Digital Commons Network^™

Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort

Fordham Urban Law Journal

This Note first discusses the legal precedents, child development theories, and policies regarding "reasonable efforts" and parental termination that led to the enactment of ASFA. Next, it examines Illinois's and New York's different responses to ASFA. It also introduces the debate over "congregate care" as an alternative for those children who may never be returned to a parent's care, but whom are unlikely to be adopted. Lastly, it argues that the New York system is more workable than the Illinois system given the complexities of the foster care system. This Note concludes by arguing the federal government's rigid time frame …

Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec

Fordham Urban Law Journal

Panelist Valerie B, a survivor of domestic abuse, discussed her experience in a abusive relationship with another woman. She discussed the trauma and how she slowly got out of the relationship. Panelist Lisi Lord, associate director of programs at My Sisters' Place, then gave an overview of the things she has learned working with victims of violence on the LGBT community. She discussed some of the barriers they face as a marginalized group and how their expression of sexuality and societal response to it makes their problems unique. Panelist Lt. Grace A. Telesco, chair of the Behavioral Science Department of …

Overcoming Barriers In Communities

Fordham Urban Law Journal

Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …

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 …

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. …

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 …

The Education Justice: The Honorable Lewis Franklin Powell, Jr., Victoria J. Dodd

Fordham Urban Law Journal

The Honorable Lewis Franklin Powell, Jr. is “the education Justice” of the United States. During his tenure on the U.S. Supreme Court, from 1971 to 1987, Justice Powell authored at least twenty major opinions in education law, in addition to numerous significant concurrences and dissents. Just a sampling of Justice Powell's majority opinions on education could form the bulk of an education law textbook recognizable by any American law student. This Article will explore some of Justice Powell's major Supreme Court rulings in education law. It will also consider how these rulings may have related to aspects of Justice Powell's …

Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo

Fordham Urban Law Journal

Brown ushered in an era that has led to admirable, yet arguably incomplete, gains in equal educational opportunities for all children, most notably minorities, females, and students with disabilities. However, despite the progress that has been made in the struggle for educational equality, many exceptional students are not being fully served. Aside from commission reports and rhetoric, little has been done at either the federal or state level to offer appropriate programming for gifted and talented children's educational needs. It is questionable whether educational leaders and policy makers have taken sufficient steps to meet the educational needs of gifted children. …

An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligman

Fordham Urban Law Journal

The Individuals with Disabilities Education Act (the “IDEA”) has been a part of our public education system since 1975. The IDEA was enacted in response to the exclusion and inadequate education of children with disabilities. The IDEA is widely viewed as having opened the doors to education to previously excluded children. During the summer of 2001, as Congress labored to pass new standards for public education, the Secretary of Education under President George W. Bush's administration resisted efforts to increase funding for special education, asserting that the IDEA needed reforms that money could not address. This article argues that the …

Strong, Smart, And Bold Girls: The Girls Incorporated Approach To Education , Heather Johnston Nicholson, Mary F. Maschino

Fordham Urban Law Journal

Girls Incorporated is a national non profit youth organization that "inspires all girls to be strong, smart and bold". in 200, Girls Inc. programs reached more than 740,000 girls and young women ages six through eighteen. A vast majority of these programs are conducted at schools during and after the school day. Program areas include science, media criticism, leadership, and substance use prevention. This article explores the different tactics, philosophies, and programs utilized used by Girls Inc.

Human Immunodeficiency Virus Type 1 Quasi Species That Rebound After Discontinuation Of Highly Active Antiretroviral Therapy Are Similar To The Viral Quasi Species Present Before Initiation Of Therapy, Keith A. Crandall, Hiromi Imamichi, Ven Natarajan, Min Kang Jiang, Robin L. Dewar, Steve Berg, Arunasri Gaddam, Marjorie Bosche, Julie A. Metcalf, Richard T. Davey Jr., H. Clifford Lane

Faculty Publications

In an effort to identify the sources of the viruses that emerge after discontinuation of therapy, analyses of human immunodeficiency virus (HIV) quasi species were done for 3 patients with sustained levels of HIV RNA of <50 copies/mL for 1-3 years. The sequences found in the rebounding plasma virus were closely related to those of the actively replicating form of viruses present before the initiation of combination therapy. All quasi species found in the rebounding plasma virus were also present in proviral DNA, cell-associated RNA in peripheral blood mononuclear cells (PBMC), and virion RNA derived from PBMC coculture during periods when plasma HIV RNA levels were <50 copies/mL. These findings suggest that the rapid resurgence of plasma viremia observed after discontinuation of therapy and the viruses cocultured from PBMC are derived from a relatively stable pool of the replicating form of virus rather than from activation of a previously latent pool.

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, …

The Relationship Between Income And The Ability To Follow The Prescribed Medication Plan In Elderly Persons With Heart Failure, Lori Houghton-Rahrig

Masters Theses

The purpose of this study was to determine if there was a relationship between income, and obtaining and taking of medications as prescribed. The conceptual framework used for this study was Madeleine Leininger's cultural care diversity and universality theory. This secondary analysis used the initial data from the primary study. “ Home Care Outcomes for Heart Failure: A Test of Two Nursing Approaches" (Kline, 1999). A convenience sample of 70 home care clients with heart failure were interviewed using a Likert scale format. A non-parametric correlation using Spearman’s rho depicted a weak relationship between annual income and taking the medication …

School Nurses Asthma Knowledge And Management, Roles And Functions, Carolyn Levi

Masters Theses

The purpose of this study was to explore school nurses’ asthma knowledge, and how they implemented their clinical practice within the school setting. The study also examined the role and functions of the school nurse to compare for continuity. This study examines the relationship of school nurses’ educational level and length of experience upon asthma knowledge.

A self-report survey design was used to collect data. Instrument modification was initiated prior to use. The theoretical basis for this study was the Neuman Systems Model. Results were analyzed in order to investigate relationships and findings. The findings of this study showed no …

The Effect Of Supportive-Educative Nursing Interventions On The Hospital Readmission Rates Of Patients With Heart Failure, Patrice M. Whitaker

Masters Theses

The prevalence of heart failure (HF) is increasing and patients with HF are frequently readmitted to hospitals soon after discharge, at great cost. Improving self-care and reducing hospitalizations in this group is vital. This study, based on Dorothea Orem’s ( 1995) self-care deficit theory, evaluated supportive-educative vs. placebo nursing interventions. The study results were drawn from a larger longitudinal study done by Dr. Kay Setter-Kline, Ph.D., R.N.

The study sought to determine if supportive-educative nursing interventions reduced the rehospitalization rate for patients with HF. The Self-Management Tool was utilized for data collection, after being adapted from the Chronic Disease Self-Management …

The Effects Of Mentoring On Staff Nurses' Job Satisfaction, Karen Delrue

Masters Theses

The shortage of registered nurses in the nation’s healthcare organizations calls for an exploration of avenues that can impact recruitment and retention. The practice of mentoring has demonstrated a positive impact on job satisfaction in previous studies. The purpose of this study was to determine if RNs would identify having mentors in their professional careers and to examine differences in levels of job satisfaction compared to those without a mentor. This study also explored whether or not the perceived quality of the mentor affected job satisfaction. Data were collected through the use of standardized questionnaires from a probability sample of …

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 …

Achievement Goals And Exam Performance: An Exploration Of The Role Of Study Strategies And Anticipatory Test Anxiety, Chris Andrew Baldwin

All-Inclusive List of Electronic Theses and Dissertations

The most influential approach to the study of achievement motivation in contemporary literature has been the achievement goal approach. Achievement motivation has been conceptualized by Elliot and colleagues (Elliot, 1997; 1999; Elliot & Church, 1997; Elliot & Harackiewicz, 1996; Elliot & McGregor, 1999; Elliot, McGregor, & Gable, 1999) as a hierarchical model in which achievement motives, need for achievement and, fear of failure, influence the adoption and pursuit of three distinct types of achievement goals (i.e., mastery, performance-approach, and performance-avoidance). Pursuit of these various achievement goals, in turn, directly predicts achievement-relevant outcomes. Only recently has research begun to emerge exploring …

Denial And Locus Of Control In Cardiac Rehabilitation, Jami Barto Hoxmeier

All-Inclusive List of Electronic Theses and Dissertations

Denial is a defense mechanism cardiac patients use to cope with the trauma of a cardiac event. Empirical findings document positive and negative effects of denial on cardiac patients' health and health-promoting behavior. Theoretical models of stress and coping suggest denial can interfere with health-promoting behavior when individuals are in control of variables affecting their health. This study addressed the research question: What effect do denial and internal locus of control have on exercise adherence and physiological gains in cardiac rehabilitation? One hundred-thirty patients in an outpatient cardiac rehabilitation program completed the Cardiac Denial of Impact Scale, the Multidimensional Health …

Implementation Of Middle -Level Programmatic Characteristics And Their Impact On Eighth-Grade Istep+ Scores, Mark Alan Baker

All-Inclusive List of Electronic Theses and Dissertations

The study's purposes were to (1) analyze the difference among the level of implementation of middle level programmatic characteristics (Advisor/Advisee guidance program, cocurricular activities, exploratory classes, flexible scheduling, interdisciplinary teams, and integrated curriculum) and middle level grade configuration (K–8, 6–8, 7–8, 7–12); (2) analyze the relationship between the level of implementation of middle level programmatic characteristics and 8 th Grade ISTEP+ scores; (3) analyze the difference in 8 th Grade ISTEP+ scores among middle level grade configurations; (4) analyze the linear composite of middle level programmatic characteristics which explains the amount of the variance in 8 th Grade ISTEP+ scores; …

Canadian Federalism And Its Impact On Cross-Border Trade, Patrick J. Monahan

Articles & Book Chapters

No abstract provided.

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 …

Hierarchical Classification And The Integration Of Self-Structure In Late Adolescence, Eric B. Elbogen, Gustavo Carlo, William D. Spaulding

Department of Psychology: Faculty Publications

A number of empirical studies have demonstrated that one’s self-concept is multidimensional in nature, varies according to social context, and shows increased differentiation throughout adolescence. There has been relatively less work, however, examining the integration of multi-dimensional social selves. Rosenberg and Gara’s (1985) model of the multidimensional self (a model that utilizes a statistical procedure called “hierarchical classification” or HICLAS) was employed to investigate the integration of social selves during late adolescence. First- and fourth-year college students (n = 128) completed a computer program designed to collect data required to construct HICLAS “self-structures.” The findings indicated that the social selves …

Gendering The Pension Promise In Canada: Risk, Financial Markets And Neoliberalism, Mary Condon

Articles & Book Chapters

This article argues that retirement income provision in Canada is built on gendered assumptions, which produce material disadvantage for women. These inequalities are being exacerbated by current neoliberal trends towards the 'marketization' and individualization of pension provision, supported by tax, securities and corporate legal norms. The argument is developed using recent legislative changes to the operation of the Canada Pension Plan and recent developments in the regulation of mutual funds in Ontario as case studies. The article concludes by sketching out some possible points of departure for feminist interventions in pension privatization debates.

The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis

Articles & Book Chapters

Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …

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 …

Small-Angle X-Ray Studies Of Soot Inception And Growth, Jan P. Hessler, Soenke Seifert, Randall E. Winans, Thomas H. Fletcher

Faculty Publications

The high spectral intensity of X-rays produced by the undulator at the Basic Energy Sciences Synchrotron Radiation Center of Argonne's Advanced Photon Source has allowed us to perform small-angle X-ray scattering (SAXS) studies of the initial distribution of soot particles formed by various fuels. SAXS provides an in situ probe of the morphology of soot in the region between 1 and 100 nm and complements the ex situ technique of electron microscopy. The basic aspects of SAXS and its potential are illustrated with measurement on a laminar flame of acetylene in air. The more complex fuel toluene has been studied …

Sonification Of Daily Weather Records: Issues Of Perception, Attention And Memory In Design Choices, John H. Flowers, Laura E. Whitwer, Douglas C. Grafel, Cheryl A. Kotan

Department of Psychology: Faculty Publications

Daily climate records that include temperature and precipitation observations, along with other optional “event” records (such as a severe storm occurrence or the highlighting of record high or low temperatures) are a form of multivariate time series data that is well suited to sonification. Our project describes and demonstrates sonification of historical monthly weather records from Lincoln, Nebraska that allow perceptual comparisons between corresponding monthly records from different years for illustration of climatic trends and fluctuations. Choices of data-sound mapping schemes and temporal properties of the display will be related to basic principles of auditory perception, attention and cognition

Vireo Song Repertoires And Migratory Distance: Three Sexual Selection Hypotheses Fail To Explain The Correlation, D. James Mountjoy, Daniel Leger

Department of Psychology: Faculty Publications

Previous studies have found a relationship between migration and the degree of elaboration of sexually selected traits, but investigators have differed in the mechanisms they proposed to account for this association. We examined the relationship between song repertoire size and distance migrated among birds in the genus Vireo. There is a strong positive relationship between migratory distance and repertoire size in this genus, but our data do not support the specific predictions of any of the three proposed mechanisms (the “rapid pairing,” “good migrations,” and “territory lottery” hypotheses). Migration distance is presumably correlated with other life-history characteristics that influence the …

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.