Digital Commons Network^™

Nonprofit Fundraising And Consumer Protection: A Donor's Right To Privacy, Ely R. Levy, Norman I. Silber

Hofstra Law Faculty Scholarship

The article addresses an unexplored issue in the burgeoning scholarly debate concerning privacy rights, namely, the privacy concerns that arise when nonprofit institutions trade, sell, or otherwise exploit the personal information of charitable donors. Drawing from the experience of consumers in the sales context, the article considers whether donors who make gifts should be equated with consumers who make purchases, and therefore should fall within the reach of traditional statutory and consumer protections. After analyzing the consumer privacy legal landscape, we conclude that in the context of informational privacy, the interests of donors essentially mirror those of consumers. Any distinction …

The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda

University of Michigan Journal of Law Reform

In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum criminal or civil legislative fines as a presumptive due process limit on punitive damage awards. The Article reviews the manner in which courts have implemented the three-guidepost framework for constitutional review of punitive awards laid out by the Supreme Court in BMW of North America, Inc. v. Gore and in State Farm Mutual Automobile Insurance Co. v. Campbell. Finding that courts have struggled to articulate a coherent rationale and methodology for review of such awards, the authors propose a greater reliance on the third guidepost of …

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

University of Michigan Journal of Law Reform

Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …

Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu

UC Law SF Journal on Gender and Justice

At this very moment, child laborers are working in unsuitable and hazardous conditions in both developed and developing nations. The adults, who are the main medium for giving voice to the concerns of the child laborers at the international and national levels, have failed. However, there are some promising international instruments whose full and sincere implementation can aid nations to eliminate at least the worst forms of child labor. Concurrently improving and enforcing national laws will help as well. Moreover, the non-governmental organizations should be recognized for being instrumental in keeping the child labor issues as a priority of the …

The Mind In The Mind Of The Beholder: Elucidating Relational Influences On Early Social Understanding, Ross Thompson, H. Abigail Raikes

Department of Psychology: Faculty Publications

Relational experiences shape emergent social understanding and two influences deserve particular attention. First, parent-child conversation about shared experiences incorporates both implicit and explicit information about mental states that catalyzes the social construction of understanding, especially in juxtaposition with the child’s direct experience. Second, emotion infuses the contexts and cognitions about social experiences that provoke the child’s constructivist efforts.

Highway J Citizens Group V. Mineta, 349 F.3d 938 (7th Cir. 2003), Susan Curtis

Water Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2004-2006, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Extracting Oil From Turmoil: The Iraqi Oil Industry And Its Role As A Promising Future Player In The Global Energy Market, Ryan Frei

Richmond Journal of Global Law & Business

No abstract provided.

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article explores the new model of land use decision-making that is based upon bargaining with the landowner. The fact of a bargain raises the issue of whether such bargaining amounts to “contract zoning” based upon a bilateral contract between the municipality and the landowner, which is largely held to be illegal, or a related form of bargaining, not involving an exchange of promises in the context of a bilateral agreement--“conditional zoning.” Part II of this Article discusses the emergence of the development agreement, which involves a contract with a municipality and the developer under which the developer is assured …

Cwu Faculty Senate Minutes - Index 2003-2004, Janet Shields

Faculty Senate Minutes

No abstract provided.

Morning Report Is An Effective Teaching Activity: Residents And Faculty Perspectives, M. Tariq, Shahab Abid, Wasim Jafri

Section of Internal Medicine

No abstract provided.

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner

Hofstra Law Review

No abstract provided.

Making The Case One's Own, John T. Noonan Jr.

Hofstra Law Review

No abstract provided.

Judicial Correctness Meets Constitutional Correctness: Section 2c Of The Code Of Judicial Conduct, Andrew L. Kaufman

Hofstra Law Review

No abstract provided.

Defense-Oriented Judges, Abbe Smith

Hofstra Law Review

No abstract provided.

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Hofstra Law Review

Because I intend to be prescriptive (or, when it comes to the esteemed members of the bench who may be in the audience, “suggestive,” since it is they who wield the gavels while I -- as any lawyer appearing before members of the bench -- have only words), I must confess some biases before going further. First, I believe in “sunshine in litigation” and openness of both court records and discovery. I believe that courts are public forums, and that arguments about the privacy of disputes should generally be outweighed by the public's right to know. Some have strongly argued …

The Sec, The States And Attorney Conduct Rules: An Analysis Of Preemption Issues, Sara Levy

Hofstra Law Review

No abstract provided.

The Misguided Doctrine Of Stockholder Fiduciary Duties, Paula J. Dalley

Hofstra Law Review

No abstract provided.

Far From Routine: Exempting Existing Sources From New Source Review Under The Equipment Replacement Provision, Adrian P. Castro

Hofstra Law Review

No abstract provided.

Comparing Three Measures Of Depressive Symptoms Among American Indian Adolescents, Lisa E. Thrane, Les B. Whitbeck, Dan R. Hoyt, Mack Shelley

Department of Sociology: Faculty Publications

This study examined the measurement of depressive symptoms among American Indian adolescents as assessed by the Center for Epidemiologic Studies Depression Scale (CES-D), Youth Self Report (YSR), and the Tri-Ethnic Center’s for Prevention Research Depression Scale (TEDS). This analysis demonstrated that the TEDS had good internal consistency, demonstrated construct validity, and shared a commonality with the other two measures, but had limited predictive validity. The YSR had strong predictive validity but, like the CES-D, showed weakness in construct validity. Unexpectedly, the CES-D and YSR revealed enculturated youth were at risk of depressive symptoms. These findings do not generate unequivocal support …

Victimization And Posttraumatic Stress Disorder Among Homeless Adolescents, Angela J. Stewart, Mandy Steiman, Ana Mari Cauce, Bryan N. Cochran, Les B. Whitbeck, Dan R. Hoyt

Department of Sociology: Faculty Publications

Objective—To examine street victimization and posttraumatic stress symptoms among urban homeless adolescents and to test whether emotional numbing and avoidance represent distinct posttraumatic stress disorder (PTSD) symptom clusters.

Method—Structured, private interviews were conducted with homeless adolescents (N = 374) in the Seattle metropolitan area (95% response rate) from 1995 to 1998.

Results— Eighty-three percent of street youths were physically and/or sexually victimized after leaving home. Approximately 18% of these youths met research criteria for PTSD.Results from a confirmatory factor analysis suggest that disaggregating symptoms of avoidance from symptoms of emotional numbing provides a better fit of the data than the …

An Introduction To Harriet Martineau’S Lake District Writings, Michael R. Hill

Department of Sociology: Faculty Publications

This complation presents an engaging, insightful, and inspiring smorgasbord of essays (and one didactic tale) selected from Harriet Martineau's Lake District writings from the mid-1800s. As a source of inspiration, the English Lake District has been profitably mined by scores of writers, including Martineau. The selections included here are more or less available (usually less) in scholarly and rare book collections, but are not generally obtainable for a pleasant armchair read at home or, as Martineau would certainly encourage, to tote along in one's knapsack on a weekend ramble among the lakes and hills of Cumbria. The majority of the …

Feasibility Of Localized Management To Control White-Tailed Deer In Forest Regeneration Areas, Tyler A. Campbell, Benjamin R. Laseter, W. Mark Ford, Karl V. Miller

United States Department of Agriculture Wildlife Services: Staff Publications

The deleterious effects of white-tailed deer (Odocoileus virginianus) on forest regeneration are well documented in many forested systems, but potential solutions to these problems on remote landholdings are limited in number and scope. Localized management proposes that a persistent area (<2 km2) of low density can be created by removing all individuals within matriarchal social groups of white-tailed deer. Our objective was to assess the feasibility of using localized management as a tool within forest regeneration areas. We present a comparison of seasonal home-range and core-area size and site fidelity of 148 radiomonitored female white-tailed deer in a forested landscape of the central Appalachians of West Virginia. We also characterized seasonal movements and dispersal. Adult female winter home-range size exceeded those of summer and autumn. Female deer displayed high fidelity, with home-range and core-area overlap being less in autumn than in summer or winter. Dispersal occurred in 1 of 28 (3.6%) female fawns and no deer >1 year old dispersed. Female white-tailed deer on our study site meet the a priori assumptions of localized management. We assert that experimental manipulations based on localized management concepts are prudent.

Victims And Offenders: Accounts Of Paybacks, Invulnerability, And Financial Gain Among Homeless Youth, Kimberly A. Tyler, Katherine Johnson

Department of Sociology: Faculty Publications

Previous research has suggested that “victim” and “offender” are not mutually exclusive categories but rather represent a homogeneous pool in which offenders are victimized and victims also offend. Little is known, however, about the specifics of the victim and offender process. The current study formally addresses the following research questions: why are some individuals at higher risk for victimization compared to others; why do some young people offend while others do not; and finally, why are criminal victims likely to retaliate? Given that homeless young people generally have high rates of offending and are also exceedingly vulnerable to crime, they …

Conjugated Linoleic Acid Induces Human Adipocyte Delipidation: Autocrine/Paracrine Regulation Of Mek/Erk Signaling By Adipocytokines, J. Mark Brown, Maria Sandberg Boysen, Soonkyu Chung, Olowatoyin Fabiyi, Ron F. Morrison, Susanne Mandrup, Michael K. Mcintosh

Department of Nutrition and Health Sciences: Faculty Publications

Dietary conjugated linoleic acid (CLA) reduces body fat in animals and some humans. Here we show that trans-10, cis-12 CLA, but not cis-9, trans-11 CLA, when added to cultures of stromal vascular cells containing newly differentiated human adipocytes, caused a time-dependent decrease in triglyceride content, insulin-stimulated glucose and fatty acid uptake, incorporation into lipid, and oxidation compared with controls. In parallel, gene expression of peroxisome proliferator-activated receptor-γ and many of its downstream targets were diminished by trans-10, cis-12 CLA, whereas leptin gene expression was increased. Prior to changes in gene expression and metabolism, trans-10, cis-12 CLA caused a robust and …

Walking The Clinical Tightrope: Enhancing The Role Of Teacher, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The University of Maryland School of Law is celebrating thirty years of providing exceptional clinical education. Such occasions offer unique opportunities to reflect. In thirty years there has been a lot of growth and a lot of change. Some say that the change has detoured us from the ultimate goal of client service and access to justice. I say that the thirty years have changed us for the better. One thing that hasn't changed is that clinicians still have an abiding interest in dealing with social injustices and in playing a proactive role in ensuring a just society. Thirty years …

Health Of The People: The Highest Law?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Law and ethics in population health are undergoing a renaissance. Once fashionable during the Industrial and Progressive eras, the ideals of population health began to wither with the rise of liberalism in the late twentieth century. In their place came a sharpened focus on personal and economic freedom. Political attention shifted from population health to individual health and from public health to private medicine.

The field of public health law and ethics needs a theory and definition (what is public health law and ethics and what are its doctrinal boundaries?); a well-articulated vision (why should health be a salient public …

Continuation Of Research To Determine The Effectiveness Of Its On Borman Expressway, Robert Bertram Jacko, William H. Schneider, Ahmed S. Soliman, Barry K. Partridge

JTRP Technical Reports

This study is a continuation and the final phase of the SPR-2338 project that involves monitoring the ambient air quality levels adjacent to the Borman Expressway. The purpose of this phase was to classify the traffic conditions along the Borman Expressway in terms of ambient air quality levels. The duration of the phase was from April 1, 2002 to April 30, 2004. The study has shown that, in a close proximity to the Borman Expressway, air quality levels mirror the dynamic nature of traffic along the Borman, despite being surrounded by major industrial stationary sources. Therefore, a descriptive model was …

Evaluation, Analysis, And Enhancement Of Indot's Utility Accommodation Policy, Carlos A. Arboleda, Hyung Seok Jeong, Dulcy M. Abraham, Sanjiv B. Gokhale

JTRP Technical Reports

The Utility Accommodation Policy (UAP) is a collection of the regulations and practices to control the utility occupancy of all public highway rights-of-way under jurisdiction of the different States. UAPs not only help to regulate the installation of new utilities and the renovation of the currently installed by construction companies, subcontractors, and utilities companies, but also provide a framework to develop and preserve a safe roadside and to minimize possible interferences and impairment to the highway, its structures, appearance, safe operation, construction and maintenance. According to FHWA (2002) “Present FHWA regulations, policies, and practices dealing with utility relocation and accommodation …