Digital Commons Network^™

Reflections On A More “Catholic” Catholic Legal Education, William M. Treanor

Georgetown Law Faculty Publications and Other Works

I am grateful to Professors Breen and Strang for their thoughtful book about Catholic legal education in the United States. It is an important topic, and their work promises to be a significant contribution to the conversation about the mission of Catholic law schools. My reflections here will focus on Chapter Five.

All of us participating in this symposium are engaged in the collective enterprise of thinking through and implementing what it means to be a Catholic law school. As a historian, personally I am well aware of the value of studying where we have been as part of the …

Techno-Optimism & Access To The Legal System, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

For legal technologists, apps raise the prospect of putting the law in the hands of disadvantaged people who feel powerless to deal with their legal problems. These aspirations are heartening, but they rest on unrealistic assumptions about how people living in poverty deal with legal problems. People who are poor very rarely resort to the law to solve their problems. In the situations when they do seek solutions, they confront educational and material impediments to finding, understanding, and using online legal tools effectively. Literacy is a significant barrier. More than 15 percent of all adults living in the United States …

Functional Equivalence And Residual Rights Post-Carpenter: Framing A Test Consistent With Precedent And Original Meaning, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The Carpenter Court held that warrantless access to seven or more days of cell site location information (CSLI) constitutes a violation of the reasonable expectation of privacy that individuals have in the whole of their physical movements. But the grounds on which the Court drew a line characterize all sorts of digital records—including those at issue in Miller and Smith, belying the majority’s claim that the decision leaves third-party doctrine intact. Instead of avoiding Katz’s pitfalls, moreover, the Court emphasized voluntary assumption of risk, doubling down on the subjective nature of judicial determination. The decision will likely lead to …

World Trade And Investment Law In A Time Of Crisis: Distribution, Development And Social Protection, David M. Trubek, Alvaro Santos, Chantal Thomas

Georgetown Law Faculty Publications and Other Works

World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the US ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, we convened a group of trade and investment law experts from 10 countries South and North who have proposed ideas for a new world trade and investment …

Internet Utopianism And The Practical Inevitability Of Law, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

"Writing at the dawn of the digital era, John Perry Barlow proclaimed cyberspace to be a new domain of pure freedom. Addressing the nations of the world, he cautioned that their laws, which were “based on matter,” simply did not speak to conduct in the new virtual realm. As both Barlow and the cyberlaw scholars who took up his call recognized, that was not so much a statement of fact as it was an exercise in deliberate utopianism. But it has proved prescient in a way that they certainly did not intend. The “laws” that increasingly have no meaning in …

Turning Privacy Inside Out, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

The problem of theorizing privacy moves on two levels, the first consisting of an inadequate conceptual vocabulary and the second consisting of an inadequate institutional grammar. Privacy rights are supposed to protect individual subjects, and so conventional ways of understanding privacy are subject-centered, but subject-centered approaches to theorizing privacy also wrestle with deeply embedded contradictions. And privacy’s most enduring institutional failure modes flow from its insistence on placing the individual and individualized control at the center. Strategies for rescuing privacy from irrelevance involve inverting both established ways of talking about privacy rights and established conventions for designing institutions to protect …

Shared Collection Development, Digitization, And Owned Digital Collections, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

While library models already exist for sharing physical materials and joint licensing, this paper envisions an aspect of future collections involving a national digital collection owned, not licensed, by libraries. Collaborative collection development, digitization, and digital object management of owned collections can benefit societies in multiple ways, from expanding access to users otherwise unable to reach these materials, to preserving content even when disaster strikes, to reducing duplication of effort and expense in collection or digitization. This article will explore both the benefits of and the challenges to this type of collaboration.

On Being Old Codgers: A Conversation About A Half Century In Legal Education, Mark Tushnet, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This conversation, conducted over three evenings, captures some of our thoughts about the last half century of legal education as both of us near retirement. We have edited the conversations so as to eliminate verbal stumbles and present our ideas more coherently, slightly reorganized a small part of the conversation, and added a few explanatory footnotes. However, we have attempted to keep the informal tone of our discussions.

From Protecting Lives To Protecting States: Use Of Force Across The Threat Continuum, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

The increasing prominence in recent years of non-international armed conflicts that extend across state borders has strained the traditional legal categories that we use to regulate state use of force. Simultaneous with this phenomenon has been growing acceptance that human rights law and international humanitarian law should co-exist, with the former informing interpretations of the latter to varying degrees. Scholars continue to debate vigorously the implications of these developments and how these bodies of law should interact. As Kenneth Watkin’s book Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict observes, however, commanders have no choice …

Race Ipsa Loquitur, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The goal of this Article is to make the existence of invidious racial discrimination in the United States so palpable that it can no longer be denied. Part I argues that racial inequality is so pervasive, unconscious, and structural that it has simply become an assumed fixture of United States and is rarely even noticed. Section I.A describes the history of racial subordination in the United States. Section I.B invokes the concept of disparate impact to illustrate the continuing manifestations of invidious discrimination in contemporary culture. Part II describes the manner in which the culture nevertheless chooses to deny the …

Signs Of Growth And Healing: Health Care And Science, Richard J. Fehring

College of Nursing Faculty Research and Publications

MY ESSAY ON THE HISTORY OF Catholic Natural Family Planning (NFP) scientists (chapter 8 in this volume) ended with discussing scientists who were active during the papacy of John Paul II (1979-2005). This present essay continues with the time period from approximately 2000 to 2018 and, indeed, into the future. My purpose here, however, is to delineate signs of growth and healing in health care and science related to NFP and not to focus on individual NFP scientists. Given that purpose, recent trends in NFP science and historical factors that influence NFP science can provide us with signs of growth …

Harnessing The Gatekeepers Of Glucocorticoids For Chemoprevention Of Non-Melanoma Skin Cancer, Anna M. Mancha-Ramirez, Xiaoyu Yang, Huiyun Liang, Jacob Junco, Kevin P. Lee, Sarah F. Bovio, Maricruz Espinoza, Julia Wool, Dae Joon Kim

School of Medicine Publications

Despite effective surgical methods for non-melanoma skin cancer (NMSC), patients suffer from tissue damage, scarring, or even disfigurement; thus, there is a need for chemopreventive approaches. Because of the complex interplay between glucocorticoids (GCs), inflammation, and cancer, we sought to determine the role of 11β-hydroxysteroid dehydrogenase 1 and 2 (11βHSD1 and 2) in regulating GCs during skin cancer development and progression. 11βHSDs modulate the activation of GCs in a tissue-specific manner and have been reported to play a role in development and progression of other types of cancer, but their role has not yet been reported in NMSC. Here, we …

Through The Microbial Looking Glass: Premature Labor, Preeclampsia, And Gestational Diabetes: A Scoping Review, Alexis B. Dunn, Lisa Hanson, Leona Vandevusse, Sharon Leslie

College of Nursing Faculty Research and Publications

The influence of microbial factors on adverse perinatal outcomes has become the focal point of recent investigations, with particular interest in the role of the microbiome and probiotic interventions. The purpose of this scoping review was to identify and critique the most recent evidence about these factors as they relate to pregnancies complicated by preeclampsia (PEC), preterm birth (PTB), and gestational diabetes mellitus (GDM). Four databases (PubMed, EMBASE, Web of Science, and Cochrane) were searched for articles published in English in the last 10 years with the concepts of the microbiome, probiotics, and PEC, PTB, or GDM. Forty-nine articles were …

The Impact Of Maternal Bmi, Gestational Weight Gain, And Breastfeeding On Early Childhood Weight: Analysis Of A Statewide Wic Dataset, Jennifer M. Ohlendorf, Karen Marie Robinson, Mauricio Garnier-Villarreal

College of Nursing Faculty Research and Publications

Early childhood obesity is a persistent health concern with more frequent and significant impact on low-income families. Maternal weight factors impact offspring weight status, but evidence on whether breastfeeding protects against this impact is mixed. This analysis examined a model to predict early childhood obesity risk, simultaneously accounting for maternal pre-pregnancy body mass index (BMI), gestational weight gain, and breastfeeding. The team analyzed 27,016 unique maternal-child dyadic records collected via the Supplemental Nutrition Program for Wisconsin Women, Infants, and Children (WIC) between 2009 and 2011. Generalized Linear Modeling, specifically logistic regression, was used to predict a child's risk …

Effects Of Positive Thinking On Dementia Caregivers’ Burden And Care-Recipients’ Behavioral Problems, Abir K. Bekhet, Mauricio Garnier-Villarreal

College of Nursing Faculty Research and Publications

Most dementia care is provided at home by family members. This caregiving places an additional burden on the family members, which can negatively impact their physical and psychological well-being. The caregivers’ burden can also contribute to behavioral problems in the care-recipients. The purpose of this study was to examine the mediating/moderating effects of positive thinking (PT) on the relationship between caregivers’ burden (embarrassment/anger, patient’s dependency, and self-criticism) and their care-recipients’ behavioral problems (memory, depression, and disruption) in a sample of 100 dementia caregivers. Results indicated that caregivers’ embarrassment, self-criticism, and perception of patient dependency predicts depression in care-recipients, and these …

The Role Of Women’S Empowerment And Male Engagement In Pregnancy Healthcare Seeking Behaviors In Western Kenya, Fatimah Oluwakemi Bello, Pamela Musoke, Zachary Kwena, George O. Owino, Elizabeth A. Bukusi, Lynae Darbes, Janet M. Turan

School of Medicine Publications

We sought to understand whether women’s empowerment and male partner engagement were associated with use of antenatal care (ANC). Women presenting for ANC in Nyanza province of Kenya between June 2015 and May 2016, were approached for participation. A total of 137 pregnant women and 96 male partners completed baseline assessments. Women’s empowerment was measured using the modified Sexual Relationship Power Scale. ANC use measures included timing of the first ANC visit and number of visits. Male engagement was based on whether a husband reported accompanying his wife to one or more antenatal visits during the pregnancy. Multiple linear and …

Eyelid Cosmetic Enhancements And Their Associated Ocular Adverse Effects, Maliha Masud, Majid Moshirfar, Tirth J. Shah, Aaron T. Gomez, Michele R. Avila, Yasmyne C. Ronquillo

School of Medicine Publications

Numerous cosmetic enhancements and augmentations to the natural appearance of the periorbital area are readily available today. Due to the increasing popularity of these cosmetic procedures, it is important for ophthalmologists to be aware of their potential risks, complications and adverse effects. The aim of this literature review was to introduce some of the most common ocular cosmetic enhancements and provide a comprehensive overview of their associated adverse effects reported in various medical journals. PubMed, Embase, and Google Scholar were used to identify articles related to the following ocular cosmetic procedures; eyelash extensions, permanent eyelid tattooing, and eyelash dyeing. The …

Assessing Synergy Between Climate And Development Projects: Which One Is More Effective, Efficient And Transparent?, A.K. Enamul Haque, Estiaque Bari, Md Rumi Shammin

Faculty & Staff Scholarship

This study was designed to understand whether projects funded through development window of finance in Bangladesh like the Annual Development Programme(ADP) is different or similar to that of climate window of finance like Bangladesh Climate Change Trust Fund (BCCTF). The BCCTF is managed primarily by the Ministry of Environment, Forests and Climate Change whereas the ADP is managed by the Ministry of Planning and Ministry of Finance. It was, therefore, studied also to understand whether the new window of financing climate projects is more efficient, effective and sustainable. On the contrary, if they are both similar in nature then a …

Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for …

An Asian View On The Ceta Investment Chapter, Locknie Hsu

Research Collection Yong Pung How School Of Law

The Canada-EU Free Trade Agreement (CETA) has been completed and awaits ratification against a backdrop of global economic uncertainty. The Trans-Pacific Partnership Agreement (TPP), which includes five Asian parties among its signatories, has lost the support of the United States and its fate is uncertain as well. The CETA is significant for Asian countries given that one of its parties -- the EU -- has signalled strongly that it wishes to negotiate a number of free trade agreements in the Asian region. The agreement offers valuable insight into the thinking of the EU in terms of investment protection guarantees, its …

Mediation In The Singapore Family Justice Courts: Examining The Mandatory Mediation Model Under The Judge-Led Approach, Eunice Chua

Research Collection Yong Pung How School Of Law

In orderto reduce acrimony and the adversarial quality of family litigation, theSingapore family justice framework went through an overhaul in 2014. Chiefamong the changes was the creation of the Family Justice Rules (“FJR”) uniqueto the newly constituted Family Justice Courts. The FJR are meant to reflect anew judicial philosophy for family law disputes, with a “judge-led” approachmandated by Rule 22 of the FJR. As part of the directions a court may give inthe exercise of this “judge-led” approach, Rule 22(3)(a) introduces a new,express power for the court to direct that parties attend mediation orcounselling. This paper seeks to examine the …

Tackling Elder Abuse: State Intervention Under Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Abuse and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults' best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore's Vulnerable Adults Act identifies the point for intervention and embodies safeguards …

Model Law On Cross-Border Insolvency Comes Of Age: New Times Or New Paradigms, Gerard Mccormack, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This year (2018) the Model Law on Cross-BorderInsolvency comes of age and celebrates its 21st birthday. It has been something of a successinternationally. The major common lawjurisdictions including the United Kingdom (UK), the United States (US), Canadaand Australia have changed their domestic laws on cross-border insolvencycooperation based on the model law provisions and so too has Japan and Korea. But theemerging global super powers of China and India have remained resistant and sotoo have most of the European Union (EU) member states including the economicpower houses of France and Germany. Nevertheless, the number of international acceptances is growing slowlyincluding most …

Rural Social Work And Environmental Justice, Pamela C. Twiss

Contemporary Rural Social Work Journal

While social work education and literature includes a growing body of work focused on environmental justice and the role of social work in addressing environmental injustices, limited attention has been paid to the disproportionate impact of these issues in rural areas. Many rural places can be more accurately described as rural-industrial in character. They produce the world’s food through highly mechanized agro-businesses, its timber, and much of its fossil fuels through large mining and drilling operations, each presenting threats to the surrounding environment and local peoples. This work describes environmental issues and injustices common to select large-scale rural industries, discusses …

Women Ascending To Leadership Positions In Rural Nonprofit Organizations, Jose Carbajal, Kristin Bailey-Wallace, Bonita B. Sharma, Tiffany Bice-Wigington, Wilma Cordova, Shanta Scott, Aparecida De Fatima Cordeiro Dutra

Contemporary Rural Social Work Journal

This study investigates women’s experiences as they ascended to leadership roles in nonprofit organizations in rural communities, primarily in East Texas. The aim of this study is to understand the lived experiences of women in top management as they ascend into leadership positions, as the characteristics and experiences of effective leaders in rural nonprofits may differ from those of urban nonprofit agencies. There is limited research regarding women’s leadership experiences in rural nonprofit organizations. Using a phenomenological inquiry approach, we interviewed 32 women currently serving in leadership roles in rural nonprofit organizations. The research question guiding this phenomenological study was: …

Option Implied Volatility, Skewness, And Kurtosis And The Cross-Section Of Expected Stock Returns, Turan Bali, Jianfeng Hu, Murray Scott

Research Collection Lee Kong Chian School Of Business

We develop an ex-ante measure of expected stock returns based on analyst price targets. We then show that ex-ante measures of volatility, skewness, and kurtosis implied from stock option prices are positively related to the cross section of ex-ante expected stock returns. While expected returns are related to both the systematic and unsystematic components of volatility, only the unsystematic components of skewness and kurtosis are related to the cross section of expected stock returns after controlling for other variables known to be related to the cross section of expected stock returns or analyst forecast bias.

Privacy-Preserving Attribute-Based Keyword Search In Shared Multi-Owner Setting, Yibin Miao, Ximeng Liu, Robert H. Deng, Robert H. Deng, Jjguo Li, Hongwei Li, Jianfeng Ma

Research Collection Yong Pung How School Of Law

Ciphertext-Policy Attribute-Based Keyword Search (CP-ABKS) facilitates search queries and supports fine-grained access control over encrypted data in the cloud. However, prior CP-ABKS schemes were designed to support unshared multi-owner setting, and cannot be directly applied in the shared multi-owner setting (where each record is accredited by a fixed number of data owners), without incurring high computational and storage costs. In addition, due to privacy concerns on access policies, most existing schemes are vulnerable to off-line keyword-guessing attacks if the keyword space is of polynomial size. Furthermore, it is difficult to identify malicious users who leak the secret keys when more …

Building Toward The Rcep? Reflections On The Asean-China Fta, Heng Wang

Research Collection Yong Pung How School Of Law

Among the ASEAN’s external FTAs, the ASEAN-China Free Trade Agreement (ACFTA) is ofgreat significance to both the ASEAN and China. The ACFTA was one of the earliest trade pactsconcluded by China. It is also part of the ASEAN’s broader push toward concluding FTAs outside themultilateral trading system, in line with the proliferation of regional trade pacts. This chapter willanalyze the following questions: what is the approach of the ACFTA? What are the implications ofthe ACFTA for the the Regional Comprehensive Economic Partnership (RCEP)? What nationalimplementation issues are involved with the ASEAN? The potential implications of the AHKFTA willbe explored. The …

A Network Analysis Of The Singapore Court Of Appeal’S Citations To Precedent, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

This article presents findings from an empirical network analysis of citation practices in Singapore's highest court.A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Networkcentrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.

Book Reviews

Jackson Purchase Historical Society Journal Archive

A Notorious Woman: Anne Royall in Jacksonian America by Elizabeth J. Clapp

Melinda Meador

Grant Invades Tennessee: The 1862 Battles for Forts Henry and Donelson by Timothy B. Smith

John Ridge

Faith in Black Power: Religion, Race, and Resistance in Cairo, Illinois by Kerry Pimblott

George Humphreys

Irvin S. Cobb: The Rise and Fall of an American Humorist by William E. Ellis

Melony Shemberger

Robert Penn Warren’s All the King’s Men: A Reader’s Companion by Jonathan S. Cullick

Constance Alexander

A New History of Kentucky by James C. Klotter and Craig Thompson Friend

George Humphreys

Heroes of Peace – A …