Digital Commons Network^™

The Origins Of The Objective Theory Of Contract Formation And Interpretation, Joseph M. Perillo

Fordham Law Review

No abstract provided.

Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark D. Rosen

Fordham Law Review

No abstract provided.

The Preclusive Effect Of State Court Adjudication Of Patent Issues And The Federal Courts' Choice Of Preclusion Laws, Dutch D. Chung

Fordham Law Review

No abstract provided.

International Child Abduction And The Escape From Domestic Violence, Merle H. Weiner

Fordham Law Review

The violence went on for nine months. . . . By the end, the beatings were happening weekly, sometimes three times a week. . . . It always went on in front of the kids. . . . My daughter still asks, 'Why'd papa try to break your arms and legs?'. . . I left France when I realized after nine months that there was nothing I could do there to stop the violence.

Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow

Fordham Law Review

"We tell ourselves stories in order to live." -Joan Didion, The White Album (1970) "Their story, yours, mine - it's what we carry with us on this trip we take, and we owe it to each other to respect our stories and learn from them." -William Carlos Williams in Robert Coles, The Call of Stories: Teaching and the Moral Imagination 30 (1989)

Truth And Consequences, Stephen Ellmann

Fordham Law Review

No abstract provided.

There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green

Fordham Law Review

No abstract provided.

What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton

Fordham Law Review

[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him

Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum

Fordham Law Review

No abstract provided.

Fee Payments To Criminal Defense Lawyers From Third Parties: Revisiting United States V. Hodge And Zweig, David Orentlicher

Fordham Law Review

No abstract provided.

The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel

Fordham Law Review

No abstract provided.

Everests Of The Mundane: Conflict Of Interest In Real-World Legal Practice, Susan P. Shapiro

Fordham Law Review

No abstract provided.

From The Bankruptcy Courts: A Flexible Standard For Shielding Tardily Perfected Security Interests From Preference Attack, Alan N. Resnick, Brad Eric Scheler

Hofstra Law Faculty Scholarship

No abstract provided.

A Study Of Topographic Rossby Waves In The Mid-Atlantic Bight And Their Possible Coupling To Gulf Stream Meanders, Oleg G. Logoutov

Open Access Master's Theses

Topographic Rossby Waves (TRWs) have been shown to be strikingly energetic and persistent in the Mid-Atlantic Bight, and a mounting observational evidence suggests that they might couple to the Gulf Stream (GS) in the region off Cape Hatteras, affecting GS meander development processes. This thesis presents a detailed study of TRW properties from a quasi-geostrophic (QG) framework with an aim to address the problem of TRW-Gulf Stream coupling.

First, a quasi-geostrophic theory is employed to find the dispersion properties of TRWs off Cape Hatteras, in the absence of a mean flow. A new tool is developed which allows to determine …

Maverick Or Trendsetter - Fifth Circuit Addresses Slippery Questions In Employment Discrimination, William Trey Jones Iii

MC Law Review

No abstract provided.

Sex And Gender Through An Analytic Eye: Butler On Freud And Gender Identity, Anna Gullickson '00

Honors Projects

In her book. Gender Trouble, Judith Butler reinforces the conception held by many feminist philosophers that gender identity is not natural but rather culturally-constructed. Butler supports this conception of gender mainly by reading (and misreading) Freud. I will undertake a critical reconstruction of Butler's claims about gender identity which are based on Freud. In order to complete this project, I will outline (J) currents of feminism leading us to this question of the constructedness of gender, (2) Freud's theories, especially his account of sexual development and (3) two of Butler's main criticisms of Freud. Through this exploration, I will explain …

National Political Influence And The Catholic Church, Jennifer Nash '00

Honors Projects

Previous literature has focused on the political importance ofthe Catholic Church within democratic transitions, while little research has followed the role ofthe Church in post transitional settings. The present research acknowledges a marked variation in the political influence among the national Churches of Poland, Brazil, Hungary and Spain following the institution of democracy. Within the national context, the Church's religious mission, the association ofthe Church with the former regime and the influence of the International Catholic Church emerge as explanatory factors.

The Debate Regarding The Freedman's Bureau: Is Equality Of Process Sufficient For Equality Of Results?, Terrence Chapman '01

Res Publica - Journal of Undergraduate Research

Historians and political theorists have delineated the concept of equality into two categories: the competitive individualist notion of equality of process and the egalitarian ideal of equality of results. The former is concerned with providing a level playing field for all, while the latter focuses on a just distribution resulting from the process. In other words, the egalitarian spirit was not absent from American history, but Americans believed that justice would best be served through competition.

The European Union: Cross-National Variation In Public Support, 1993, Jarrett Ruffino '00

Res Publica - Journal of Undergraduate Research

With the adoption of the Single European Act in 1985 and the Maastricht Treaty in 1991, the EU began dealing forcefully with issues pertaining to monetary union, social policy, foreign policy, and constitutional reform. Public opinion became increasingly important as national governments began formulating policies based on decisions in Brussels, Strasbourg, and Luxembourg that affected domestic policies.

Benefits By Gender: Determinants Of Welfare Accessibility For Migrant Women In Western Euope, Kathryn Vojack '00

Res Publica - Journal of Undergraduate Research

European countries accommodate, on average, 1,000 to 2,000 immigrants per year . Since immigration is a continuous occurrence within Europe, regulations regarding immigrant rights and privileges have been introduced. The European Union (EU) has developed legislation such as Council Regulation 1612/68 on Free Movement of Workers and the Maastrict Treaty to ensure equal access, establishment, and employment for incoming persons regardless of their natural place of origin, and equalize available benefits for migrants between member states. Why are some countries more generous to migrant women than others? Specifically what are the determinants of accessibility to social welfare benefits to migrant …

Evolutionary Decomposition Of Complex Design Spaces, Christopher Richard Bonham

School of Engineering, Computing and Mathematics Theses

This dissertation investigates the support of conceptual engineering design through the decomposition of multi-dimensional search spaces into regions of high performance. Such decomposition helps the designer identify optimal design directions by the elimination of infeasible or undesirable regions within the search space. Moreover, high levels of interaction between the designer and the model increases overall domain knowledge and significantly reduces uncertainty relating to the design task at hand. The aim of the research is to develop the archetypal Cluster Oriented Genetic Algorithm (COGA) which achieves search space decomposition by using variable mutation (vmCOGA) to promote diverse search and an Adaptive …

The Story Of The Dublin Institute Of Technology, Thomas Duff, Joe Hegarty, Matthew Hussey

Books

The Dublin Institute of Technology (DIT) was statutorily established as an autonomous institution on 1 January 1993, under the Dublin Instute of Technology Act (1992). It was constituted from the six higher education colleges of the City of Dublin Vocational Education Committee. This book describes the evolution and accomplishments of the Institute from its beginnings 113 years ago, and includes its rapid academic developments over the past thirty years. The DIT is now a multi-level higher education institution with the largest enrolment of all the higher education institutions in the state - about 22,000 (10,500 full-time students, 4,000 apprentices and …

Two Aspects Of Law And Theory, Ronald J. Allen

San Diego Law Review

In the last quarter of the twentieth century, there was much ado about law and theory, or the relationship between law and theory, or legal theory, phrases that I take to be synonymous, two aspects of which I want to discuss briefly today. With an introductory sentence like that, the normal expectation would be that the next sentence would somehow work in the phrase "about nothing," and, not wanting to be unpredictable, thus casting doubt on somebody's behavioral theory, I will fulfill this expectation by saying that a fair amount of the ado about legal theory was indeed about nothing. …

Retribution In Criminal Theory, Douglas N. Husak

San Diego Law Review

I will focus on three separate but intimately related dimensions of what I have identified as Moore's central theme. In Part H, I examine his views

about the data from which a theory of the criminal law is to be constructed. In Part I, I discuss his account of the rationale of punishment. In Part IV, I scrutinize his defense of legal moralism as a theory of legislative aim. I express general misgivings about the extraordinarily central place Moore affords retribution in his account of the criminal law as it exists today. I want to stress at the outset, however, …

Modelling, Testing And Design, Of A Surface Piercing Propeller Drive, Peter Kevin Dyson

School of Engineering, Computing and Mathematics Theses

Surface Piercing Propellers (SPPs) are used for high speed vessels in order to avoid the high appendage drag and cavitation problems associated with conventional propellers. The set of forces to which they are subjected is far more complex and demanding than conventional propellers. Not only are the forces much increased, but each goes through large transients as successive blades pass through the water. This project has endeavoured to improve the techniques and data available to the designer, giving more confidence in the design of the shaft and bearing system. Performance data has been measured on model propellers including both mean …

Exploring And Exploiting Models Of The Fitness Landscape: A Case Against Evolutionary Optimization, Jonathan Paul Moore

School of Engineering, Computing and Mathematics Theses

In recent years, the theories of natural selection and biological evolution have proved popular metaphors for understanding and solving optimization problems in engineering design. This thesis identifies some fundamental problems associated with this use of such metaphors. Key objections are the failure of evolutionary optimization techniques to represent explicitly the goal of the optimization process, and poor use of knowledge developed during the process. It is also suggested that convergent behaviour of an optimization algorithm is an undesirable quality if the algorithm is to be applied to multimodal problems. An alternative approach to optimization is suggested, based on the explicit …

Developing Marketing Competence And Managing In Networks: A Strategic Approach, Aidan O'Driscoll, David Carson, Audrey Gilmore

Articles

Two important domains of scholarly investigation over the last decade, competency development and networks, share important common ground. These domains are also comprehended gainfully in terms of their wider strategic underpinning. This paper first contends that competence is considered best in terms of the particular strategy–structure–shared values constellation of a firm. This enables competence, including marketing competence, to be understood in terms of competency deepening (within the conventional marketing function), broadening (marketing activity which must be shared and co-managed with other parts of the firm), and of partnering (essentially, the ability to manage alliances, networks and relationships between the firm …

Electronic Control Of Torque Ripple In Brushless Motors, Peter Franz Kocybik

School of Engineering, Computing and Mathematics Theses

Brushless motors are increasingly popular because of their high power density, torque to inertia ratio and high efficiency. However an operational characteristic is the occurrence of torque ripple at low speeds. For demanding direct drive applications like machine tools, robot arms or aerospace applications it is necessary to reduce the level of torque ripple. This thesis presents an in depth investigation into the production and nature of torque ripple in brushless machines. Different torque ripple reduction strategies are evaluated and one reduction strategy using Park's transform as a tool is identified as the promising strategy. The unified machine theory is …

Understanding Dependency And Passivity: Reactive Behavior Patterns In Writing Centers, Beth Rapp Young, Emily Dziuban

The Writing Center Journal

No abstract provided.

Preparing To Sit At The Head Table: Maintaining Writing Center Viability In The Twenty-First Century, Muriel Harris

The Writing Center Journal

No abstract provided.