A ‘Non-Power’ Looks at Separation of Powers

On April 6, 1989, Dean, Alan B. Morrison of George Washington Law, delivered the Georgetown Law Center’s ninth Annual Philip A. Hart Memorial Lecture: A ‘Non-Power’ Looks at Separation of Powers. Dean Morrison is the Lerner Family Associate Dean for Public Interest & Public Service at GW Law. He is responsible for creating pro bono opportunities for students, bringing a wide range of public interest programs to the law school, encouraging students to seek positions in the non-profit and government sectors, and assisting students find ways to fund their legal education to make it possible for them to pursue careers outside of traditional law firms. For most of his career, Dean Morrison worked for the Public Citizen Litigation Group, which he co-founded with Ralph Nader in 1972 and directed for over 25 years. His work involved law reform litigation in various areas including: open government, opening up the legal profession, suing agencies that fail to comply with the law, enforcing principles of separation of powers, protecting the rights of consumers, and protecting unrepresented class members in class action settlements. He has argued 20 cases in the Supreme Court, including victories in Goldfarb v. Virginia State Bar (holding lawyers subject to the antitrust laws for using minimum fee schedules); Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (making commercial speech subject to the First Amendment); and INS v. Chadha (striking down over 200 federal laws containing the legislative veto as a violation of separation of powers). He currently teaches civil procedure and election law, and previously taught at Harvard, NYU, Stanford, Hawaii, and American University law schools. He is a member of the American Academy of Appellate Lawyers and was its president in 1999–2000. Among other positions, he served as an elected member of the Board of Governors of the District of Columbia Bar, a member and then senior fellow of the Administrative Conference of the United States, a member of the American Law Institute, and a member of the Committee on Science, Technology & Law of the National Academy of Science. He is a graduate of Yale University and Harvard Law School, served as a commissioned officer in the US Navy, and was an assistant U.S. attorney in New York

On the selection of connectivity-based metrics for WSNs using a classification of application behaviour

This paper addresses a subset of Wireless Sensor Network (WSN) applications in which data is produced by a set of resource-constrained source nodes and forwarded to one or more sink nodes. The performance of such applications is affected by the connectivity of the WSN, since nodes must remain connected in order to transfer data from sources to sinks. Designers use metrics to measure and improve the efficacy of WSN applications. We aim to facilitate the choice of connectivity-based metrics by introducing a classification of WSN applications based on their data collection behaviour and indicating the metrics best suited to the evaluation of particular application classes. We argue that no suitable metric currently exists for a significant class of applications with the following characteristics: 1) application data is periodically routed or disseminated from source nodes to one or more sink nodes, and 2) the application can continue to function with the loss of source nodes although its useful network lifetime diminishes as a result. We present a new metric, known as Connectivity Weighted Transfer, which may be used to evaluate WSN applications with these characteristics.Preprin

What the Shutts Opt-Out Right is and What it Ought to Be

This article discusses the ramifications of the U.S. Supreme Court\u27s decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement their ideas about opt-out rights and class action governance more generally

Reputational contagion and optimal regulatory forbearance

This paper examines common regulation as cause of interbank contagion. Studies based on the correlation of bank assets and the extent of interbank lending may underestimate the likelihood of contagion because they do not incorporate the fact that banks have a common regulator. In our model, the failure of one bank can undermine the public’s confidence in the competence of the banking regulator, and hence in other banks chartered by the same regulator. Thus depositors may withdraw funds from their, unconnected, banks. The optimal regulatory response to this ‘panic’ behaviour can be to privately exhibit forbearance to the initially failing bank in the hope that it - and hence other vulnerable banks - survives. By contrast, public bailouts are ineffective in preventing panics and must be bolstered by other measures such as increased deposit insurance coverage. Regulatory transparency improves confidence ex ante but impedes regulators’ ability to stem panics ex post. JEL Classification: G21, G28Bank Regulation, Contagion, Reputation

A Generic Storage API

We present a generic API suitable for provision of highly generic storage facilities that can be tailored to produce various individually customised storage infrastructures. The paper identifies a candidate set of minimal storage system building blocks, which are sufficiently simple to avoid encapsulating policy where it cannot be customised by applications, and composable to build highly flexible storage architectures. Four main generic components are defined: the store, the namer, the caster and the interpreter. It is hypothesised that these are sufficiently general that they could act as building blocks for any information storage and retrieval system. The essential characteristics of each are defined by an interface, which may be implemented by multiple implementing classes.Comment: Submitted to ACSC 200

Report on the XBase Project

This project addressed the conceptual fundamentals of data storage, investigating techniques for provision of highly generic storage facilities that can be tailored to produce various individually customised storage infrastructures, compliant to the needs of particular applications. This requires the separation of mechanism and policy wherever possible. Aspirations include: actors, whether users or individual processes, should be able to bind to, update and manipulate data and programs transparently with respect to their respective locations; programs should be expressed independently of the storage and network technology involved in their execution; storage facilities should be structure-neutral so that actors can impose multiple interpretations over information, simultaneously and safely; information should not be discarded so that arbitrary historical views are supported; raw stored information should be open to all; where security restrictions on its use are required this should be achieved using cryptographic techniques. The key advances of the research were: 1) the identification of a candidate set of minimal storage system building blocks, which are sufficiently simple to avoid encapsulating policy where it cannot be customised by applications, and composable to build highly flexible storage architectures 2) insight into the nature of append-only storage components, and the issues arising from their application to common storage use-cases

Defining The Unauthorized Practice Of Law: Some New Ways Of Looking At An Old Question

It is my thesis today that we need to reexamine the definition of what constitutes the practice of law

The Necessity of Tradeoffs in a Properly Functioning Civil Procedure System

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