Digital Commons Network^™

Enron's Legislative Aftermath: Some Reflections On The Deterrence Aspects Of The Sarbanes-Oxley Act Of 2002, Michael A. Perino

Faculty Publications

Since Enron's implosion, an astounding string of accounting scandals have stunned the securities markets. Global Crossing, WorldCom, Adelphia, and a host of other companies have seen plummeting share prices and SEC and criminal investigations. Congress's reaction has been equally stunning and surprisingly swift. It passed with near unanimity the Sarbanes-Oxley Act of 2002 (the "SOA" or the "Act"), and President Bush quickly signed it into law. The President billed the Act as one of the "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." While the SOA is certainly lengthy, with eleven titles and …

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …

Past Violence, Future Danger?: Rethinking Diminished Capacity Departures Under Federal Sentencing Guidelines Section 5k2.13, Eva E. Subotnik

Faculty Publications

Under section 5K2.13 of the Federal Sentencing Guidelines, a judge is permitted to reduce a defendant's sentence on the grounds of diminished capacity. Most courts construing this provision have ruled that defendants whose offenses involved violence or the threat of violence are ineligible for a reduction in sentence. This Note argues that such an interpretation, which makes past violence a proxy for predicting future dangerousness, is problematic. Medically or psychologically treated, defendants may no longer pose a danger to society. This Note urges that, in accordance with section 5K2.13's language and history, courts should focus more broadly on whether the …

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Faculty Publications

Once, they say, freedom of contract reigned in American law. Parties could make agreements on a wide variety of subjects and choose the terms they wished. Courts would refrain from questioning the substance of bargains and would ensure only that parties had observed the proper formalities. In interpretation, objectivity was paramount. Courts would seek to ascertain, not what the parties had intended, but what a reasonable observer would understand the parties' words to mean. Contract law was a series of abstractions informed by individual autonomy and judicial deference.

This world, a classical paradise of doctrines with sharp corners, began to …

Assessing Faculty Salary Compression: An Application Of Two Methods, John W. Fraas

Mid-Western Educational Researcher

This study presents the use of two methods to determine whether compression existed in the salaries of the faculty employed during the 1999-2000 academic year at Ashland University, a private university in the mid-west. One of the methods assessed salary compression by determining whether the variable representing the faculty members’ numbers of years of experience served as a negative suppressor variable in a regression model. The other method examined salary compression by statistically testing the mean difference between the predicted and actual salaries of junior faculty, where the predicted salaries were obtained from a regression model that assumed they were …

Seeing Standards: Schools’ Built Environments And The Standards Movement, Kristien Marquez-Zenkov

Mid-Western Educational Researcher

This article describes the broad consideration of educational standards that occurred in a pre-service language arts methods course in a public, urban university context. This deliberation over standards was rooted in an urgent community concern about the school facilities in the university’s home city. It utilized photography and a focus on standards evidenced in the “built environment” of city schools to allow a cohort of teacher candidates to consider the nature and specifics of the current emphasis on standards that is increasingly a part of every educational context. These methods allowed these teacher candidates to “see” the ways that a …

Invitation For Proposals For 2002 Annual Meeting, Mary K. Bendixen-Noe, Kim Metcalf

Mid-Western Educational Researcher

Invitation for Proposals

Small Classes In American Schools: Research, Practice, And Politics, Jeremy D. Finn

Mid-Western Educational Researcher

Today I’d like to talk about an unusual combination of events—a case in which school practice has informed research which has informed practice. In particular, I’ll talk about:

1. The current status of class-size reduction programs in the U. S.; that will be short because it is changing even as we speak.
2. The research base that provided the motivation for districtwide and statewide class-size initiatives.
3. Some misapplication of the research.
4. Questions about reduced classes that remain unanswered, and current work to explain why small classes are effective.

Writing For Publication: Overcoming The Barriers That Block Us, Deborah Bainer Jenkins

Mid-Western Educational Researcher

No abstract

Front Matter, Mary K. Bendixen-Noe, Kim Metcalf

Mid-Western Educational Researcher

Front Matter

Examining The Cost-Outcome Relationship Of A Fortified Class-Size Reduction Program, Derick M. Kiger

Mid-Western Educational Researcher

Class-size reduction initiatives have been criticized for producing modest achievement gains for the resources they consume. Wisconsin’s Student Achievement Guarantee in Education (SAGE) was designed to amplify the achievement benefits of smaller classes by requiring complementary changes in the teaching and learning environment and accountability for results. This study examined SAGE in an urban school district. The achievement benefits realized by the evaluand were marginalized by high per-student costs and similar performance of comparison groups on a state-mandated reading test. Suggestions for improving the cost-outcome relationship were presented.

Invitation For Proposals For 2002 Annual Meeting, Mary K. Bendixen-Noe, Kim Metcalf

Mid-Western Educational Researcher

Invitation for Proposals

Cover And Contents

Turkish Journal of Biology

No abstract provided.

Rulemaking, Michael Herz

Articles

No abstract provided.

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

Articles

The article advocates for the establishment of "innocence commissions" to investigate and address wrongful convictions in the U.S. criminal justice system. Drawing parallels to the National Transportation Safety Board (NTSB), which investigates transportation accidents, the authors propose that these commissions would identify systemic defects leading to wrongful convictions and recommend reforms to prevent future miscarriages of justice. They emphasize the need for independence, subpoena power, and public accountability to ensure the commissions' effectiveness.

Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder

Articles

Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …

Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker, R. Eric Kennedy, Kathleen Mcdonald O'Malley The Honorable, Sidney A. Backstrom

Journal of Law and Health

This is a transcript of a two hour symposium which deals with the Sulzer knee and hip replacement class action. A copy of the settlement is included as an appendix. The settlement in the U.S. District Court for the N.D. Ohio was unique and creative approach to resolving a mass tort class action. In a novel move, Sulzer agreed to open its books to an independent review firm to determine how much the firm could pay without going bankrupt. The number was $1 billion. As negotiated by the parties and approved by the court, the final settlement provides compensation for …

The Serpent In The Garden Of Eden: A Look At The Impact Of Physician Financial Incentive Programs And A Reconsideration Of Herdrich V. Pegram , Amy L. Cralam

Journal of Law and Health

The impact of physician incentive programs is at the heart of the recent Supreme Court case Herdrich v. Pegram. In Herdrich, the patient, Cynthia Herdrich, challenged the use of a common incentive structure that allowed physicians to profit from decreased utilization of expensive medical procedures.' Ms. Herdrich alleged that the use of these incentive programs created a conflict of interest for her treating physician and that conflict of interest caused a misdiagnosis of her appendicitis." The Seventh Circuit Court of Appeals agreed with Ms. Herdrich but was later overruled by the Supreme Court. This article suggests that Herdrich v. Pegram …

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Journal of Law and Health

This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …

Property Interests In Cadaverous Organs: Changes To Ohio Anatomical Gift Law And The Erosion Of Family Rights, Melissa A. W. Stickney

Journal of Law and Health

This note examines how Ohio anatomical gift laws have been interpreted to grant a property right to the next of kin in the decedent’s cadaverous organs. Part II of this note briefly examines the origins of anatomical gift law in the United States and in Ohio. Part III examines the codification of Ohio common law and the adoption of the 1969 Uniform Anatomical Gift Act as the foundation of Ohio’s anatomical gift laws. Part IV analyzes post 1969 Ohio cases that directly or indirectly help interpret Ohio’s anatomical gift laws, with a particular focus on the legal reasoning in Brotherton …

Resolving Disputes Over Excess Frozen Embryos Through The Confines Of Property And Contract Law, Shelly R. Petralia

Journal of Law and Health

This Article addresses the conflicts that arise due to the increased number of cryogenically frozen embryos produced during in vitro fertilization (IVF). Part I discusses the IVF process, in general. While it recognizes the man's role in the process, it focuses primarily on the physical and emotional hardships that are placed on the woman. Part I also gives the backdrop of the case law in the area of embryo distribution. Part II introduces the idea that an embryo should be reduced to private property, through utilization of the labor and economic theories of property law. Additionally, an embryo's use, rather …

Education In Indonesia's Regional Economic Development Before Fiscal Decentralization, Anna Maria Siti Kawuryan

Jurnal Ekonomi dan Pembangunan Indonesia

Indonesia is a diverse country with uneven resource endowment across its provinces. This study examines the effects of human capital investment policies on the promotion of more equitable income growth across provinces. First, the rate of return to education is estimated for each province using the 1976 and 1989 Indonesian National Labor Force Surveys (SAKERNAS). Then, regional economic indicators are used to explain differences in the rates of return to education among provinces and to develop and test hypotheses regarding the contribution of investment in education to personal income growth in different regions in Indonesia.

The study finds large differences …

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Guest Information Folder, Lakeside Inn, Mount Dora, 2002, Lakeside Inn

Florida Restaurant Menu Collection

A 2002 guest information packet including a Beauclaire Dining Room dinner menu and room service menu for Lakeside Inn in Mount Dora, Florida.

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

Victimizing The Victim: Evicting Domestic Violence Victims From Public Housing Based On The Zero-Tolerance Policy, Tara M. Vrettos

Cardozo Journal of Equal Rights & Social Justice

The note argues that zero-tolerance eviction policies in public housing, authorized under federal law, unjustly penalize domestic violence victims by evicting them for crimes committed by others, including their abusers. These policies, upheld by the Supreme Court in Rucker, disproportionately harm low-income women, pushing them into homelessness and perpetuating cycles of abuse. The note advocates for a nuanced, case-specific approach to balance public safety and tenant rights, drawing parallels to child custody cases where victims are similarly blamed. It calls for federal reform to protect domestic violence survivors and end their victimization by the legal system.

Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman

Cardozo Journal of Conflict Resolution

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of …

Broke Or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Applying The Constructivist Framework To Elementary School Social Studies: Benefits For Young Learners And Preservice Teachers, Nancy P. Gallavan

Northwest Journal of Teacher Education

The constructivist framework provides elementary school teachers with pedagogical guidance and professional support particularly effective for teaching and learning social studies benefiting both their young learners and their preservice teachers. Research conducted with approximately 100 elementary school teachers produced three key conditions for applying the constructivist framework competently to social studies education. Findings from this research revealed that elementary school teachers believe that foremost they must he cognizant of and proficient in their: (1) knowledge, skills, and attitudes of social studies content and purposes, (2) understanding for developing social studies curriculum and methods for communicating the social studies effectively both …