Digital Commons Network^™

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Scholarly Works

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

Personalization For English Learners At A Small Conversion High School, Mary Jewell Edd

Dissertations

One of the most notable ways in which large, comprehensive high schools are working to meet the needs of the increasing numbers of English Language Learners (ELLs), and other students who may be struggling with academics, is by subdividing into smaller schools. One of the most appealing features of small schools is their emphasis on personalized instruction for students. While it takes many forms, personalizing education means knowing all students well and designing curriculum that meets their individual needs. Personalized learning environments hold enormous potential for improving the educational experiences, and even very lives, of English learners. The purpose of …

Review [Of Reading The Brontë Body: Disease, Desire, And The Constraints Of Culture By Beth Torgerson], Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

The Benefits Of A For-Credit Course For New Writing Center Staff, Richard Benjamin Crosby

Faculty Publications

Some questions about writing center theory and praxis never seem to change: how do we prepare for our clientele? How do we engage them? What questions should we ask? When should we direct them? And when should we encourage them to direct us? The list goes on. Fortunately, we consider it a virtue that we continue interrogating the same issues. As students of rhetoric, we realize that the answers to these questions often depend on the contexts in which they are asked. Thus, we give ourselves over to principles of adaptability. Instead of establishing rigid, universal rules that do not …

Cognitive, Emotional, And Quality Of Life Outcomes In Patients With Pulmonary Arterial Hypertension, Joanne White, Ramona O. Hopkins, Eric G. Glissmeyer, Natalie Kitterman, C. Gregory Elliott

Faculty Publications

Background: The effects of pulmonary arterial hypertension on cardiovascular and physical function are well documented. Limited information exists regarding the effects of pulmonary arterial hypertension on cognitive function despite patient reports of problems with memory and attention. Our primary purpose was to determine if a prospectively identified cohort of pulmonary arterial hypertension patients had cognitive sequelae. Our secondary purpose was to determine the relationships between cognitive sequelae and neuropsychological test scores with depression, anxiety, and quality of life.

Methods: Forty-six adults with pulmonary arterial hypertension underwent assessment of cognitive function, depression, anxiety, and quality of life using standardized neuropsychological tests …

Justice Disparities: Does The Ada Enforcement System Treat People With Psychiatric Disabilities Fairly?, Jeffrey Swanson, Scott Burris, Kathryn Moss, Michael Ullman

Maryland Law Review

No abstract provided.

Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington

Maryland Law Review

No abstract provided.

A Uniform Fee-Setting System For Calculating Court-Awarded Attorneys’ Fees: Combining Ex Ante Rates With A Multifactor Lodestar Method And A Performance-Based Mathematical Model, Matthew D. Klaiber

Maryland Law Review

No abstract provided.

Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer L. Levi

Faculty Scholarship

The Ninth Circuit's recent decision in Jespersen v. Harrah's Operating Co., Inc. reflects the blinders on many contemporary courts regarding the impact of sex-differentiated dress requirements on female employees. Although some courts have acknowledged the impermissibility of imposing sexually exploitive dress requirements, they have done so only at the extreme outer limits, ignoring the concrete harms experienced by women (and men) who are forced to conform to externally imposed gender norms. On the other hand, some transgender litigants have recently succeeded in challenging sex-differentiated dress requirements. This success is due in part to their incorporation of disability claims based on …

You Drink, You Drive, You Lose: Or Do You?, Tina Wescott Cafaro

Faculty Scholarship

This Article explores different ways to effectively discourage the crime of alcohol impaired driving. Part I analyzes the trend of utilizing preventive educational measures to counteract societal acceptance of this crime and the shortcomings of relying exclusively on this measure. Part II discusses OUI prevention based on deterrence and the use of stricter penalties, such as mandatory jail sentences, to stop alcohol impaired drivers. This section explores whether the trend of increasing the severity of the punishment for OUI offenses is effective in stopping the crime. This section also discusses the shortcomings of OUI legislation that make deterrence of OUI …

A Drug By Any Other Name ... ? Paradoxes In Dietary Supplement Risk Regulation, Lars Noah, Barbara A. Noah

Faculty Scholarship

Dietary supplements present vexing regulatory challenges for the Food and Drug Administration (FDA). Although several observers have called for reform or repeal of Dietary Supplement Health and Education Act (DSHEA), and the FDA often has lamented its lack of meaningful authority over dietary supplements, this Author suggests that the agency actually possesses the regulatory muscle to adopt a more aggressive risk identification and risk management strategy within the confines of DSHEA, and that it need not ask Congress to amend the statute.

The Role Of Religion In The Schiavo Controversy, Barbara A. Noah

Faculty Scholarship

The brief life of Theresa Marie Schiavo and the dispute over her end-of-life care captured public awareness in a way that few such cases have done. The reasons for the nearly unprecedented public attention to her case are two-fold. The decision by various religious groups and governmental entities to intervene in the dispute surrounding her care in order to promote conservative causes (some of them only tenuously related to her particular medical circumstances) prompted unusually intense media coverage. In addition, the ensuing publicity surrounding Theresa's tragic condition--an unexpected cardiac arrest left her in a permanent vegetative state at the age …

The Private Memoirs And Confessions Of A Justified Collector Of Scottish Books, Ryan Shirey

Neureuther Book Collection Essay Competition

Graduate Winner: 1st Place, 2006. 19th Annual Carl Neureuther Student Book Collection Competition.

Women's Wisdom: Sharing Her Voice, Jennifer Feder

Neureuther Book Collection Essay Competition

Undergraduate Winner: 1st Place, 2006. 19th Annual Carl Neureuther Student Book Collection Competition.

Deregulating Marriage: The Pro-Marriage Case For Abolishing Civil Marriage, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

And The State Makes Three: Should The State Retain A Role In Recognizing Marriage?, Charles J. Reid Jr.

Cardozo Law Review

No abstract provided.

A Case For Civil Marriage, Carol Sanger

Cardozo Law Review

No abstract provided.

Weasel Numbers, Reza Dibadj

Cardozo Law Review

No abstract provided.

Assignability Of Covenants Not To Compete: When Can A Successor Firm Enforce A Noncompete Agreement?, Adam Schneid

Cardozo Law Review

No abstract provided.

Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.

Analyzing Post-Market Boom Jurisprudence In The Second And Ninth Circuits: Has The Pendulum Really Swung Too Far In Favor Of Plaintiffs?, Daniela Nanau

Cardozo Public Law, Policy & Ethics Journal

The note argues that the Private Securities Litigation Reform Act (PSLRA) has not overly favored plaintiffs but rather corrected the imbalance caused by its initially burdensome pleading requirements. It critiques the PSLRA for potentially discouraging meritorious claims and advocates for a more balanced approach to pleading scienter in securities fraud cases. The author suggests that Congress should adopt the Second Circuit's flexible standard for assessing scienter, as it better aligns with the need to deter fraud while avoiding excessive litigation costs.

Protecting The Rights Of Litigants With Diminished Capacity In The New York City Housing Courts, Jeanette Zelhof, Andrew Goldberg, Hina Shamsi

Cardozo Public Law, Policy & Ethics Journal

The article addresses the challenges faced by individuals with mental illnesses or age-related infirmities in navigating the New York Housing Court system. It highlights the need for improved protections, including ADA accommodations and the right to counsel, to ensure equal access and fair proceedings for these vulnerable litigants.

Negotiating Boundaries From Within: A Feminist-Psychodynamic Investigation Of Bulimia And Emotional Expression In Context, Deborah Pollack

Electronic Theses and Dissertations

In light of research demonstrating that eating disordered women have difficulty recognizing and expressing emotions, this study began by critiquing the popular conclusion that bulimic behavior signifies an arrest at the separation-individuation phase of development. Since the prevalence of bulimia nervosa has increased dramatically in the past thirty years, socio-cultural factors must also play an important role. This investigation therefore attempted to illuminate how dominant cultural ideologies perpetuate stereotypic, gendered family structures, which in turn shape the intra-psychic and interpersonal psychodynamics of bulimic women.

This multifarious approach towards understanding the construction of bulimic subjectivity necessitated that the present study use …

Adolescent Female Embodiment As A Transformational Experience In The Lives Of Women: An Empirical Existential-Phenomenological Investigation, Allyson Havill

Electronic Theses and Dissertations

Adolescence can be a time of psychological vulnerability in the life cycle of a woman as she experiences multiple developmental changes. As articulated in the literature related to adolescent female development, a changing body may be at the heart of what can make this a time of profound transition for the adolescent girl as she attempts to negotiate alterations in her identity and self-concept, and consequently her social roles.

The purpose of this investigation of adolescent female embodiment was to understand the experience of adolescent girls as it relates to their changing bodies, and to explore the question of whether …

A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Team Disputes At End-Of-Life: Toward An Ethic Of Collaboration, Debra Gerardi

Faculty Scholarship

No abstract provided.

Description And Evaluation Of An Interprofessional Patient Safety Course For Health Professions And Related Sciences Students, Debra Gerardi

Faculty Scholarship

No abstract provided.

Conflict At End Of Life: A Growing Need For Dispute Resolution Practices, Debra Gerardi, Jacquelin N. Font-Guzman

Faculty Scholarship

No abstract provided.

Evaluating Support Services For African American Females At A Historically Black College, Sabrina Ferguson Edwards

Theses and Dissertations

This study examined the effectiveness of the Women’s Resources Assistance Program (WRAP), a support service for African American females attending a historically black college or university (HBCU). The study included 230 participants. The purpose of the study was to gauge, through the use of surveys, each participant’s knowledge and level of participation in the WRAP.

The participants were issued questionnaires and interview forms to complete during the study. The questionnaires contained 11 closed-ended questions that were designed to determine the participating students’ attitude towards WRAP as well as their level of participation. Similarly, oral interviews were conducted to ascertain the …