Digital Commons Network^™

Article 82: The Last Frontier – Fighting Fire With Fire?, James S. Venit

Fordham International Law Journal

Since the entry into force of the European Union (“EU”) merger regulation in September 1990, there has been progress toward the acceptance of the need for rigorous economic analysis as the basis for the application of Community competition law. Although the path toward sound economic analysis has been uneven and recognition of the principle has sometimes exceeded its correct application, the increased willingness to acknowledge economic analysis as the basis for rational enforcement action should not be underestimated. The most noticeable and obvious success has been in the field of merger control. But even a statute as venerable as Article …

The Impact Of Consumer Protection On Banking Legislation In The European Community And The Effect Of The Recent Consumer Protection Proposals, Thomas F. Taylor

Fordham International Law Journal

In this article, I will examine the means by which European Community institutions have used consumer protection, and their impact. I will also examine the new proposals concerning consumer protection, and their impact. Finally, I will look at what the likely outcome of these proposals may be, if implemented.

End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton

Fordham International Law Journal

The objective of this Essay is to add new information and analytical insights to the debate, namely, research about how refugee and compensation solutions have been implemented in other situations. Practical implementation options are examined from a variety of comparative experiences. Examining these options could help soften the political absolutism that characterizes the current impasse on the refugee issue. But there is value in any event in understanding the international system context, and mapping realistic scenarios for such matters as an institutional framework to implement a settlement, the criteria and procedures for relocating refugees, and techniques and methods to award …

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen

Fordham International Law Journal

Events since Arthur Helton's death - including the change in leadership of the Palestinian Authority and the Israeli proposal for disengagement from Gaza make it even timelier to examine some "practical solutions." For improving Palestinian lives in the short term, much can be learned from the approaches taken in other refugee situations. This Article begins with background information on Palestinian refugees in Gaza. It then discusses Israeli plans for disengagement from Gaza. In the following section, the Article reviews options for addressing the problems faced by Palestinian refugees in Gaza, utilizing the broader literature devoted to the integration of refugees …

Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm

Fordham International Law Journal

The central theme of this Essay is that both individuals in need of protection and governments obliged to grant protection to those in need generally hold the eventual return of citizens to their countries of origin to be the ideal scenario. However, this ideal cannot always come to fruition -- not only due to circumstances in the country of origin, but also as an unintended consequence of policy decisions taken by governments concerning the protection of refugees (or indeed internally displaced persons ("IDPs")) and the reactions of individuals to the outcomes of those policy decisions. Return, it will be suggested, …

Refreshing The Heart Of The City: Vacant Building Receivership As A Tool For Neighborhood Revitalization And Community Empowerment, James J. Kelly Jr.

Journal Articles

Vacant Building Receivership is a building code enforcement tool that dispossesses and forecloses on owners of vacant buildings who are unwilling or unable to bring their derelict properties into basic conformity with basic building codes. This article examines vacant building receivership as a tool for ensuring the renovation of vacant buildings and as a means by which communities can develop increased confidence in and control of residential development in their neighborhoods. After discussing the need for a vacant house strategy tailored to support mid-level urban neighborhoods, the article, in its second section, will analyze how Baltimore's vacant building receivership remedy …

Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite

Publications and Research

Prostitution, hustling, and sex work are forms of labor, not erotic preferences or identities as are gay, lesbian, bisexual, and transgender, but sex workers and queers alike are stigmatized and criminalized for consensual sexual activity. The state – federal, state, and local law enforcement – routinely interferes with certain types of sexual activity. Enforcement of laws regulating sex behavior often varies given the discretion of local police. In her 1989 essay “Thinking Sex,” Gayle Rubin positions sex-for-money, prostitution, with pornography, promiscuous sex, pornography, and homosexual sex in the low status “outer limits” of the contemporary American sex hierarchy; while heterosexual, …

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Mike Jenuwine

Journal Articles

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

Analysis Of Human Thermal Comfort Using A Coupled Model For Predicting Human Body-Environment Heat And Mass Exchange, Ahmed M. Al-Mogbel

Mechanical & Aerospace Engineering Theses & Dissertations

Recent advances in computational fluid dynamics (CFD) make it possible to accurately predict many features of airflow within ventilated spaces. The present study investigates thermal comfort aspects of an occupant in a conditioned space, using a CFD code.

The heat and mass transfer between the human body and the surrounding environment is analyzed by a coupled model that accounts for dispersal of metabolically generated heat in the body to the surroundings by the combined mechanisms of radiation, convection, respiration and evaporation. A two-node model in which two coupled non-linear algebraic equations govern the skin temperature and the body core temperature …

The Politics Of Space And Scale In The Brazilian Favela: A Case Study Of Sao Pedro., Eric K. Spears

Graduate Theses, Dissertations, and Problem Reports (ETD)

The politics of local economic development in the Brazilian favela (urban slums) are contentious. This dissertation examines the politics of economic development in the urban slum of Sao Pedro, which is located in the city of Vitoria, Brazil. Space and scale are central to understanding the politics of economic development in this favela, and this research will make use of both concepts to shed light on this local struggle. The dissertation will examine the struggle over local economic development in Sao Pedro through an analysis of the residents' spatial practices. This dissertation will examine the role that scale plays in …

The Quantitative Accomplishments Of Selected Aspects Of The Educational Process 1960-1990 With An Examination Of The Reading Curricula Concepts In Saudi Arabia., Mohammad Alrobaee

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to outline some detailed history about some parts of the education process in Saudi Arabia especially about the general, higher, female education with a separate part about the curriculum of reading of education and to learn and spread information about the education development that my country is experiencing. The start of this development and its evolution was very difficult, but it passed through stages up to the current stage. We will see these constant changes proven by figures, statistics, and photographs. The detailing of the specifics related to this inventory is an endeavor to …

A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem

Articles

This Article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services (“CBT”), a law clinic at Benjamin N. Cardozo School of Law. The program is predicated on the belief that law and social work collaboration will benefit clients as well as students. The Article is primarily descriptive—telling what we did, why we did it, why we were disappointed with it, and how we changed the program. The Article also attempts to continue a constructive critique, on the assumption that even if something is not broken, it can be …

Women's Pacs: Their Motivations, Strategies, And Impacts., Heather Frederick

Graduate Theses, Dissertations, and Problem Reports (ETD)

The literature on political action committees focuses on the different roles and strategies of PACs depending upon their motivation. I argue that the motivations of traditional PACs are founded in an assumption of substantive representation theory. This dissertation deals with the theoretical motivations of women's PACs—that of descriptive representation. Because women's PACs have a different underlying theoretical motivation than traditional political action committees, I hypothesize that the existing PAC literature on the strategies and organizational structures of PACs is both insufficient to explain the behavior of women's PACs, as well as exclusionary. This research seeks to identify the strategies and …

Estimating The Economic Value Of Canaan Valley National Wildlife Refuge: A Contingent Valuation Approach., Christopher A. Klocek

Graduate Theses, Dissertations, and Problem Reports (ETD)

Canaan Valley National Wildlife Refuge protects a unique ecosystem in the Mid-Atlantic region. Because public goods such as ecosystem preservation are not sold in markets the value of this type of good is not always obvious. Policy makers need guidance on how society should allocate resources to preserve wildlife habitat and wilderness recreation opportunities. The goals of this study were to measure the economic benefits associated with providing a wildlife refuge in Tucker County, West Virginia; determine how value for the refuge is affected by distance of the respondents from the refuge; and determine the types of activities and amenities …

Predicting Dynamics Of Aggregate Loafing Behavior In Glaucous-Winged Gulls (Larus Glaucescens) At A Washington Colony, Shandelle M. Henson, James L. Hayward, Christina M. Burden, Clara J. Logan, Joseph G. Galusha

Faculty Publications

Seabirds move throughout the day in changing, patchy environments as they engage in various behaviors. We studied the diurnal abundance dynamics of Glaucous-winged Gulls (Larus glaucescens) in a habitat patch dedicated to loafing in the Strait of Juan de Fuca, Washington. We constructed three differential equation models as alternative hypotheses and then used model selection techniques to choose the one that most accurately described the system. We validated the model on an independent data set, made a priori model predictions, and conducted a field test of the predictions. Clear dynamic patterns emerged in the abundance of loafing gulls, even though …

Peri-Operative Management Of A Patient With Uncontrolled Polycythemia Vera For Above Knee Amputation, A Ahmed, K A. Shah

Department of Anaesthesia

No abstract provided.

Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Utilizing Gendered Education In Middle School Language Arts Classes, Elizabeth Tharp Jones

Abraham S. Fischler College of Education ETD Archive

When the Indiana state-mandated test scores were released in January 2002, Switzerland County Middle School students ranked in the bottom one third of the state in language arts. The administrators and teachers looked closely at the results of the state-mandated test. The rate of retention by gender was also tracked over a 3-year period. As the standardized test scores and retention data were reviewed, it was apparent that middle school boys were less successful in language arts and reading than girls in the same class. In order to address the problem in a manageable situation, the sixth-grade data were selected. …

Residential Design Review: A Comparative Analysis Of Three Bay Area Cities, Sarah H. Kirchgessner

Master's Projects

In the past 40 years, city officials have started to look at new ways to regulate private development in order to create a sense of community, as well as to maintain and enhance the historic qualities and desirability of their cities for residents. Many cities adopted zoning ordinances in the early 1900s because officials believed that the segregation of uses would improve the quality of life.' However, regulating uses did little to ensure that the aesthetics of new development would be satisfactory to residents and city officials. Zoning ordinances alone have not been able to compel developers, architects, and residents …

Design And Operating Strategies For Bioreactors Treating Dynamically Varying Concentrations Of Gas-Phase Volatile Organic Compounds (Vocs), Congna Li

LSU Doctoral Dissertations

The dynamically varying concentrations of volatile organic compounds (VOCs) in most waste gas streams present a challenge in design and operation of biofilters treating such off-gases. Studies described in this dissertation were directed toward development and experimental testing of two design modifications/operating strategies that have the potential to improve biofilter performance during unsteady-state loadings. In the first design modification studied, activated carbon was incorporated into biofilter packing media and a novel periodic operating strategy, Sequencing Batch Biofilter (SBB) operation, was tested under “normal” and various “shock” loading conditions treating methyl ethyl ketone contaminated air. Results demonstrate how the operational flexibility …

Mirror, Mirror On The Wall: Voice Accountability And Ngos In Human Rights Standard Setting, Janet E. Lord

Articles

No abstract provided.

The Paradigm Of The Relationship Among Occlusion, Orthodontics And Temporomandibular Disorders, Jose A. Bosio

School of Dentistry Faculty Research and Publications

The relationship between occlusion, Orthodontics and temporomandibular disorders have been subject of discussions and controversies. In the past, the scientific literature stated that the temporomandibular disorders occurred due to the malocclusion, and, for its correction, an orthodontic treatment should be performed. Apparently, those theories have become obsoletes, and according to more consistent scientific articles, the relationship among these entities have been questioned. This literature review shows a possible change in the paradigm of the relationship among the three entities.

Morphology Of Root Canal Cross-Sections Of Resected Roots Of First And Second Lower Molars, Mariusz Duda, Agata Skoczek, Bartlomiej Kowal, Agnieszka Domagala

School of Dentistry Faculty Research and Publications

Precise preparation of the root canal ostium with a view to hermetical closing with retrograde root filling is an important prognostic factor determining the success of the procedure of tooth resection. Root canals interconnected with a narrow isthmus may cause problems both in endodontic treatment and in retrograde filling. The aim of this work is the research of the transverse cross-section of root canals of first and second lower molars on the resection model. The research encompasses 100 randomly selected molar teeth: 50 first and 50 second lower molars. The tooth root apexes were cut 3 mm below the apex …

The Need For New Anti‐Smoking Advertising Strategies That Do Not Provoke Smoker Defiance, Joyce M. Wolburg

College of Communication Faculty Research and Publications

The misguided effort to change the smoking behavior of college students using the same anti‐smoking messages created for young teens apparently stems from the misplaced marketing belief that ads designed to prevent young teens from smoking can also effectively encourage college‐student smokers to quit. When college students were asked to respond to current anti‐smoking messages, non‐smokers championed the anti‐smoking cause while smokers responded with defiance, denial, and other counter‐productive behaviors. These studies show that persuading legal‐age young adults to quit would require new message strategies which show greater respect for the individual, greater support for the effort in quitting, and …

New Orleans Police Department Recruitment And Retention Survey, Susan Howell

Survey Research Center Publications

No abstract provided.

Fascism, Peter Staudenmaier

History Faculty Research and Publications

No abstract provided.

Fmri Of Healthy Older Adults During Stroop Interference, Scott Aaron Langenecker, Kristy A. Nielson, Stephen M. Rao

Psychology Faculty Research and Publications

The Stroop interference effect, caused by difficulty inhibiting overlearned word reading, is often more pronounced in older adults. This has been proposed to be due to declines in inhibitory control and frontal lobe functions with aging. Initial neuroimaging studies of inhibitory control show that older adults have enhanced activation in multiple frontal areas, particularly in inferior frontal gyrus, indicative of recruitment to aid with performance of the task. The current study compared 13 younger and 13 older adults, all healthy and well educated, who completed a Stroop test during functional magnetic resonance imaging. Younger adults were more accurate across conditions, …

Muscle Fatigue And The Mechanisms For Task Failure, Sandra K. Hunter, Jacques Duchateau, Roger M. Enoka

Exercise Science Faculty Research and Publications

An alternative approach in the study of muscle fatigue is to address the question, “What causes task failure during a fatiguing contraction?” This approach is described by considering how variation in the type of load supported and contraction intensity influence both the time to task failure and the centrally mediated adjustments in reflex activity and motor unit behavior

Fatigability Of The Elbow Flexor Muscles For A Sustained Submaximal Contraction Is Similar In Men And Women Matched For Strength, Sandra K. Hunter, Ashley Critchlow, In-Sik Shin, Roger M. Enoka

Exercise Science Faculty Research and Publications

The purpose of this study was to compare the time to task failure for a submaximal fatiguing contraction sustained with the elbow flexor muscles by men and women who were matched for strength (n = 20, 18-35 yr). The maximal torque exerted at the wrist was similar for the men and women [64.5 ± 8.7 (SD) vs. 64.5 ± 8.3 N·m; P > 0.05], which meant that the average torque exerted during the fatiguing contraction [20% of maximum voluntary contraction (MVC)] was similar for the two sexes. The time to task failure was similar for these strength-matched men and women …