Digital Commons Network^™

Trespass To Property: Shopping Centres, Lisa Loader

Journal of Law and Social Policy

No abstract provided.

Excessive Demands On Health And Social Services: S. 19(1)(A)(Ii) Immigration Act - What Is The Standard To Sponsor Infirm And Elderly Parents?, Kenneth H. Post

Journal of Law and Social Policy

No abstract provided.

Discretion In Social Assistance Legislation, Nathalie Des Rosiers, Bruce Feldthusen

Journal of Law and Social Policy

No abstract provided.

Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green

Faculty Scholarship

Charles Bell, Donald Paradis, and Shirley Tyler were tried in different states for murder. Each was convicted and sentenced to death. Charles Bell was represented at trial by a recent law school graduate who had never before tried a criminal case to completion. Donald Paradis's lawyer had passed the bar exam six months earlier, had never previously represented a criminal accused, and had not elected courses in criminal law, criminal procedure, or trial advocacy while in law school. Shirley Tyler's trial lawyer was also a member of the bar for only a few months. He had defended one previous assault …

The Flight Of Toxic Tort - Aerial Application Of Insecticides And Herbicides: From Drift Liability To Toxic Tort, Richard D. Chappuis Jr.

Journal of Air Law and Commerce

No abstract provided.

Indeterminacy, Justification And Truth In Constitutional Theory, Robert Justin Lipkin

Fordham Law Review

In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy. Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification. Finally, Professor Lipkin proposes a new …

Causal Comparisons, Robert N. Strassfeld

Fordham Law Review

Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.

The Advocate: Should He Speak Or Write?, The Rt. Hon. Lord Mackay

Fordham Law Review

This speech was given by The Rt. Hon. Lord Mackay on April 3, 1991, at Fordham University's School of Law as the John F. Sonnet Memorial Lecture.

Lehnert V. Ferris Faculty Association: Accounting To Financial Core Members: Much A-Dues About Nothing?, Calvin Siemer

Fordham Law Review

No abstract provided.

The Rationalist Tradition At Trial, James L. Kainen

Fordham Law Review

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)

Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy

Fordham Law Review

In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can be best understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of "bumps" in the ride, he also recognizes that much of this convergence remains propsective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …

U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein

Fordham Law Review

The Federal Deposit Insurance Corporation Improvement Act of 1991 contains several sections dealing with the regulation of foreign banks in the United States. In this Article, Professor Lichenstein gives a critical analysis of the new foreign-bank legislation. After arguing that these legislative changes do not adequately address the emerging financial marketplace, Professor Lichtenstein offers a modest proposal for revising the U.S. regulatory structure.

An American Reflection On Turkey's Financial Leasing Industry, Carl Felsenfeld

Fordham Law Review

No abstract provided.

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Fordham Law Review

Professor Reidenberg addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. Professor Reidenberg argues that the international attempts to harmonize information processing encourage divergence of national standards for financial services. He argues that regulatory flexibility and customization is necessary to support financial sevices and accomodate, without circumventing, …

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper

Fordham Law Review

As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus

Fordham Law Review

In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.

Building Upon The Architectural Works Protection Act Of 1990, Vanessa N. Scaglione

Fordham Law Review

No abstract provided.

Why So Many Lawyers? Are They Good Or Bad?, Robert C. Clark

Fordham Law Review

In this essay, Dean Clark examines the popular notion that the United States has too many lawyers and that this abundance burdens the nation. While acknowledging the great growth of law and lawyers in recent decades, Dean Clark argues that, before denouncing this trend, we should first seek to develop a fuller explanation of its causes and consequences. After discussing just what it is that lawyers do, Dean Clark critiques three current "cancerous growth" theories that attempt to explain why there has been such a great and unhealthy increase in the number of lawyers Dean Clark then offers and analyzes …

The Last Promissory Estoppel Article, Jay M. Feinman

Fordham Law Review

In this essay, Professor Feinman argues that the doctrine of promissory estoppel has outlived its usefulness as a theory of contract Professor Feinman relies on an article written by Professors Edward Yorio and Steven Thel as an illustration of the debate over whether promissory estoppel is based upon the enforcement of promises or the protection of reliance. Professor Feinman rejects the conceptual framework upon which this debate is based and ultimately proposes that contract law should move to a relational analysis, ignoring the distinction between promise and reliance and replacing it with an analysis of the obligations involved in a …

The Empire Strikes Back: The Taking Of Joe Doherty, James T. Kelly

Fordham Law Review

In this Article, Mr. Kelly summarizes the eight year diplomatic and legal effort to return Joe Doherty, a member of the Provisional Irish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irish conflict over the partition of Ireland and the political and diplomatic role the United States has played in mediating that conflict. It then recounts the unsuccessful efforts of the United States and the United Kingdom to extradite Doherty, and the …

"Protection" Of Volunteers Under Federal Employment Law: Discouraging Voluntarism, Leda E. Dunn

Fordham Law Review

No abstract provided.

Query Optimization In Oodb, Hwee Hwa Pang, Hongjun Lu, Beng Chin Ooi

Research Collection School Of Computing and Information Systems

In object-oriented databases, relationships are generally maintained explicitly. The partial result of a retrieved object can be used to efficiently retrieve related objects. Instead of optimizing joins as in relational database systems, pointer chasing is optimized in object-oriented database systems. Further, semantics inherent in the object-oriented database, like superclass-subclass relationships and composite-component relationships between object classes, must be realised. In this paper, we describe our initial result in query optimization in an object-oriented database system. Semantic query transformation is used to preprocess the query. semantically optimized query is then translated into a query evaluation plan which comprises method invocations that …

Baseline Measures Workgroup Final Report, Unknown

Native Health Database Full Text

This is preconference information for the National Tribal and Indian Health Service consultation conference held in Sacramento in 1992 entitled Native American Journey: Circles of Wellness. It includes a program of the conference events and a description of the issues identified for conference forums, presentations, caucuses, and meetings, which include mental health, community health programs, the aged, and others.

Otitis Media Report Fy 1976, Unknown

Native Health Database Full Text

This is a teen center planning and development document. The evaluation of the Indian Heath Service Albuquerque Area teen centers found that a good model had been developed, but not fully implemented. Services were found to be appropriate, generally accessible, however not fully acceptable to the community. This document includes a step-by-step description of how a teen center model can be introduced and sustained in an American Indian community. The model is designed to be implemented as a demonstration project, and to be carried out in selected communities over a two-year period. The model plan strives to 1) improve access …

Assessment Of The Health Needs Of American Indians/Alaska Natives Living In Cites Not Served By An Urban Indian Health Program Funded By The Indian Health Service, American Indian Health Care Association

Native Health Database Full Text

The purpose of this report is to present findings on the health status and health needs ofAmerican Indians and Alaska Natives (AI/ANs) in six urban areas not currently served byurban Indian health programs funded by the Indian Health Service (IHS). In accordancewith requirements of Title V, Section 504, of the Indian Health Care Improvement Act, ahealth needs assessment was conducted in six U.S. cities to determine the health status andhealth needs of AI/AN residents in these urban areas.Several methods were used to conduct the assessment including: 1) analysis of 1990 Census population data; 2) analysis of city-specific mortality data; 3) …

Scope Of The Problem Of Alcohol And Substance Abuse Among American Indian And Alaska Native Communities, American Indian Health Care Association

Native Health Database Full Text

Purpose The purpose of this study is to: 1) investigate and examine the Indian Health Service (IHS) and Bureau of Indian Affairs (BIA) programs providing services to American Indians and Alaska Natives (AI/ANs) whom have alcohol and drug problems; 2) focus upon information and budget systems concerning the monitoring of services provided and funds expended; and 3) research the scope of the alcohol and drug problems, financial costs, and human costs among AI/ANs. Methods For operational purposes, this study was split into two major components. The first component involved the examination of current IHS and BIA program information systems with …

An Evaluation Of The Accuracy Of Reporting Of Race For American Indian Decedents Using The 1986 National Mortality Followback Survey, A Handler, L. Querec

Native Health Database Full Text

The 1986 National Mortality Followback Survey (NMFS) was conducted by the National Center for Health Statistic (NCHS) to provide information on characteristics which may be related to mortality, but which is not collected on death certificates. This information includes such things as lifestyle characteristics, presence of health conditions, care received in the last year of life, and certain demographic characteristics. The NMFS has provided the Indian Health Service (IHS) with an important opportunity - that of estimating the extent of race misclassification of American Indian deaths on State death certificates. The extent of such reporting has remained unmeasured. The recent …

Guide To Usda Programs For Native Americans., Native American Programs, Office Of Intergovernmental Affairs, Office Of Public Affairs, United States Department Of Agriculture

Native Health Database Full Text

The purpose of this publication is to provide a reference for American Indian and Alaska Native tribal leaders, planners, community leaders, teachers, counselors, and individuals, as well as those who work with Native Americans on the numerous United States Department of Agriculture (USDA) programs available. This publication lists and categorizes USDA programs for Native Americans. It includes program description, sponsoring agency, appropriations statistics, eligibility definitions, and application procedures for each program. The booklet also identifies the necessary contacts for finding out more information.

Principles Of Energy Policy, John S. Lowe

Faculty Journal Articles and Book Chapters

Energy policy has been at the center of American political rhetoric since the early 1970s. Twenty years, five presidents and ten Congresses later, however, the United States still has no coherent energy policy. Why has development of a coherent energy policy proved so difficult for the United States, when other democratic nations have been able to move so much faster?

The author suggests that the root of the problem has been an attitude, an expectation of plenty. When colonists first came to what is now the United States, they found a new world with what seemed to them infinite amounts …

Time Present, Time Past, Time Future: Understanding The Scope Of Discovery In Texas Courts, William V. Dorsaneo Iii, Elizabeth Thornburg

Faculty Journal Articles and Book Chapters

No abstract provided.