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2007

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The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort Jan 2007

The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort

Articles

This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …


Taxation In Developing Countries: Some Recent Support And Challenges To The Conventional View, Reuven S. Avi-Yonah, Yoram Margolioth Jan 2007

Taxation In Developing Countries: Some Recent Support And Challenges To The Conventional View, Reuven S. Avi-Yonah, Yoram Margolioth

Articles

The general advice given by international institutions such as the International Monetary Fund (IMF) and the World Bank to developing countries over the past few decades has been to replace trade taxes with domestic consumption taxes, particularly value-added taxes (VAT), and to maintain relatively high corporate income tax rates. This article reviews recent literature that supports and challenges this conventional view.


Tennessee Archivist 30, No. 1, Society Of Tennessee Archivists Jan 2007

Tennessee Archivist 30, No. 1, Society Of Tennessee Archivists

Tennessee Archivist newsletters

Winter 2007 issue of the Tennessee Archivist, a newsletter produced by the Society of Tennessee Archivists.


William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary Jan 2007

William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary

Articles

In 1890, much of Detroit's street railway system used outmoded technology, had severe labor and public relations problems, and faced uncertainty over the remaining length of the 30-year franchise granted by the city in 1863, but extended in 1879, perhaps illegally. An apparent solution came in 1891, when William W. Cook-later to earn a fortune that he would give to the University of Michigan Law School-and other "Eastern capitalists" purchased Detroit's street rail system. They were unable to solve the existing problems, and the new outside ownership itself added difficulties. Cook's group sold out in 1894, and over the next …


Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes Jan 2007

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes

Articles, Book Chapters, & Popular Press

In response to anecdotal concerns that student enrollment in outsider courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of outsider that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …


Suffolk University Beacon Yearbook, 2007, Suffolk University Jan 2007

Suffolk University Beacon Yearbook, 2007, Suffolk University

Undergraduate Yearbooks

No abstract provided.


A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson Jan 2007

A Tale Of Two Greenways: A Comparative Study Of Greenway Projects, Gabrielle Markeson

Fordham Urban Law Journal

This Comment discusses the recent trend in urban planning which places an emphasis on creating smart growth communities, which encourage mixed land use, alternative modes of transportation, and incorporating green space in development to combat urban sprawl. Smart growth communities often offer greenways, which encompass a broad range of green space including open space along rivers and streams, natural or landscaped courses for pedestrian or bicycle passage, open space connectors for parks, and linear parks designated as parkways, among others. The Comment discusses the environmental, economic, and health benefits of greenways. While greenways have become desirable, many communities aren't successful …


Social Impact: Love Or Money: The Rise Of For-Profit Social Services, Rick Skwiot Jan 2007

Social Impact: Love Or Money: The Rise Of For-Profit Social Services, Rick Skwiot

Social Impact Publication

For better or for worse, for-profit social-service providers—in mental health, welfare, and medical care—are driving fundamental change in an industry previously driven largely by humanitarian concerns.


Social Impact, Edward L. Lawler, Tonya E. Edmonds, Enola K. Proctor, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, Ellen Rostand, Michelle Kassman Jan 2007

Social Impact, Edward L. Lawler, Tonya E. Edmonds, Enola K. Proctor, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, Ellen Rostand, Michelle Kassman

Social Impact Publication

From the Dean: Make Space for Social Work;

Perspectives: In the News: Social Work Faculty and Staff Comment on Civilian Service, Health Care Costs, and Native American Stereotypes;

Perspectives: Civic Service Worldwide;

Perspectives: The Future of Social Work Research with Enola K. Proctor;

Interview: Q&A with Greg Echele;

Scattered Image: Leaders in social work education agree that the profession has an image problem but remain at odds on the best way to change it.;

Place, Space, & People: Traditionally two disparate fields, architecture and social work are interacting in new ways that involve communities in producing socially innovative design.;

Sowing …


Social Impact, Edward F. Lawler, Tonya E. Edmonds, Luis H. Zayas, Enola K. Proctor, Ellen Rostand, Jessica Martin, Toky Branding + Design, Donna Boyd Jan 2007

Social Impact, Edward F. Lawler, Tonya E. Edmonds, Luis H. Zayas, Enola K. Proctor, Ellen Rostand, Jessica Martin, Toky Branding + Design, Donna Boyd

Social Impact Publication

From the Dean: Challenging Our Profession;

Perspectives: In The News: Social Work Faculty and Alumni Comment on Latina Mental Health, Saving in China, and the Poverty Line.;

Bookshelf: From the Internet to Economics: What Faculty and Staff are Reading.;

Perspectives by Arlene Rubin Stiffman: Indictment of Cruelty or Testimony of the Human Spirit?;

Perspectives with Gina Chowa: Student Exports Poverty-Fighting Idea to Africa;

Interview: Q&A with Richard A. Gephardt;

Perspectives: A Closer Look at Immigration with Luis H. Zayas; 16 For Love or Money: The Rise of For-Profit Social Services.;

The 4-2-1 Phenomenon: New Partnership Explores Aging in China.;

Anything …


Father, Don't You See I'M Dreaming?: The Female Gothic And The Creative Process, Diane Long Hoeveler Jan 2007

Father, Don't You See I'M Dreaming?: The Female Gothic And The Creative Process, Diane Long Hoeveler

English Faculty Research and Publications

No abstract provided.


Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman Jan 2007

Help Wanted: Is There A Better Way To Select Judges?, Luke Bierman

Fordham Urban Law Journal

This article gives an anecdotal account of the authors attempt to apply for a position as a State Court Judge that he saw posted in the newspaper. The article uses the job posting concept as a starting point to argue that the system of judicial appointment in New York needs to be reworked and there needs to be new and creative solutions brought into the discussion.


Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond Jan 2007

Affordable Housing, Land Tenure, And Urban Policy: The Matrix Revealed, J. Peter Byrne, Michael Diamond

Fordham Urban Law Journal

This Article describes the policies advanced by housing programs and shows where tension between the policies and programs exists. This Articles also attempts to organize and clarify the relationships among various goals of subsidized housing policy and the elements of programs adopted to meet them. The Article then proceeds by detailing eight possible objectives of subsidized housing and considers how different housing programs may or may not accomplish these objectives.


Urban Revitalization In The Post-Kelo Era, Lynn E. Blais Jan 2007

Urban Revitalization In The Post-Kelo Era, Lynn E. Blais

Fordham Urban Law Journal

An ongoing urban revitalization project arrested by legislative reponses to the Kelo decision is likely to play out in many cities and towns across the country in the next few years. Since Kelo was decided, thirty-four states have adopted some responsive legislation or constitutional amendment. These new laws, to varying degrees and using various mechanisms, limit the power of state and local governments to use eminent domain to faciliate economic redevlopment projects. This Article explores the reach of these statutes and their likely consequences for ongoing and future urban revitalization project.


Brownfields At 20: A Critical Reevaluation, Joel B. Eisen Jan 2007

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Fordham Urban Law Journal

This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.


How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg Jan 2007

How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg

Fordham Urban Law Journal

Keynote Address at Inaugual Fordham Dispute Resolution Society Symposium: "ADR as a Tool for Achieving Social Justice."


Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman Jan 2007

Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman

Fordham Urban Law Journal

Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."


Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell Jan 2007

Undermining Individual And Collective Citizenship: The Impact Of The Exclusion Laws On The African-American Community, S. David Mitchell

Fordham Urban Law Journal

The purpose of this Article is to demonstrate that felon exclusion laws are not race neutral and that the application of the laws has a racially discriminatory effect, and to call for their abolition. The laws contribute to the erosion of citizenship rights for the individual African-American ex-felon, and the undermining of the collective citizenship rights of the larger African-American community. Part II discusses the conceptualization of citizenship that underscores the premise of the Article. Part III discusses the exclusions that ex-felons encounter and the resulting impact on the individual and the community. Using Alabama as a case study, Part …


Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake Jan 2007

Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake

Fordham Urban Law Journal

Courts have struggled to strike a balance between the interests of individuals and cities with the application of intermediate scrutiny to content-neutral time, place, and manner restrictions, and several variations have emerged. This Comment will examine the breadth of those approaches as they affect the determination of what expression triggers First Amendment protection. Ultimately, the Note will argue for a re-thinking of how courts evaluate the scope of First AMendment protection and municipal regulation of expressive activity.


A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard Jan 2007

A Price On Volunteerism:The Public Has A Higher Duty To Accommodate Volunteers, Lauren Attard

Fordham Urban Law Journal

This Comment first examines the issues presented in Bauer (including the holding that the Americans with Disabilities Act does not protect these volunteers from discrimination) and the court’s rationale for finding that volunteers are not protected under Title III. Part II explores the requirements and differences between Title I and Title III and provides some history of the definitions of “volunteer” and “employee.” Part III presents a public duty thesis arguing that the responsibility of providing accommodations should not belong solely to employers in the context of employees, or public accommodations in the context of patrons, but to all factions …


A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger Jan 2007

A Home Of Its Own: The Role Of Poverty Law In Furthering Law Schools' Mission, Marie A. Fallinger

Fordham Urban Law Journal

This essay argues that poverty law can and should be a part of the law school curriculum. If the law school believes it mission to be creating "1) lawyers as public citizens and leaders; 2) lawyers as skilled technicians of the law; 3) lawyers as skilled counselors; 4) lawyers as advocates on behalf of a cause in legal institutions; and 5) lawyers as transformational partners with the poor" then poverty law instruction is vital.


Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo Jan 2007

Poverty, Inequality, And Class In The Structural Constitutional Law Course, Stephen Loffredo

Fordham Urban Law Journal

This Article argues that poverty and income inequality issues should be taught in a constitutional law course. Furthermore, it argues that these issues should not only be considered when discussing due process, equal protection, the First Amendment, but in also within the context of structural constitutional law, i.e. separation of powers and federalism.


Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez Jan 2007

Community Development Clinics: What Does Poverty Have To Do With Them?, Alicia Alvarez

Fordham Urban Law Journal

This Essay argues that in a legal community development clinic, professors should "do more than teach students to be good transactional lawyers." Legal clinic professors should "focus their efforts on the elimination and reduction of poverty."


Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax Jan 2007

Musical Chairs And Tall Buildings: Teaching Poverty Law In The 21st Century, Amy L. Wax

Fordham Urban Law Journal

This Essay examines the evolution, demise and focus of welfare law courses in law school. It examines the content of these courses in an attempt to understand why these courses are not as popular as they once had been. Finally, it looks at the goals of welfare policy and what welfare law courses should teach.


The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis Jan 2007

The Pendulum Swings Back: Poverty Law In The Old And New Curriculum, Martha Davis

Fordham Urban Law Journal

This Essay seeks to answer the question "'What is Poverty Law'?" It does this in two parts. First, it examines the surge in property law courses in the 1960's and 70's and "the purpose these early courses were intended to serve." In the second section the Essay asks and the author asks "what the history suggests about poverty law in the law school curriculum today and in the future."


Innovation Held Hostage: Has Federal Intervention Stifled Efforts To Reform The Child Welfare System?, Vivek Sankaran Jan 2007

Innovation Held Hostage: Has Federal Intervention Stifled Efforts To Reform The Child Welfare System?, Vivek Sankaran

Articles

The past thirty years have been marked by an increased federalization of child welfare law, which, like other areas of family law, traditionally remained within the sole purview of state legislatures. Despite increased oversight by the federal government, outcomes for foster children remain unacceptably poor The number of children in foster care has more than doubled over the past twenty-five years and reports of suspected maltreatment have skyrocketed. Children continue to stay too long in care and have too many placements. Case workers assigned to work with families and attorneys representing parents and children are overwhelmed and rarely provide meaningful …


Branch Rickey, '11: Much More Than Pioneering Baseball Leader, Richard D. Friedman Jan 2007

Branch Rickey, '11: Much More Than Pioneering Baseball Leader, Richard D. Friedman

Articles

Branch Rickey is best known as the president and general manager of the Brooklyn Dodgers who brought Jackie Robinson into big league baseball in 1947, thus integrating a major American institution seven years before Brown v. Board of Education. Even apart from this heroic step, Rickey would probably be known as the most significant baseball executive ever, primarily for his work with the Dodgers and, earlier, the St. Louis Cardinals; the modern farm system and extensive spring training facilities are chief among his many innovations. Less well known is the fact that Rickey was a 1911 graduate of the University …


When Did Lawyers For Children Stop Reading Goldstein, Freud And Solnit? Lessons From The Twentieth Century On Best Interests And The Role Of The Child Advocate, Jane M. Spinak Jan 2007

When Did Lawyers For Children Stop Reading Goldstein, Freud And Solnit? Lessons From The Twentieth Century On Best Interests And The Role Of The Child Advocate, Jane M. Spinak

Faculty Scholarship

Between 1973 and 1986, Joseph Goldstein, Anna Freud, and Albert Solnit published three influential but controversial books on the best interests of the child that had an enormous impact on state decisions to intervene in family life and direct the placement of children. During the same period, children in child welfare proceedings were increasingly represented by lawyers or guardians ad litem whose advocacy included understanding and interpreting the meaning of best interests. This article begins by tracing a conversation of sorts that occurs between the authors and other scholars and practitioners as their ideas begin to influence decision-making in child …


The Bison: 2007, Howard University Jan 2007

The Bison: 2007, Howard University

Howard University Yearbooks

This digital object was funded in part through a grant from the Andrew W. Mellon Foundation. The digitalization of this object was part of a collaborative effort with the Washington Research Library Consortium and George Washington University.


Domain Specific Identity Commitment And Alcohol Use And Problems, Alison Glanville Jan 2007

Domain Specific Identity Commitment And Alcohol Use And Problems, Alison Glanville

All-Inclusive List of Electronic Theses and Dissertations

Identity formation is an important developmental task of the college years. Previous research has demonstrated that identity commitment, as defined by James Marcia, is related to decreased substance use and problems. That is, individuals who are identity achieved or foreclosed use substances less frequently and experience fewer substance-related problems than do individuals who are classified in the statuses of identity diffused or moratorium. However, Marcia discussed identity as developing in two domains, the occupational and the ideological (religious beliefs and political ideology). To date, no studies have examined in which domain commitment is associated with a decrease in substance use …