Digital Commons Network^™

A Partial Legal Victory Against Continuing Discrimination: The New Supreme Court Ruling In Amtrak V. Morgan, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This June, the U.S. Supreme Court decided a technical, but important case interpreting Title VII of the Civil Rights Act of 1964. The case–National Railroad Passenger Corp. (Amtrak) v. Morgan- was a victory for victims of sexual and other forms of harassment, but a loss for victims of other forms of illegal workplace discrimination. The issue was whether incidents of discrimination that occurred outside the statute of limitations could nevertheless form the basis for a suit pursuant to the “continuing violations” doctrine. The answer from the Court, in a decision authored by Justice Clarence Thomas, was “Yes and no.”

Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Some people have argued that the uniform dispute resolution process used by ICANN to resolve domain name disputes would be a good model for internet disputes generally. This article argues the opposite: the UDRP teaches sobering lessons about the consequences of privatized dispute resolution processes. The lessons include: the questionable legitimacy of privately-adopted substantive standards; the danger of unprincipled choice of law decisions to fill in the gaps in that private law; unreconciled splits among arbitrators as to the meaning of the standards; and a tendency to expand beyond the narrow jurisdictional limits of the policy. The UDRP also demonstrates …

Postcards From The Edge: Surveying The Digital Divide, Andrew G. Celli Jr., Kenneth M. Dreifach

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Miss Scarlett's License Done Gone!: Parody, Satire, And Markets, Michael A. Einhorn

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Putin's Federal Reforms: A Legal-Institutional Perspective, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

The first year of Putin's presidency proved to be the most concerted and fundamental shake-up of federal relations in Russia since the 1993 Constitution. This paper examines this transition in detail, focusing attention on the legal-institutional aspects of this dramatic shift in policy. First, the end of Yeltsin's 'parade' - of sovereignties, bilateral treaties and special agreements - is examined. Next, attention is paid to Putin's early decrees: 'positive' decrees creating the seven federal districts and federal envoys, and 'negative' decrees that annulled regional laws and legal acts judged by him not to be in conformity with federal law. Finally, …

Court Refuses Moot Role, Arthur S. Leonard

Other Publications

No abstract provided.

Meiotic Cohesion Requires Accumulation Of Ord On Chromosomes Before Condensation., Eric M. Balicky, Matthew W. Endres, Cary Lai, Sharon E. Bickel

Biology Faculty Publications

Cohesion between sister chromatids is a prerequisite for accurate chromosome segregation during mitosis and meiosis. To allow chromosome condensation during prophase, the connections that hold sister chromatids together must be maintained but still permit extensive chromatin compaction. In Drosophila, null mutations in the orientation disruptor (ord) gene lead to meiotic nondisjunction in males and females because cohesion is absent by the time that sister kinetochores make stable microtubule attachments. We provide evidence that ORD is concentrated within the extrachromosomal domains of the nuclei of Drosophila primary spermatocytes during early G2, but accumulates on the meiotic chromosomes by mid to late …

The European Union In The World — A Community Of Values, John Richardson

Fordham International Law Journal

These are momentous times in Europe. The Euro has been successfully introduced, the enlargement negotiations are approaching their climax, and the European Convention (“Convention”) is moving towards the drafting of a constitution for a new, continent-wide political entity. At the same time, unrest is manifest, particularly in two areas. On the one hand, many of our citizens, and not just the political elites, are dissatisfied with Europe's performance on the world stage and are concerned about the maintenance of peace and security within the Union. In these areas they would like to see a strengthened, more effective entity-- “more Europe.” …

Defining Legitimate Competition: How To Clarify Pricing Abuses Under Article 82 Ec, John Temple Lang, Robert O'Donoghue

Fordham International Law Journal

This Article discusses the principles under Article 82 of the Treaty Establishing the European Community concerning anticompetitive or exclusionary abuses involving pricing issues. This Article is structured as follows. Part I outlines the basic economic thinking behind price discrimination and identifies the principal legal situations under Article 82 in which it arises. Discriminatory pricing should only be prohibited (and therefore needs to be justified) in a small number of situations. Parts II-III discuss the specific situations under Community competition law in which price discrimination and the legality of pricing practices may be relevant. Part II discusses rebate and discounting practices, …

The Egyptian Pharmaceutical Industry After Trips — A Practitioner's View, Nermien Al-Ali

Fordham International Law Journal

The pharmaceutical industry in Egypt is the largest in the Middle East and North Africa (“MENA”) region, and one that has attracted foreign investment despite the fact that Egyptian law has not always provided pharmaceuticals with patent protection. The situation changed with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS agreement” or “TRIPS”), strengthening the interest of the U.S. and other pharmaceutical companies in increasing their investment in Egypt. The Egyptian pharmaceutical industry is currently undergoing many changes spurred by the implementation of TRIPS and the globalization of trade. Many of these changes can be …

Sentencing Guidelines For Copyright Pirates In The United States And The Hong Kong Special Administrative Region: A Comparative Perspective, Jonathan J. Rusch

Fordham International Law Journal

As more and more nations prosecute copyright piracy cases, it is far from clear whether these nations, in seeking to protect legitimate copyright interests, will also recognize the need to achieve three goals in the sentencing of such cases. The first is honesty in sentencing: that is, avoiding situations in which the nominal sentence that a court initially imposes at sentencing may later be substantially reduced through the parole process. The second is reasonable uniformity in sentencing, so that courts do not have wide disparities in the sentences they impose on similar offenders who commit similar criminal offenses. The third …

An Analysis Of The United States-Cuba "Havana Club" Rum Case Before The World Trade Organization, Donald R. Dinan

Fordham International Law Journal

The United States-Cuba “Havana Club” trademark dispute has been one of the more controversial and potentially divisive cases before the World Trade Organization ('WTO') to date. In that case, the European Union ('EU') filed a complaint against the United States alleging that a law which prohibited the registration and enforcement in the United States of a Cuban trademark, 'Havana Club' rum, which was licensed to the French company, Pernod-Ricard, S.A. ('Pernod-Ricard'), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO Members and their nationals. The case intertwined enforcement of the U.S. Cuban embargo; U.S. …

The Territoriality Principle Of Patent Protection And Conflict Of Laws: A Review Of Japanese Court Decisions, Teruo Doi

Fordham International Law Journal

Among the various categories of intellectual property, the territoriality principle is applied most strictly to patent protection of inventions and copyright protection of works of authorship. The basic international standards for patent and copyright protections are set forth, respectively, in the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. As of April 15, 2002, 163 States are members of the Paris Union and 149 States are members of the Berne Union. Japan acceded to the Paris and Berne Conventions in 1899. A patent granted in one country has …

Self-Determination And Minority Rights, Frances Raday

Fordham International Law Journal

This Article tries to wend its way through the trail of human debris, the visions and the shattered dreams on both sides of the Israeli-Palestinian conflict, to a rational analysis of the applicability of international human rights norms, to the conflicting claims of two peoples to the same land. The right of both Jews and Palestinians to self-determination seems to be self-evident from the stories of the two peoples. Almost forty years after the Six Days War, the author turns to this issue in an attempt to analyze where this conflict now stands in terms of international human rights. This …

The Transition From Tradition To Reform: The Shari'a Appeals Court Rulings On Child Custody (1992-2001), Moussa Abou Ramadan

Fordham International Law Journal

The principal object of this Article is to demonstrate that Islamic law, like any system of law, is dynamic rather than static. Islamic law cannot be thought of as law disconnected from history and society. Like any other legal system, it is influenced by political, economic and social factors. In order to illustrate this idea, this Article takes as a case study the rulings concerning custody of the Shari'a Appeals Court in Israel. This Article surveys the rulings of the Shari'a Appeals Court addressing child custody from 1992 through 2001. This Article's central claim is that the Appeals Court's approach …

Selective Justice: The Case Of Israel And The Occupied Territories, Kathleen A. Cavanaugh

Fordham International Law Journal

While the focus in transitional justice literature is most often on functional or quasi-functional processes, this Article turns to the rather less explored path of dysfunctional transitions through the lens of the Israeli/Palestinian case. The stop and start nature of the "transition" from a conflict to the post-conflict process has reverted to a situation that the Israeli government has recently described as an 'armed conflict short of war." Against this backdrop, this Article provides insight into the role of law or its absence in transitioning conflict. As there are conflicting Israeli and Palestinian arguments regarding the legitimacy of Israeli occupation …

The Government Of Memory: Public Inquiries And The Limits Of Justice In Northern Ireland, Angela Hegarty

Fordham International Law Journal

The purpose of this Article is to examine the exercise and the usefulness of the public inquiry model, in the Northern Ireland conflict. This Article examines its role as both an accountability mechanism and a truth process, and in doing so I consider the proposition that public inquiries are employed by governments not as a tool to find truth and establish accountability for human rights violations, but as a way of deflecting criticism and avoiding blame.

Wto Dispute Settlement And Competition Law: Views From The Perspective Of The Appellate Body's Experience, H.C. Claus-Dieter Ehlermann, Lothar Ehring

Fordham International Law Journal

This Article explores the extent to which the dispute settlement system of the WTO would be suitable in resolving competition-related cases. It first recalls that under existing trade rules, national competition law and practice are not exempt from, but rather subject to, the application of the dispute settlement system. Both competition laws as such and their application in individual cases must comply with the current, substantive standards of the WTO Agreement, and complaints can be brought against both. Extending the application of the dispute settlement system to a new agreement to be negotiated in the area of competition would produce …

Overextending Immunity: Arbitral Institutional Liability In The United States, England, And France, Matthew Rasmussen

Fordham International Law Journal

This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity …

Using Applied Behavior To Complement Error Management In Crew Resource Management Education, William G. Rantz

Journal of Aviation/Aerospace Education & Research

This paper examines the science of applied behavior analysis and its potential integration into current research and practice of threat and error management for internal crew behaviors. Discussions provide insight into how an Antecedent-Behavior-Consequence (ABC) analysis of behavior can reveal to educators, the antecedents and consequences for at-risk crew behavior. This paper will redefine crew at-risk behaviors as anti-error behaviors that prevent internal error occurrence. This new perspective will complement and enhance the total threat-error process model. Finally the challenges and implications of using crew reinforcement to maintain anti-error behavior using modified line-oriented flight training (LOFT) will be discussed.

Linking Performance Requirements With Process Improvement Actions For Business Process Re-Design, Cita Lorraine Wood

School of Engineering, Computing and Mathematics Theses

This thesis presents research that extends current knowledge in the area of business process re-design, with a specific focus on the 'Make Product' process within manufacturing organisations. Current business process re-design approaches offer only limited guidance on the specific changes that can be made to a process when re-designing it to achieve the desired performance improvements and often overlook any strategically derived performance requirements when re-designing the process. Case experience suggests that practitioners do not consider the performance requirements of their business processes when re-designing them and that the actions they take to achieve performance improvements are not selected with …

Intelligent Fault Tolerant Control Schemes For Autonomous Underwater Vehicles, Andrew Raymond Pearson

School of Engineering, Computing and Mathematics Theses

The area of autonomous underwater vehicles (AUVs) is an increasingly important area of research, with AUVs being capable of handling a far wider range of missions than either an inhabited underwater vehicle or a remotely operated vehicle (ROV). One of the major drawbacks of such vehicles is the inability of their control systems to handle faults occurring within the vehicle during a mission. This study aims to develop enhancements to an existing control system in order to increase its fault tolerance to both sensor and actuator faults. Faults occurring within the sensors for both the yaw and roll channels of …

Precision Control Of A Sensorless Brushless Direct Current Motor System, Matthew John Knight

School of Engineering, Computing and Mathematics Theses

Sensorless control strategies were first suggested well over a decade ago with the aim of reducing the size, weight and unit cost of electrically actuated servo systems. The resulting algorithms have been successfully applied to the induction and synchronous motor families in applications where control of armature speeds above approximately one hundred revolutions per minute is desired. However, sensorless position control remains problematic. This thesis provides an in depth investigation into sensorless motor control strategies for high precision motion control applications. Specifically, methods of achieving control of position and very low speed thresholds are investigated. The developed grey box identification …

Variables Related To The Successful Completion Of The First Course In Business Calculus At Three Jamaican Universities, Martin Nkhrama Richards

Dissertations

Problem. Many students at all levels of the education system in Jamaica perform poorly at mathematics. In particular, the results of both the Caribbean Examinations Council and Business Calculus 1 at the university level have reflected a declining trend in mathematics performance in recent years. Consequently, this study sought to investigate the variables related to the successful completion of the first course in business calculus at Jamaican universities. To this end, the study looked at perceptions of students and their professors regarding students' cognitive, affective, and professor effectiveness variables impacting success.

Method. The sample for this study consisted of 389 …

The Design, Implementation, And Assessment Of Initial Change And Growth In A Local Voluntary Organization And Its Members, Tracy Ann Weber

Dissertations

Problem. During the past 30 years, Americans have steadily reduced their participation in the traditional forms of community involvement, such as clubs, associations, and organizations, that bring people together to effectively pursue a shared objective. In this postmodern society, leaders of community and nonprofit organizations find they are asking themselves difficult questions about the most effective methods of fulfilling their mission and simultaneously meeting members' changing needs. Participatory volunteer-run organizations, such as a local branch or chapter of a national organization, face many challenges, making it hard to establish and maintain there organizations. They demand great energy of leaders, …

The Empirical Development Of A Curriculum On Identification Of The "Tongues" Of 1 Corinthians 14 Utilizing A Socio-Exegetical Approach To Interpretation, Angel Hernandez

Dissertations

Problem. The Corinthian tongues is a subject that has been extensively covered in the literature, especially in exegetical Bible commentaries, but no empirically developed curriculum for college-level instruction has been found. The purpose o f this study was to develop such a curriculum. The approach to the interpretation o f the tongues of 1 Corinthians 14 was interdisciplinary: both theological and sociological.

Method. The instructional product development method formulated by Baker and Schutz and revised by Naden was used in this study. The process consisted of ten steps including; assessment of the need for a new curriculum, identification and …

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert

Reviews

Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …

A History Of Revenue Forecasts, Mark Rider

Faculty Articles

Feenberg et al. (1989) apply a simple regression-based method to test the rationality of state revenue forecasts. Using the same regression-based methodology, we test the rationality of federal revenue forecasts for fiscal year 1802 through 2001. We find that Treasury forecasts of federal revenues satisfy the conditions of weak rationality.