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Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero

Faculty Scholarship

This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero

Faculty Scholarship

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …

Rape And Force: The Forgotten Mens Rea, Kit Kinports

Faculty Scholarship

In rape cases involving physical violence or express threats of physical harm, proof of the actus reus obviously does establish mens rea with respect to force as well as nonconsent. A defendant who beat or threatened to kill his victim could hardly raise a plausible argument that he did not know he was using force. But, in other circumstances, the defendant's mens rea vis-a-vis force may be less clear, and it may therefore make a difference whether a rape conviction requires proof that the defendant purposely intended to use force, or whether it is enough that he knew he was …

Class Action Advice In The Form Of Questions, Edward H. Cooper

Articles

The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt to contemplate adaptation of United States practice to different cultures, political structures, substantive laws, and courts with dissimilar surrounding procedures. It is distracting because there are so many different levels of possible comparison that the choice of perspective must be tailored to the immediate occasion. It is tempting to take on the most important sets of questions-for example, …

E' Is For Eclectic: Multiple Perspectives On Evidence (Symposium: New Perspectives On Evidence), Richard D. Friedman

Articles

A conference titled "New Perspectives on Evidence: Experts, Empirical Study and Economics" has a pronounced alliterative theme, a theme made even more apparent when, inevitably in evidentiary discourse, epistemological questions come to the fore. It is enough to make one suspect that the conference is secretly brought to you by the letter "E," hiding behind its public front, the Olin Foundation. Putting aside such conspiratorial thoughts, all these "E's" suggest the presence of a meta-"E"-Eclecticism. Indeed, I believe this conference has demonstrated the need for an eclectic approach to evidentiary problems. That should be no surprise. The domain of evidentiary …

The Bison: 2001, Howard University

Howard University Yearbooks

This digital object was funded in part through a grant from the Andrew W. Mellon Foundation. The digitalization of this object was part of a collaborative effort with the Washington Research Library Consortium and George Washington University.

Continuity And Contradiction In The Theory And Discourse Of Dependence, Brigid Kennedy-Pfister

Fordham Urban Law Journal

The terms “dependence” and “independence” have historically been used as status makers in social and political discourse in the United States. As various groups and individuals have pursued particular political goals, they have used and defined those terms in diverse ways and attached different meanings and connotations to them. The category of “dependent” in particular has been transformed from a term that at one time marked a natural condition in which certain groups existed, to a term that today defines a social problem. This article describes the content of, and the reasons for this transformation. The author concentrates upon dependency …

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 …

Government As Administrator Vs. Government As Purchaser: Do Rules Or Markets Create Greater Accountability In Serving The Poor?, David R. Riemer

Fordham Urban Law Journal

The debate over privatization masks the fact that, whether government provides services with its own employees or buys the same services from private vendors, government remains in charge. This essay looks into the decision whether to use a traditional administrative structure to deliver a service or instead purchase it from private vendors.

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.

Counseling The Client: An Administrator's View, Daniel A. Degnan

Fordham Urban Law Journal

This Article examines what natural law is and how it should be used as an approach for lawyers. The article first describes that the theory of natural law and positive law is to attain the goal of effecting the common good. Daniel Degnan considers cases from his experience as a law school dean and how the counselors in those cases made good use of a natural law approach. Although the lawyers in all these cases were practitioners advising clients, elements of the common good seems to have been implicit in their handling of every one of the cases. He explains …

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 …

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. …

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 …

A Precept Of Managerial Responsibility: Securing Collective Justice In Instituational Reform Litigation, Anthony M. Bertelli, Laurence E. Lynn Jr.

Fordham Urban Law Journal

Institutional reform litigation confronts public administrators with troubling dilemmas, court directives often contradict the duties and responsibilities of public managers. Thus, the argument for judicial intervention is rarely straightforward. The authors argue that federal courts should refuse to hear institutional reform cases not only when federal court intervention would upset a state administrative scheme, but also when the institutional defendant is governed by a precept of managerial responsibility. When the agency's challenged actions have comported with this precept, they urge federal courts to let their state counterparts determine the agency's managerial responsibility in a common law process. The analysis begins, …

Diversity Efforts In Independent Schools, Michael Brosnan

Fordham Urban Law Journal

When it comes to diversity, many high-end institutions--including those in education, politics, and media--have been slow to change and reluctant to promote people who do not fit a certain profile. They are cautious institutions reflecting the broader culture of power. Independent schools are wrestling with the same concerns as law firms. They are trying to diversify their teaching staffs and student bodies, but are having limited success. Diversifying a school with a tradition of being predominantly white (and sometimes predominantly Christian) requires work on many fronts. Any effort to hire teachers of color, to be successful, must coincide with steps …

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 …

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 …

Diversity Efforts In Independent Schools , Michael Brosnan

Fordham Urban Law Journal

In recent years, independent schools have begun committing themselves to diversity. Schools are recruiting more students and teachers of color and have transformed their curriculum to better address race, gender, class religion, and sexual orientation. Schools must start marketing themselves to a broad spectrum of families, teachers, and administrators, and have done so in order to prepare students for the adult world to come. Schools need to hire and retain teachers of color. To achieve this, some overlapping efforts by schools include: creating the need to hire teachers of color with the school's mission, clarifying the school's climate and culture, …

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 …

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 …

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 …

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; …

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 …

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 …

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 …