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2001

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Articles 11401 - 11430 of 14881

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Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach Jan 2001

Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach

Fordham Urban Law Journal

Should the meaning of "ethical" lawyering change in the ADR context? This article contains several essays arguing that change is needed, that current ethics rules and codes must be adjusted, and new rules must be drafted that respond to the subtleties and complexities of the issues raised in ADR legal practice. Professor Carrie Menkel-Meadow provides an overview of the major ethical issues facing lawyers in ADR practice and reviews the current ethics rules landscape in ADR. Professor Robert Cochran offers a proposal to amend the current professional responsibility rules to include a mandate for advising clients of ADR options. Professor …

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Privatization And Political Accountability, Jack M. Beerman Jan 2001

Privatization And Political Accountability, Jack M. Beerman

Fordham Urban Law Journal

This article draws some general connections between privatization and political accountability. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly privatized entity. Court-created constitutional limits on privatization concerning political accountability have antecedents in recent Tenth Amendment jurisprudence and not-so-recent nondelegation cases. "Privatization" denotes a broad spectrum …

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Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek Jan 2001

Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek

Fordham Urban Law Journal

The Welfare State of the mid-twentieth century has been supplanted by the rise of the Contractual State, miring welfare reform in the United States in this worldwide reinvention of government. Moving people from welfare to work became a primary goal of federal welfare policy with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the Temporary Assistance for Needy Families program it created. This new structure expressly permits states to devolve welfare policy and operations further still, to the county and city levels, and even to private vendors. As a result of this change, new issues of accountability …

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The Changing Shape Of Government Jan 2001

The Changing Shape Of Government

Fordham Urban Law Journal

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …

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International Law Clients: The Wisdom Of Natural Law, Robert John Araujo Jan 2001

International Law Clients: The Wisdom Of Natural Law, Robert John Araujo

Fordham Urban Law Journal

This Article discusses natural law, the foundation of many international law principles. First, it describes the natural law and its bearing on the practice of international law. Second. it describes the concept of "the common good," a foundation of natural law. Third, it introduces the term "solidarity" and its relation to achieving the common good. Fourth, it describes the concept of "subsidiarity," a form of decision-making necessary for natural law to inform international law. Finally, it explains the suum cuique, a critical precept in natural law as it applies to international law. The Article concludes that natural law principles that …

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Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin Jan 2001

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Fordham Urban Law Journal

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

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Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel Jan 2001

Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel

Fordham Urban Law Journal

This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …

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Beyond Economically Targeted Investments: Redefining The Legal Framework Of Pension Fund Investments In Low-To-Moderate Income Residential Real Estate, Alec Sauchik Jan 2001

Beyond Economically Targeted Investments: Redefining The Legal Framework Of Pension Fund Investments In Low-To-Moderate Income Residential Real Estate, Alec Sauchik

Fordham Urban Law Journal

This Note first presents the socioeconomic theory underlying the concept of ETIs and outlines the scope of trustees' fiduciary obligations to plan participants when making investments in residential real estate. It also analyzes relevant case law pertaining to fiduciary duties of pension fund trustees. Next, it compares two conflicting views on the legality of economically targeted investments. Finally, it argues that although the legal framework applicable to the fiduciary obligations of pension fund trustees is inadequate to fully address all challenges to the legality of ETIs, pension fund investments in low-to-moderate income residential real estate can be reconciled with the …

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Do The Clothes Make The Man? Implications Of A Witness' Status In The Determination Of Probable Cause, Jessica Ward Jan 2001

Do The Clothes Make The Man? Implications Of A Witness' Status In The Determination Of Probable Cause, Jessica Ward

Fordham Urban Law Journal

This Note examines police determination of probable cause based on witness credibility. It first sets out the probable cause standard and details the relevant probable cause case law and the policy considerations behind the Fourth Amendment. Next, it examines different types of witnesses the police encounter and analyzes whether the status of the witness implies more or less credibility. Finally, it evaluates the factors that officers apply in their determination of witness credibility. This Note concludes that the status of the witness should not be determinative, but rather should be just one of the factors the police take into account …

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Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj Jan 2001

Making Lawyers Good People: Possibility Or Pipedream?, Subha Dhanaraj

Fordham Urban Law Journal

This Comment first outlines general conceptions of morality and moral development according to the widely accepted model promulgated by Professor Lawrence Kohlberg, and enunciates the importance of moral theory in the context of legal education. Next, it analyzes competing views of moral development and challenges some general concerns about the value of moral education in law schools. It then proposes the incorporation of moral teaching in the law school curriculum to remedy the disjunction between persona convictions and legal analysis stemming from the Langdellian method of legal training. Finally, it discusses the challenges to incorporating moral education into legal training. …

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Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden Jan 2001

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden

Fordham Urban Law Journal

The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …

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The Diversity Dialogues In Higher Education, John H. Bunzel Jan 2001

The Diversity Dialogues In Higher Education, John H. Bunzel

Fordham Urban Law Journal

It is hard to be an enemy of diversity. Most Americans recognize diversity as one of the nation’s proudest attributes. Beyond that, however, there is confusion over the term’s meaning. No matter how often people say the word, or how strongly they believe in it, they continue to ignore the way diversity has become an all-embracing concept. The term “diversity” has become a code word that fails to define precisely what it allegedly exalts and what exactly is to be accomplished by those who extol its virtues. The elasticity of the term “diversity” has masked many kinds of questionable conduct. …

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Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton Jan 2001

Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton

Fordham Urban Law Journal

The past decade has witnessed a remarkable resurgence of interest in all-girls’ education. Following the enactment of Title IX in 1972, the number of single-sex schools declined. By the mid 1990s, only two public girls’ schools remained. What, then, explains the remarkable renaissance that has occurred in just over a decade’s time? What has led to the renewal of interest in girls’ schools? How does an all-girls education differ from a co-educational education? The answers to these questions can be found in a series of interrelated developments in educational theory, gender research, and the link between brain function and the …

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Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes Jan 2001

Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes

Fordham Urban Law Journal

Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …

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Procreation And The Prisoner: Does The Right To Procreate Survive Incarceration And Do Legitimate Penological Interestes Justify Restrictions On The Exercise Of The Right, Richard Guidice Jr. Jan 2001

Procreation And The Prisoner: Does The Right To Procreate Survive Incarceration And Do Legitimate Penological Interestes Justify Restrictions On The Exercise Of The Right, Richard Guidice Jr.

Fordham Urban Law Journal

No abstract provided.

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Effects Of Selctive Lesions Of The Nucleus Basalis Magnocellularis On Working Memory In Rats., Michelle Marie Noble Jan 2001

Effects Of Selctive Lesions Of The Nucleus Basalis Magnocellularis On Working Memory In Rats., Michelle Marie Noble

All-Inclusive List of Electronic Theses and Dissertations

The nucleus basalis magnocellularis (NBM) of the rat brain is analogous to the nucleus basalis of Meynert found in humans. Alzheimer's disease patients have working memory impairments, which may be attributable to damage to the basal nucleus of Meynert. Excitotoxins such as quisqualic and ibotenic acid have been previously used to make lesions of the NBM in research animals. NBM lesions made with ibotenic or quisqualic acid are known to impair working memory. However, in addition to damaging the cholinergic neurons of the NBM, the lesions made by these excitotoxins also destroy cells of other nearby structures, and it is …

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Infection And Transovarial Transmission Of Rickettsiae In Dermacentor Variabilis Acquired By Artificial Feeding, K. R. Macaluso, Daniel E. Sonenshine, Shane M. Ceraul, A. F. Azad Jan 2001

Infection And Transovarial Transmission Of Rickettsiae In Dermacentor Variabilis Acquired By Artificial Feeding, K. R. Macaluso, Daniel E. Sonenshine, Shane M. Ceraul, A. F. Azad

Biological Sciences Faculty Publications

In this study we examined the efficiency of an in vitro feeding technique using glass microcapillaries as a method of establishing rickettsiae-infected lines of ticks. To quantify the volume ingested by ticks during microcapillary feeding, the incorporation of radiolabeled amino acids in tick gut and hemolymph was calculated. Fifteen of 18 ticks consumed between 0.06 μl and 6.77μl. However, ingestion of fluid was not correlated to weight gain during capillary feeding. Uninfected and partially fed laboratory-reared female Dermacentor variabilis ticks were exposed to either Rickettsia montana- or Rickettsia rhipicephali-infected Vero cells via microcapillary tubes, returned to rabbit hosts, …

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A Qualitative Evaluation Of The Safety Program At Newport Chemical Depot, Newport, Indiana, Patrick William Guy Jan 2001

A Qualitative Evaluation Of The Safety Program At Newport Chemical Depot, Newport, Indiana, Patrick William Guy

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this qualitative study was to evaluate the perceived effectiveness of the Safety Program at Newport Chemical Depot, Newport, Indiana. A desired outcome of the qualitative study was to inform management about how previous events affected the Safety Program and there direct effect on lowering accident statistics and worker compensation costs. Constant comparative analysis was selected to collect, codify, and analyze the data. Data for this qualitative study was supplied from record and document reviews and validated by the use of a three-member evaluation team and by interviewing workers that were working at Newport Chemical Depot between 1986 …

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Standardized Group Achievement Tests And The Accommodation Of Additional Time, Kevin Lance Buehler Jan 2001

Standardized Group Achievement Tests And The Accommodation Of Additional Time, Kevin Lance Buehler

All-Inclusive List of Electronic Theses and Dissertations

Statewide assessment test data are increasingly being used to make important decisions for students and teachers. Since the re-authorization of the Individuals with Disabilities Act (PL 105-17) in 1997, states are mandated to include students with disabilities in state and district assessment programs, using appropriate accommodations. Research on the value of specific accommodations, and on the effects of accommodations on test data, though, is scarce. Studies conducted on the accommodation of additional time have not consistently found that students with disabilities obtain greater benefit from this accommodation than students without disabilities. In addition, school personnel have few objective methods to …

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Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott Jan 2001

Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott

Articles & Book Chapters

The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …

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Judgment Proofing The Profession, Poonam Puri Jan 2001

Judgment Proofing The Profession, Poonam Puri

Articles & Book Chapters

In the law of business organizations, individuals have generally been unrestrained in choosing which legal form they will use to carry on productive endeavors. Professionals, however, have not been afforded such freedom. They have found themselves prohibited by their self-regulatory bodies from practicing their profession in a corporate form. As a result, members of professions have practiced either as sole practitioners or in partnership with other members of the same profession. Professionals practicing in partnership expose themselves to personal liability for the obligations of the partnership and wrongdoing by their partners. This Article analyzes the rise of limited liability partnerships …

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Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil Jan 2001

Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil

Articles & Book Chapters

In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.

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Parental Compliance: Its Role In Terimination Of Parental Rights Cases, Eve M. Brank, Angela L. Williams, Victoria Weisz, Robert E. Ray Jan 2001

Parental Compliance: Its Role In Terimination Of Parental Rights Cases, Eve M. Brank, Angela L. Williams, Victoria Weisz, Robert E. Ray

Department of Psychology: Faculty Publications

This Article examines the current state of termination of parental rights law, along with the results of an appellate case review, an exploratory project, and an empirical investigation of decision-making related to these cases. Section I begins with an overview of termination of parental rights law. The focus of this section will be recent statutory changes in the area, highlighting some key differences between the former and the current law. In Section II, the focus shifts to a review of the foundations for the empirical study that will be described later in the Article. Section III more specifically addresses the …

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Interpreting Intervention, Craig Scott Jan 2001

Interpreting Intervention, Craig Scott

Articles & Book Chapters

The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …

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In The Name Of The International: The Supreme Court Of Canada And The Internationalist Transformation Of Canadian Private International Law, Robert Wai Jan 2001

In The Name Of The International: The Supreme Court Of Canada And The Internationalist Transformation Of Canadian Private International Law, Robert Wai

Articles & Book Chapters

Globalization and internationalization are pervasive in contemporary cultural, political, and economic policy discourses. Not surprisingly, a concern with internationalization and globalization increasingly characterizes the policy discourses of law. While the law often operates at a lag to broader social trends, it is sometimes more active in constituting such trends. This article is concerned with a striking episode of legal change oriented towards the perceived new realities of the international system, which occurred in the unlikely venue of private international law in Canada.

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What Is Marriage-Like Like? The Irrelevance Of Conjugality, Brenda Cossman, Bruce Ryder Jan 2001

What Is Marriage-Like Like? The Irrelevance Of Conjugality, Brenda Cossman, Bruce Ryder

Articles & Book Chapters

While the notion of conjugal or marriage-like has become legally ubiquitous in the regulation of non-marital cohabitation in Canada, its meaning remains elusive. A review of the case law and of spousal definitions in income security schemes reveals that the presence or absence of a sexual component to a relationship has become immaterial to, or of declining relevance in, the determination of conjugality. As a result, legal decision-makers have had to grapple with the increasing instability of the distinction between conjugal and non-conjugal relationships. The question of whether a relationship has a sexual component bears no relation to legitimate state …

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The Property/Contract Interface, Thomas W. Merrill, Henry E. Smith Jan 2001

The Property/Contract Interface, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

This Article explores the distinction between in personam contract rights and in rem property rights. It presents a functional explanation for why the legal system utilizes these two modalities of rights, grounded in the pattern of information costs associated with each modality. To test this theory, the Article examines four legal institutions that fall along the property/contract interface – bailments, landlord-tenant law, security interests, and trusts – in order to determine how the legal doctrine varies as the underlying situation shifts from in personam, to in rem, to certain relations intermediate between these poles. With respect to each institution, we …

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Theorizing Yes: An Essay On Feminism, Law, And Desire, Katherine M. Franke Jan 2001

Theorizing Yes: An Essay On Feminism, Law, And Desire, Katherine M. Franke

Faculty Scholarship

In this Essay, Professor Franke observes that, unlike feminists from other disciplines, feminist legal theorists have neglected to formulate a positive theory of female sexuality. Instead, discussions of female sexuality have been framed as either a matter of dependency or danger. Professor Franke begins her challenge to this scheme by asking why legal feminism has accepted unquestionably the fact that most women reproduce in their lifetimes. Why have not social forces that incentivize motherhood – a dynamic she terms repronormativity – been exposed to as exacting a feminist critique as have heteronormative forces that normalize heterosexuality? Furthermore, she continues by …

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Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr. Jan 2001

Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.

Faculty Scholarship

The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …

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Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins Jan 2001

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Faculty Publications

No abstract provided.

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