental And Behavioral Health For The State Of Nevada, Jeffrey Buchwald, Tara Cooley, Enrique Mazon Jr., Jessica Sifuentes

UNLV Theses, Dissertations, Professional Papers, and Capstones

Background

Nevada’s competitiveness in receiving federal funding has been a serious and contentious topic that has steered recent efforts to ascertain ways the state can increase and utilize federal dollars efficiently. Nevada is positioned 53rd out of 53 U.S. states and territories in bringing federal dollars to the state, missing out on $1.5 billion annually (Gustafson, 2012). Nevada spends far less on Medicaid (per capita) than any other state. Medicaid is a key factor in improving Nevada’s position; however, there are additional non-formula funding opportunities that are missed every year.

Purpose

The purpose of this evaluation project is to identify …

Review Of Putting Intellectual Property In Its Place: Rights Discourses, Creative Labor And The Everyday By Laura J. Murray, S. Tina Piper & Kirsty Robertson, Jessica Silbey

Faculty Scholarship

This book is an interdisciplinary marvel. Its focus on creative communities and their practices avoids the frequent pitfalls of intellectual property (IP) scholarship: a myopic focus on the utilitarian and economic theories of IP. The authors acknowledge these dominant themes in much of IP scholarship, but they deliberately take a different tract. As such, this book cannot help but be generous and broad-minded in both its subject matter and range of detail. The authors, a trio of academics - two in the humanities and one in law - set out to explore how creative communities work, theorizing (and they turned …

Afterword: Conferring About The Conference, Jessica Silbey, Aaron Perzanowski, Marketa Trimble

Faculty Scholarship

We heard at the conference five rich papers, all addressing in one way or another the conference's theme: "ReCalibrating Copyright: Continuity, Contemporary Culture, and Change." Professor Craig Joyce, in his capacity as conference convener, asked us as Fellows, at the end of the day of presentations and discussions, how we thought the Presenters' papers spoke to each other and to the conference's focus.

Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai

Faculty Scholarship

This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …

Clinical Trial Transparency - Antidote To Increased Off-Label Promotion?, Kevin Outterson

Faculty Scholarship

Abstract

Clinical trial transparency will improve the accuracy and reliability of biomedical science, while also reducing the burdens on both trial participants and sponsors.

Persuasive Visions: Film And Memory, Jessica Silbey

Faculty Scholarship

This commentary takes a new look at law and film studies through the lens of film as memory. Instead of describing film as evidence and foreordaining its role in truth-seeking processes, it thinks instead of film as individual, institutional and cultural memory, placing it squarely within the realm of contestability. Paralleling film genres, the commentary imagines four forms of memory that film could embody: memorabilia (cinema verite), memoirs (autobiographical and biographical film), ceremonial memorials (narrative film monuments of a life, person or institution), and mythic memory (dramatic fictional film). Imagining film as memory resituates film’s role in law (procedural, substantive …

Early Fults/Fultz Book 1, Carter County Genealogical Society

Carter County Genealogy Collection

A family history of the descendants of Obadiah Fultz, and the early Fultz family of Carter County, Kentucky.

Perceptions Of Efficacy, Morality, And Politics Of Potential Cadaveric Organ-Transplantation Reforms, Christopher Robertson, David V. Yokum, Megan S. Wright

Faculty Scholarship

We sought to explore the political feasibility of potential policy reforms to address the shortage of cadaveric organs for transplantation in America. We recruited 730 human subjects from an online population and assigned them to writing tasks that experimentally manipulated the salience of moral and posthumous risks. Subjects read 95-word descriptions of six proposed policy reforms, rating efficacy, morality, and overall support for each. We created weighted estimates of the overall potential support for each reform (WEOS), correcting for the skew in our study population to very roughly approximate the political affiliations of the American public.

The data suggest that …

The Ftc And The New Common Law Of Privacy, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite over fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become …

Reviving Implied Confidentiality, Woodrow Hartzog

Faculty Scholarship

The law of online relationships has a significant flaw-it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts' abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

The Value Of Modest Privacy Protections In A Hyper Social World, Woodrow Hartzog

Faculty Scholarship

Two of the greatest modem challenges to protecting personal information are determining how to protect information that is already known by many and how to create an adequate remedy for privacy harms that are opaque, remote, or cumulative. Both of these challenges are front and center for those who seek to protect socially shared information. Social media and wearable communication technologies like Google Glass present vexing questions about whether information that is known by many can ever be "private," what the privacy harm might be from this information's misuse, and how to remedy such harms in balance with competing values …