Digital Commons Network^™

The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband

Fordham Urban Law Journal

This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …

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 …

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, …

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 …

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. …

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 …

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 …

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, …

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.

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.

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 …

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 …

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 …

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 …

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, …

Entropy Generation Method To Quantify Thermal Comfort, S. C. Boregowda, S. N. Tiwari, S. K. Chaturvedi

Mechanical & Aerospace Engineering Faculty Publications

The present paper presents a thermodynamic approach to assess the quality of human-thermal environment interaction and quantify thermal comfort. The approach involves development of entropy generation term by applying second law of thermodynamics to the combined human-environment system. The entropy generation term combines both human thermal physiological responses and thermal environmental variables to provide an objective measure of thermal comfort. The original concepts and definitions form the basis for establishing the mathematical relationship between thermal comfort and entropy generation term. As a result of logic and deterministic approach, an Objective Thermal Comfort Index (OTCI) is defined and established as a …

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 …

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.