Digital Commons Network^™

Visions And Revisions: Fanvids And Fair Use, Sarah Trombley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Experience Of Obesity, Its Treatment And Weight Loss: A Qualitative Study Of Overweight Couples, Brenda Potz Kieffer

Other Faculty of Health Theses

This study utilized a qualitative, phenomenological methodology to study obesity. The purpose was to better understand the experiences of obesity, treatment and weight loss from the perspectives of formerly obese individuals, their partners and as couples. The participants consisted of six couples mostly from rural communities. In each couple, at least one the partners had experienced weight fluctuations into the obese range and had achieved at least 50% of his or her weight loss goal. The couples participated in two semi-structured interviews, both individually and as couples. A genogram was constructed with each couple to help identify family of origin …

Preserving Deep-Sea Natural Heritage: Emerging Issues In Offshore Conservation And Management, Aj Davies, Jm Roberts, J Hall-Spencer

School of Biological and Marine Sciences

No abstract provided.

Devon-Wide Gypsy And Traveller Housing Needs Analysis: Plymouth Analysis, Z James, R Southern

School of Law, Humanities and Social Sciences

No abstract provided.

The Liturgical Year 2008: A Year To Remember?, Russell Hardiman

Theology Papers and Journal Articles

In late 2007 there were Press accounts drawing attention to the transfer the next year of the celebration of St Patrick’s Day to Saturday March 15th. For all its strengths, the Roman Liturgical Calendar for any single year is not as uniform or regular as many may presume or expect. There are many variable factors, most prominently the so called Moveable Feasts which are mostly connected with the cycles of the moon but need to be tied to a calendar date set by the sun. This means the date of Easter 2008 (March 23) is the earliest in 2008 years …

Praying The Advent Season: Putting The Coming Of Christ Into Christmas Life, Russell Hardiman

Theology Papers and Journal Articles

It is now nearly a decade since a revision of the Roman Missal was predicted and now five and a half years since the Missal appeared in Latin. The process of translating the 1377 pages is an immense project. After all the turmoil within ICEL's structures, the work is going ahead. With Advent, the focus of new translations is in expressing fully the biblical references to the future Messiah in the orations. In the Roman Missal3, a new policy is set making the tri-fold form of Solemn Blessing a unique fixture of Advent. As Pope Benedict is asking, the sense …

Managing School Choice, Angela Mccarthy

Education Papers and Journal Articles

Issues of school choice have become prominent in public discussion, particularly in the last decade since limits on the establishment of new schools were reduced by the Federal Government with a resultant increase in possible choices for families. Alongside issues of choice are the issues that arise when a change of school choice is necessary. This paper describes the political context of school choice and the results of research into school choice that produced a theoretical model through the use of grounded theory method, a qualitative methodology.

Through the grounded theory method a substantive theory was developed that explained the …

Outcomes Based Education? Rethinking The Provision Of Compulsory Education In Western Australia, Richard G. Berlach, Keith Mcnaught

Education Papers and Journal Articles

Outcomes based education (OBE), which emphasises a radical reinterpretation of the enterprise of education, is a phenomenon enveloping the Australian compulsory education sector. This paper examines the theoretical tenets of OBE as articulated by its chief exponent, William Spady. It then explores the effects that OBE implementation is having on the Western Australian educational fraternity, touching upon current tensions and emerging consequences. Implementation exigencies in one area of the WA curriculum (Mathematics) are then considered; and finally, possible future ‘outcomes’ are suggested should the identified concerns fail to receive due attention.

Christian Service Learning – Does It Make A Difference?, Shane D. Lavery

Education Papers and Journal Articles

This article explores ways in which involvement in a tertiary Christian service learning unit can affect participants. The research is based on the use (with permission) of qualitative data collected over a three-year period from second and fourth year Education students at The University of Notre Dame Australia.

The paper initially explores literature on Christian service learning. An outline of the specific unit offered in the School of Education is then summarised along with the rationale underpinning the unit. Student reflections are then considered in the contexts of The Nature of Christian Service Learning, Social Awareness, and Transformation.

The Failure Of Corporate Governance In State Owned Enterprises And The Need For Restructured Governance In Fully And Partially Privatized Enterprises: The Case Of Kenya, Kiarie Mwaura

Fordham International Law Journal

This Article argues that the initiatives adopted in order to make parastatals more efficient are inadequate and will not realize the intended objectives unless the chief executives of parastatals are hired on a competitive basis, given more autonomy and the government is committed not only to designing performance contracts that set realistic standards, but also enforcing them strictly. It also contends that there is a need to streamline the multiple regulations that govern parastatals and reform the corporate regulatory framework of the private sector in order to raise standards of corporate governance and, as a result, ensure that the privatized …

Legal Analysis Of The 2006 U.N. Security Council Resolutions Against North Korea's Wmd Development, Eric Yong-Joong Lee

Fordham International Law Journal

In Part I, the author will clarify the facts regarding the evolution of the incidents and the adoption of the resultant resolutions. In Part II, the author will analyze the legal questions regarding the two resolutions. Part II will first examine the legality of the missile launch on the basis of Security Council Resolution 1540, customary international law and the Chicago Convention on International Civil Aviation. Second, Part II will examine Resolution 1695's terminology by comparing it to previous resolutions. Third, it will discuss the sanctions based on national legal authorities and legislations. Fourth, Part II will examine international law …

Conceptualizing Intimate Violence And Gender Equality: A Comparative Approach, Valorie K. Vojdik

Fordham International Law Journal

Part I discusses the treatment of domestic violence as a human rights issue under international law, focusing on the shift in the conceptualization of violence against women from a private matter to a human rights issue. By framing gender-based violence as a means to perpetuate the social, economic, and political inequality of women, the international community has imposed positive obligations upon the state to not only punish but to prevent gender-based violence and to eliminate its root causes. In Parts II and III, I contrast the approaches of the highest courts of the United States and South Africa. Part II …

Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone

Fordham International Law Journal

This issue of the Fordham International Law Journal is devoted to African themes. The articles concentrate on the most vulnerable in Africa, namely children, women and the victims of massive crimes.

The Challenges Of International Criminal Prosecutions In Africa, Okechukwu Oko

Fordham International Law Journal

This article evaluates the problems and challenges of international criminal prosecutions in Africa.Part I examines the values of criminal prosecution. It examines whether international criminal prosecutions can be used as a vehicle to contribute to "national reconciliation and to the restoration and maintenance of peace." I concede that punishing perpetrators of evil is definitively a viable mechanism for combating impunity. In appropriate cases, the criminal process can be deployed to engineer compliance with the law and to deter would-be perpetrators of evil. I argue, however, that the objectives of using criminal prosecution to reestablish social equilibrium and promote reconciliation, though …

Practice And Predicament: The Nationality Of The International Arbitrator (With Survey Results), Ilhyung Lee

Fordham International Law Journal

This Essay builds on the available literature to date and offers a more probing examination of the international arbitrator and nationality. The opening section reiterates how arbitrator nationality relates to the traditional requirements of arbitrator impartiality, independence, and neutrality (with which the "arbitrator" is most synonymous); how arbitral rules seek diversity of nationality between the tribunal and the parties; the underlying reasons for national neutrality being the accepted practice in international arbitration; and criticisms of the practice. With this background in place, the Essay poses challenging questions relating to the arbitrator's nationality, with the aid of hypothetical permutations of an …

Seeing The Forest For The Treaties: The Evolving Debates On Forest And Forestry Activities Under The Clean Development Mechanism Ten Years After The Kyoto Protocol, Romulo Silveira Da Rocha Sampaio

Fordham International Law Journal

This Article focuses on the evolving debates concerning jointly implemented forest and forestry activities. More specifically, this Article focuses on forest and forestry activities under the Clean Development Mechanism ("CDM"). The 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change ("Kyoto Protocol") effectively created the project-based flexibility mechanisms that would allow for joint implementation of policies and measures under the climate change legal regime. Article 6 envisioned joint implementation (between developed countries and economies in transition), and Article 12 envisioned the CDM (between developed and developing countries). The overall objective of this Article is to identify the …

Pressuring Sudan: The Prospect Of An Oil-For-Food Program For Darfur, Russell P. Mcaleavey

Fordham International Law Journal

This Note examines whether Justice Goldstone's proposal for an oil-for-food program is feasible in today's international political climate and whether it would be effective in curtailing the violence and aiding civilians in Darfur. Part I begins by examining the reasons behind China's reluctance to support international initiatives to achieve peace in Darfur. Part II discusses the U.N. Oil-for-Food Program in Iraq and outlines proposals for avoiding problems that plagued that program. Finally, Part III takes into consideration the political and logistical difficulties that are likely to arise from the institution of an oil-for-food program in Sudan, and concludes that such …

Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley

Fordham International Law Journal

This Article focuses on the changing role of consumers of financial services in the development of financial services policy in the European Union (“EU”), illustrating tensions between two models of supranational rule-making: the technical and the political. As the European mode of governance has developed by claiming legitimacy largely through functional participation, it is important to focus on the workings of functional participation, and whether it delivers the claimed legitimacy. The first section of the Article describes in outline four different phases of financial services related policy-making in Europe: the period before the Single European Act, the period leading up …

Two Forms Of Modernization In European Competition Law, David J. Gerber

Fordham International Law Journal

This Article makes two central claims. One is that the two processes are related in important ways and that neither can be fully understood without understanding the other. The other is that the relationships between the two reveal changes in the dynamics of European competition law that have so far been little noticed. This Article first sets out briefly the basic outlines of the procedural modernization process, focusing on aspects of its dynamics that are particularly relevant to the ties between it and the process of substantive modernization. It next depicts the process that I call “substantive modernization,” identifying the …

Economic Governance In The European Union: Should Fiscal Stability Outweigh Economic Growth In The Stability And Growth Pact?, Roger J. Goebel

Fordham International Law Journal

This Article will initially discuss the genesis of the Stability and Growth Pact (“SGP”) in 1996-1997. The second section will analyze the legal structure of the legislation adopted in 1997 to enforce the stability aspect of the SGP, i.e., the Multilateral Surveillance Regulation (“MSR”) and the Initial Excessive Deficit Regulation (“EDR”). Next, the Article will briefly review the operational disputes over the application of the EDR to France and Germany in 2002-2003, culminating in the impasse at the November 25, 2003 Ecofin Council meeting. The following section will first summarize and then analyze the Court of Justice's judgment in 2004 …

Improving Competition In European Energy Markets Through Effective Unbundling, Neelie Kroes

Fordham International Law Journal

This Article is structured as follows: first, it summarizes the European approach to developing integrated and well-functioning electricity and gas markets, giving an overview of the opening of energy markets through Community legislation and the development of the current unbundling regime. It puts the European approach in perspective, outlining experiences with unbundling in the United States. Secondly, the malfunctioning of European energy markets is analyzed, presenting the findings of the Sector Inquiry. It then explains how the problems identified can be addressed using instruments at the Commission's disposal, namely competition law enforcement and legislation. In this context, the main elements …

Non-Horizontal Mergers: A European Perspective, Carles Esteva Mosso

Fordham International Law Journal

In the last few years, the assessment of non-horizontal mergers in the European Union (“EU”) has evolved considerably. There is now a consistent body of jurisprudence and administrative decisions on the assessment of vertical and conglomerate concentrations. The goal pursued is consumer welfare; the potential benefits of non-horizontal mergers are recognized and sound economic thinking is relied upon in identifying those instances where such mergers could lead to anti-competitive effects. Several developments have significantly contributed to this evolution. Two judgments of the European Courts have necessarily to be mentioned first: in 2004 the European Court of Justice (“ECJ”) established general …

Female Superintendents: Perceived Barriers And Successful Strategies Used To Attain The Superintendency In California, Denise M. Wickham

University of the Pacific Theses and Dissertations

There exists a discrepancy with the number of females in the California superintendency being twenty-three percent, whereas seventy five percent of all educators are female. This study examined the demographics of the typical female superintendent in California as well as the perceived perceptions of these females in attaining the position. This study examined barriers to the superintendency and successful strategies utilized by females in attaining the public school superintendency. Data for this study were collected through a survey of the perception of barriers and perceptions of successful strategies. All two hundred forty nine California female superintendents were mailed surveys, one …

Student Experiences Of A Culturally Sensitive Curriculum: Ethnic Identity Development Amid Conflicting Stories To Live By, Elaine Chan

Department of Teaching, Learning, and Teacher Education: Faculty Publications

This study examines ways in which students’ experiences of a culturally sensitive curriculum may contribute to their developing sense of ethnic identity. It uses a narrative inquiry approach to explore students’ experiences of the interaction of culture and curriculum in a Canadian inner-city, middle-school context. It considers ways in which the curriculum may be interpreted as the intersection of the students’ home and school cultures. Teachers, administrators, and other members of the school community made efforts to be accepting of the diverse ethnic, linguistic, and religious backgrounds that students brought to the school. However, examination of students’ experiences of school …

Words And Worlds: Irony Makes Literary Creations, Alastair Goff

Contemporary Aesthetics (Journal Archive)

In this paper I take up anew the suggestion recurrent in the work of Kierkegaard and Lukács, among others, that literature is fundamentally ironic. Literary creations, I argue, are ironic because they convey the real world, even though the worldhood of this world is ineffable. In creating a world from words in a novel or poem, the author confronts his or her own skepticism about the possibilities of written expression. Literary creations are only completed when the reader is able to engage with the world of words that is constituted in the work, and to realize that what is said …

Paleolithic Flints: Is An Aesthetics Of Stone Tools Possible?1, Riva Berleant

Contemporary Aesthetics (Journal Archive)

This paper asks whether an aesthetics of Paleolithic tools is possible, and if so, what it might be. The application of our own aesthetic sensibilities to artifacts of prehistory is not difficult. We easily recognize and appreciate their visual and tactile qualities. The more complicated questions that the paper explores are whether we can uncover the aesthetic sensibilities of their makers and, if we cannot, whether aesthetic examination of prehistoric tools from our own perspectives is adequate or useful. The paper is based on study of Paleolithic flints from French archaeological sites dating from about 500,000 years ago to about …

Google Sets, Google Suggest, And Google Search History: Three More Tools For The Reference Librarian's Bag Of Tricks, Jill Cirasella

Publications and Research

This article examines the features, quirks, and uses of Google Sets, Google Suggest, and Google Search History and argues that these three lesser-known Google tools warrant inclusion in the resourceful reference librarian’s bag of tricks.

The European Central Bank's Independence And Its Relations With Economic Policy Makers, Professor Dr. René Smits

Fordham International Law Journal

In this Essay, written for the Fifty Years of European Union (“EU”) Law Conference organized by Fordham Law School, I intend to sketch the independent position of the European Central Bank (“ECB”) in the context of economic policy making within the European Union. I will briefly describe the law and the practice in respect of independence and economic-policy making, both the internal (domestic policies) and the external aspects (international policies). The law is stated as of February 25, 2008.

Silver Threads Among The Gold . . . 50 Years Of The Free Movement Of Goods, Laurence W. Gormley

Fordham International Law Journal

The European Community (“EC”) is 50 years old this year, albeit having undergone a change of name and, just to confuse everyone, the articles of the Treaty establishing the European Community (“EC Treaty”) underwent a change in numbering. If the Treaty of Lisbon comes into force, the European Community itself will disappear, being absorbed into the European Union (“EU”), and the present EC Treaty will become the Treaty on the Functioning of the European Union (“FEU”). It is thus appropriate that this issue of the Fordham International Law Journal be devoted to the Golden Anniversary of the European (Economic) Community, …