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Working Outside The Rules: The Undefined Responsibilities Of Federal Prosecutors, Laurie L. Levenson

Fordham Urban Law Journal

This Article discusses the undefined responsibilities of federal prosecutors. For purposes of example, the essay focuses primarily on five situations in which federal prosecutors are often expected to operate "outside" of the rules, including: charging and investigative decisions, discovery, plea bargaining, dealing with the press, and sentencing decisions. While there are "rules" in each of these areas, they take a back seat to the discretionary powers prosecutors are expected to exercise wisely when performing their duties. In judging whether there has been an appropriate exercise of those powers, it is not the rules that will govern society's judgment. Rather, the …

Thinking Strategically: How Federal Prosecutors Can Reduce Violent Crime, Elizabeth Glazer

Fordham Urban Law Journal

Part I of this Article discusses how, in their traditional role, fed- eral prosecutors have limited their function to case-processing and accordingly reduced their natural ability to fashion effective crime- fighting techniques. Part II explores how certain features of the prosecutor's function make him well-placed to act as the federal agencies' strategic thinker. Finally, the Article suggests how the strategic potential of the prosecutor's role could be realized.

Panel Discussion: The Federal Prosecutor's Role In The Regulatory Process

Fordham Urban Law Journal

MODERATOR: CharlesM. Carberry PANELISTS: Honorable John S. Martin, Jr., Robert B. Fiske, Jr., Mary Ellen Krist, Ronald K. Noble, Honorable Jed S. Rakoff, Mary Spearing

Sincere And Strategic Voting Norms On Multimember Courts, Evan H. Caminker

Articles

In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment.' In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.

In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman

Articles

At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …

Reforming The Urban Workplace: The Legacy Of Frances Perkins, Honorable Jeanine Francis Pirro

Fordham Urban Law Journal

This Article focuses on the life and legacy of Francis Perkins, a twentieth century champion of woman's and worker's rights. It examines her work as a reformer and as Secretary of Labor under Franklin Roosevelt, specifically on the issues of woman's rights, education, social services and working conditions for poor. By focusing on specific legislation she helped enact, such as the Social Security Act and laws regarding working conditions, the Article ultimately seeks to portray Perkins as the most influential person to urban America in the twentieth century.

A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn

Fordham Urban Law Journal

This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …

Hiv Name Reporting And Partner Notification In New York State, Sonia Bhatnager

Fordham Urban Law Journal

This Article focuses on a 1998 New York law that required physicians and other health officials to report individuals who test positive for HIV, AIDS, or other HIV-related illnesses to the municipal health commissioner. As New York has the highest rate of reported AIDS cases, the Article notes that the state's decision to enact this law could have significant influence on other states. It begins by describing the partner notification system laws in the United States, and then presents arguments for and against partner notification. The Article ultimately argues for a modified version of the New York law. This refined …

More Trees Please: Utilizing Natural Resources In The Urban Environmental Management Of New York City, Vivian D. Encarnacion

Fordham Urban Law Journal

This Article discusses the impact of urban development on trees. It discusses the importance of having trees in urban neighborhoods by increasing property value and highly benefiting the ecological system. It also discusses alternative policies that other cities have implemented to deal with the impact of development on the environment. Finally, the Article proposes various solutions to the problems faced by New York City specifically, arguing that the city should adopt a comprehensive urban forestry program that would asses the current status of the urban forest, evaluate the environmental impact of development, and protect tree and landscaping ordinances.

A Community-Based Parenting Program With Low-Income Mothers Of Young Children, Bonnie Nicholson, Viktor Brenner, Robert A. Fox

College of Education Faculty Research and Publications

Research has established a significant relationship between certain parental characteristics. such as income or parenting practices, and the development of child behavior problems. This study evaluated the effectiveness of a parenting program for low-income parents of children one to five years old which was offered through community-based family resource centers. Seventy-one mothers completed the program and showed significant decreases in their use of verbal and corporal punishment and significant increases in nurturing behaviors: their children’s behavior also improved significantly. Forty-five percent of parents also met Jacobson and Truax’s (1991) criteria for clinically significant change. Implications for practitioners working With this …

Pfiesteria Piscicida And Dinoflagellates Similar To Pfiesteria, Harold G. Marshall

Biological Sciences Faculty Publications

Pfiesteria pisiccida is a microscopic, unicellular organism that is classified as both a mixotrophic and heterotrophic dinoflagellate, which has been associated with both fish deaths and a cause of human illness (Burkholder et al., 1992; Glasglow et al., 1995; Burkholder and Glasgow, 1997). This species possesses a complex life cycle that includes motile forms (e.g. zoospores, gametes, amoebae) and a cyst stage that may remain dormant in the sediment (Burkholder et al, 1995b). Pfiesteria piscicida is known to have toxin and non-toxin producing populations, where cyst transformation into the toxic motile zoospores may be initiated by the presence of certain …

Chemistry Reform Takes Root In University Settingeforms In Mathematics And Science, Thomas Pentecost

Peer Reviewed Articles

Which of the following scenarios is more attractive?

(1) You arrive for chemistry class and listen and watch an

instructor work problems about gas laws for fifty minutes.

(2) You arrive for class and you and a few other classmates anake

data about the relationship between pressure and volume and develop

the gas laws based on data.

Relationship Between Number Of Prenatal Visits And Infant Apgar Scores, Sarah Pernie

Masters Theses

This retrospective chart review examined the relationship between the number of prenatal visits and infant apgar scores and compared infant apgar scores among women who received inadequate, intermediate and adequate prenatal care according to Kessner's classification. Quota sampling was used to identify 30 individuals in each category of prenatal care.

The sample (N=90) consisted of women who delivered their babies at a hospital in a large Midwestern city. Neuman's Systems Model provided the framework for the study.

The findings indicate that there is a positive relationship between the number of prenatal visits and infant apgar scores (r=.33, p=.002) and that …

Bilingual Education And The Law, Solange De Azambuja Lira, Maria De Lourdes B. Serpa, William T. Stokes

Journal of Pedagogy, Pluralism, and Practice

A public hearing was held before the Joint Committee on Education, Arts and Humanities on May 13, 1999 at the Massachusetts State House. It was Chaired by House Representative Harold Lane and Senator Robert Antonioni. Two House Bills, H3444 sponsored by Representative Mary S. Rogeness and H3441 Sponsored by Ronald Mariano, proposed changes to the Bilingual Education Laws, and one House Bill H3037, sponsored by Antonio F. D. Cabral, Marc Pacheco and Jarret Barrios, prohibited the Board of Education from making certain changes to the Bilingual Education Law. We testified in favor of HB3037 and against HB3444 and HB3441.

The University Of Puerto Rico – Colonialism And The Language Of Teaching And Learning, Pablo Navarro-Rivera

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

What Is Critical Literacy?, Ira Shor

Journal of Pedagogy, Pluralism, and Practice

We are what we say and do. The way we speak and are spoken to help shape us into the people we become. Through words and other actions, we build ourselves in a world that is building us. That world addresses us to produce the different identities we carry forward in life: men are addressed differently than are women, people of color differently than whites, elite students differently than those from working families. Yet, though language is fateful in teaching us what kind of people to become and what kind of society to make, discourse is not destiny. We can …

Journal Of Pedagogy, Pluralism And Practice, Volume 1 (4), Fall 1999 (Full Issue), Journal Staff

Journal of Pedagogy, Pluralism, and Practice

The theme of this issue is deconstructing the concept of human rights, legal elements of bilingual education, and the relationship between language development and education

Can Community Clinics Survive?: A Comparative Study Of Law Centres In Australia, Ontario And England, Frederick H. Zemans, Aneurin Thomas

Articles & Book Chapters

This Chapter grows out of the authors' research into contemporary developments in legal aid in Canada and the international environment. It focuses particularly on community clinics and their equivalents jn Australia, Ontario and England. All three jurisdictions have adapted the American store-front legal clinic model to the needs and legal cultures of their society. Jn Ontario and England, legal aid has been dominated by the j udicare system, emphasising the case-by-case delivery of legal services by private members of the legal profession (Zemans, 1994). J\.ustralia has a mixed model, in which over half of individual casework is dealt with by …

An Investigation Of The Cognitive And Perceptual Dynamics Of A Color–Digit Synesthete, Eric C. Odgaard, John H. Flowers, H. Lynn Bradman

Department of Psychology: Faculty Publications

L, a 47-year-old female of Choctaw descent, was first identified as a potential synesthete on the basis of self-report data regarding digit–color associations. Upon completion of the identification procedures typified in the literature, it was concluded that L met the classic memory-performance criteria used to identify synesthetic ability. A series of Stroop-type tasks were then performed to identify the dynamics of her synesthetic experiences. The results of these analyses provided three findings of note. First, the clear pattern of response-time differences between L and the control group suggests that tasks designed to produce involuntary divisions of attention can be an …

Thirteen-Lined Ground Squirrel (Sciuridae: Spermophilus Tridecemlineatus) Antipredator Vigilance: Monitoring The Sky For Aerial Predators, Cody L. Arenz, Daniel Leger

Department of Psychology: Faculty Publications

Despite the success of antipredator vigilance research, the specific focus of this vigilance has been difficult to determine. We have previously shown that thirteen-lined ground squirrels (Spermophilus tridecemlineatus) increase their vigilance when their lateral field of view is obstructed. In this paper, we describe an experiment in which we attempt to determine the predator class for which this vigilance is directed. Using six differentially occluded Plexiglas foraging boxes with hinged “eaves,” we were able to obstruct the squirrels’ view of the sky while not obstructing their view of terrestrial threats. In general, across the box types, when their …

St. Dominic Deaf Center, January-February 1999

Saint Dominic Deaf Center

A newsletter published for Deaf Catholics in Houston, TX

Saint Dominic Deaf Center Finding Aid

An Empirical Study Of The Relationship Between Democracy And Prosperity, Yujie Zhang

Masters Culminating Experiences (1993-2011)

Per capita wealth is far from evenly distributed in all countries of this world. For example, in 1992, real GDP per capita in Japan was about $15,105 (constant dollar using chain index). The corresponding measure for India was $1,282, or about 8.5% that of Japan. While the disparities are large in an absolute sense, they are small in comparison to the richest and poorest countries in the world. Are the rich countries and poor countries developing at the same rate? Have the poor countries shown any signs of catching up? What factors are correlated with the economic prosperity?

This paper …

Recent Dissertations On Service And Service-Learning Topics, Robert D. Shumer, Ann Treacy, Madeleine S. Hengel, Lily O'Donnell

Bibliographies

Rumor has it that there is very little research on service and service-leaming. A brief literature review of dissertations from 1990 onward revealed that over 110 studies have been completed on service and related topics. So much for the rumor!

Our intent in performing this literature review is to identify academic studies that have been completed in the past several years on issues related to service-learning. Covering a variety of interest areas and related topics, the National Service-Learning Clearinghouse is initially interested in identifying studies that add to the knowledge base on service-learning. The collection of titles, authors, and abstract …

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.

Lingnan University Annual Report : 1998-1999 = 嶺南大學年報 : 1998-1999, Lingnan University

Annual Reports

No abstract provided.

1999-2000, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Networking In The Sheep Industry, Mike Caskey

South Dakota Sheep Field Day Proceedings and Research Reports, 1999

The sheep business, like all of agriculture, is changing rapidly. It is becoming obvious that in order for sheep producers to continue to make a living raising sheep they must increase flock size, employ superior genetics and state of the art technology, reduce input costs, utilize sound business strategies and access a stable market price for lamb and wool. We need to start making these changes in order to remain economically competitive in the future. The sheep industry is just starting to move from a commodity to a product oriented industry. As this shift develops it will require producers to …

Enterprise Analysis: A Management Tool, Mike Caskey

South Dakota Sheep Field Day Proceedings and Research Reports, 1999

The maximum production philosophy instilled in agriculture during the last 50 years has conditioned the nation's farmers to believe that the answer to today's low profit margins is to farm a few more acres or run a few more ewes and you will make it. As a result many producers are focusing on getting bigger rather than on getting better. At Pipestone we are trying to communicate that the economic payoff in sheep production is in getting better along with getting bigger.

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson

Faculty Articles

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …

Front Matter, Volume 24, Number 2, University Of Dayton

University of Dayton Law Review

Table of contents, Volume 24, Number 2