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2002

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Articles 11731 - 11760 of 14406

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Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron Jan 2002

Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron

Articles, Book Chapters, & Popular Press

Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers …

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Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero Jan 2002

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Faculty Scholarship

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.

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Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross Jan 2002

Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross

Faculty Scholarship

The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …

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The Ballad Of Transborder Arbitration, Thomas E. Carbonneau Jan 2002

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

Faculty Scholarship

International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …

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Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross Jan 2002

Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross

Faculty Scholarship

This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.

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Suffolk University Beacon Yearbook, 2002, Suffolk University Jan 2002

Suffolk University Beacon Yearbook, 2002, Suffolk University

Undergraduate Yearbooks

No abstract provided.

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Concert Recording 2002-10-13, Emillia Cline Jan 2002

Concert Recording 2002-10-13, Emillia Cline

Concert Recordings & Programs

Ecossaise / J. N. Hummell -- A short story / H. Lichner -- Klavier suite in G minor BWV 822. Minuets / Johann Sebastian Bach -- Notebook for Anna Magdalena Bach. Minuet in G -- Notebook for Anna Magdalena Bach. Minuets / C. Petzold -- English suite no. 3. Musette / Johann Sebastian Bach -- Minuet ; Arietta / Wolfgang Amadeus Mozart -- Sonatina. Moderato ; Romanze (allegretto) / Ludwig van Beethoven -- Album for the young op. 68, no. 10. Happy farmer ; Melody -- Robert Schumann -- Cradle song / Carl Maria von Weber -- Grand waltz / …

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Concert Recording 2002-09-17, Stan Morris, Linda Beckman Jan 2002

Concert Recording 2002-09-17, Stan Morris, Linda Beckman

Concert Recordings & Programs

Miniature Viennese march / Fritz Kreisler -- Sarabande ; Gigue / Fisher Tull -- Six studies in English folk-song. Andante tranquillo ; Andante ; Allegro / Ralph Vaughan Williams -- Sonatine sportive. Lutte (Boxing) ; Mi-temps (Rest) ; Course (Race) / Alexandre Tcherepnin -- Romance celebre / Jean-Paul-Gilles Martini -- Sonata, op. 19. With vigor ; With tranquility ; With gaiety / Paul Creston

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The Bison: 2002, Howard University Jan 2002

The Bison: 2002, 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.

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Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding Jan 2002

Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding

Fordham Urban Law Journal

This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.

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Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr. Jan 2002

Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.

Fordham Urban Law Journal

This Article covers the critical issue of judicial independence. The ABA's Commission on Separation of Powers and Judicial Independence issued a report that expressed concern over threats to judicial independence in the states. It poses a number of solutions, including campaign finance reform, non-partisan elections, and merit-based selection.

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Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White Jan 2002

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.

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Access To Justice In Idaho, Frances H. Thompson Jan 2002

Access To Justice In Idaho, Frances H. Thompson

Fordham Urban Law Journal

This Article addresses the efforts made by the Idaho Court Assistance Office Project to increase access to the Idaho court system. The Article discusses the Projects goals of addressing concerns over plain English forms and brochures, pro bono legal and paralegal services, and equipment and technology needs. It describes the four primary model used by the Project in assisting pro-se litigants.

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A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell Jan 2002

A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell

Fordham Urban Law Journal

This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.

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September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs Jan 2002

September 11, 2001: The Constitution During Crisis: A New Perspective, Lori Sachs

Fordham Urban Law Journal

This Comment examines how the United States should react to the threat of domestic terrorism while maintaining citizens' civil liberties in the wake of the events on September 11, 2001. The Comment first compares and contrasts three classic theories of democracy: constitutional democracy, representative democracy and deliberative democracy. It next describes how representative and constitutional democracy were applied during the Japanese internment during World War II. Part III compares the Japanese internment to the challenges after the September 11 attacks and analyzes the roles different branches should have in protecting civil liberties. Finally, the Comment recommends applying a theory of …

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Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran Jan 2002

Judiciary Ombudsman: Solving Problems In The Courts, Michele Bertran

Fordham Urban Law Journal

No abstract provided.

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The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin Jan 2002

The Judicial Perspective, Jo Ann Ferdinand, William Schma, James Yates, Peggy Hora, John Martin

Fordham Urban Law Journal

No abstract provided.

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Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman Jan 2002

Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman

Fordham Urban Law Journal

No abstract provided.

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Lifting Voices: Towards Equal Education For Pregnant And Parenting Students In New York City, Tamara Ling Jan 2002

Lifting Voices: Towards Equal Education For Pregnant And Parenting Students In New York City, Tamara Ling

Fordham Urban Law Journal

No abstract provided.

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Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra Jan 2002

Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra

Fordham Urban Law Journal

This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.

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The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino Jan 2002

The Physician's Conscience, Conscience Clauses, And Religious Belief: A Catholic Perspective, Edmund D. Pellegrino

Fordham Urban Law Journal

This Essay explores how physicians may handle conflicts of conscience facing Roman Catholic health practitioners regarding "human life" issues, especially through conscience clauses. In five parts, the author examines "first, why conscientious objection is so important in our day; second, the moral grounding for freedom in the exercise of conscience; third, the components of the physician's conscience; fourth, specific conflicts of conscience for Catholic physicians and institutions; and fifth, competing models of conflict resolution."

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Exploring Methods To Improve Management And Fairness In Pro Se Cases: A Study Of The Pro Se Docket In The Southern District Of New York, Jonathan D. Rosenbloom Jan 2002

Exploring Methods To Improve Management And Fairness In Pro Se Cases: A Study Of The Pro Se Docket In The Southern District Of New York, Jonathan D. Rosenbloom

Fordham Urban Law Journal

This Article describes a study done in the Southern District of New York on pro se cases. Part I details the lack of current data and the methods used in the study. Part II provides the results of the study amd attempts to identify the areas of pro se litigation in which litigants are faced with the most problems and where improvement is needed. It also discusses the effects of the Prison Litigation Reform Act. Part III suggests a plan that will help courts run more smoothly in assisting pro se litigants.

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Examining The Psychometric Properties Of The Toronto Alexithymia Scale -20 With A Sample Of Domestic Violence Offenders, Bernard James Kniery Jan 2002

Examining The Psychometric Properties Of The Toronto Alexithymia Scale -20 With A Sample Of Domestic Violence Offenders, Bernard James Kniery

All-Inclusive List of Electronic Theses and Dissertations

This study explores the psychometric qualities of the twenty-item Toronto Alexithymia Scale (TAS-20) with a sample of 262 men who have battered their female partners and have attended a court recommended domestic violence program. Specifically, this study explores the three-factor structure, proposed by the authors of the TAS-20 (Bagby et al., 1993; Bagby, et al., 1994a), with a sample of domestic violence offenders. The study seeks to determine if the subscales of the TAS-20 demonstrate internal consistency and if the variables of age,Education, and income correlate with alexithymia scores. The study also explores the relationship between alcohol and drug use …

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The Mermaid's Legs, The Artist's Hands, The Professor's Assumptions, Judith Beth Cohen Jan 2002

The Mermaid's Legs, The Artist's Hands, The Professor's Assumptions, Judith Beth Cohen

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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Private Ordering And Workers Rights In The Global Economy: Corporate Codes Of Conduct As A Regime Of Labour Market Regulation, Harry W. Arthurs Jan 2002

Private Ordering And Workers Rights In The Global Economy: Corporate Codes Of Conduct As A Regime Of Labour Market Regulation, Harry W. Arthurs

Articles & Book Chapters

New technologies, new patterns of consumption and production, new levels of intensity, magnitude, and volatility in the movement of people, information, and capital are transforming the global political economy. Many effects of this transformation become manifest in the domain of public policy, where parties across the political spectrum have embraced the nee-liberal agenda. That agenda has been characterized, perhaps hyperbolically, as the 'hollowing out of the state': fac ilitation of transnational business activity; reduction of corporate and personal taxes and cuts in public expenditures, especially on social welfare; deregulation of domestic markets. These developments in turn are weakening, perhaps fatally, …

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Woe Unto You, Judges: Or How Reading Frankfurter And Greene, Ruined Me As A Labour Lawyer And Made Me As An Academic, Harry W. Arthurs Jan 2002

Woe Unto You, Judges: Or How Reading Frankfurter And Greene, Ruined Me As A Labour Lawyer And Made Me As An Academic, Harry W. Arthurs

Articles & Book Chapters

This article is a contribution to the occasional series dealing with a major book that influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, and Geoffrey Bindman.

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Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil Jan 2002

Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil

Articles & Book Chapters

Aboriginal title to land, as defined by the courts, has a number of sui generis aspects. Prominent among these is its inalienability, other than by surrender to the Crown. Two explanations are usually given for this: the need to protect Aboriginal peoples from exploitation by unscrupulous European settlers, and the incapacity of the settlers to obtain title to land otherwise than by Crown grant. While acknowledging that the need for protection of Aboriginal lands was important historically, this article argues that it is paternalistic to rely on this explanation for inalienability today. The incapacity of settlers is a more satisfactory …

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"Extinguishment Of Aboriginal Title In Canada: Treaties, Legislation, And Judicial Discretion", Kent Mcneil Jan 2002

"Extinguishment Of Aboriginal Title In Canada: Treaties, Legislation, And Judicial Discretion", Kent Mcneil

Articles & Book Chapters

Canadian courts have held that Aboriginal title is extinguishable consensually by means of a treaty with the Aboriginal nation concerned. Legislative extinguishment was also possible prior to recognition of Aboriginal title in the Constitution of Canada in 1982. These methods of extinguishment are discussed in Parts 1 and 2 of this article. It is suggested that extinguishment by treaty could occur only if that were permissible by the law of the Aboriginal nation. Extinguishment by legislation would have depended on the legislative body having the constitutional authority to extinguish the title. In addition, the legislative intention to extinguish would have …

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Designing Programming Courses For Et Students, Anthony Trippe Jan 2002

Designing Programming Courses For Et Students, Anthony Trippe

Articles

Rochester Institute of Technology offers a three-course technical programming sequence for Engineering Technology students. All three courses are required for Computer Engineering Technology students. The first two courses are required for Telecommunications ET students. Electrical and Civil ET students are required to take only the first course of the sequence. This paper reviews and discusses the events and experiences associated with the development and initial conduct of this sequence of C++ programming courses. It details how the courses were designed to assist ET students to better succeed in higher level courses taken later in their program sequence. Foundation elements of …

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Global It/Is Outsourcing: Expectations, Considerations And Implications, Qiyang Chen, Qiang Tu, Binshan Lin Jan 2002

Global It/Is Outsourcing: Expectations, Considerations And Implications, Qiyang Chen, Qiang Tu, Binshan Lin

Articles

This paper discusses the issues of global IT/IS outsourcing from four interrelated aspects: forming an appropriate global IT strategy, using proper global IT platforms, managing international data sharing, and surviving the cultural environment. It aims at providing a comprehensive framework for both the global outsourcing providers and clients to fully understand and evaluate the expectations, considerations and implications of global IT/IS outsourcing, so that they can form a successful long-term strategic alliance.

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